Lifesaving Equipment

SUMMARY: The Coast Guard adopts as final, with changes, an interim rule

published on May 20, 1996 that revises the lifesaving equipment

regulations for U.S. inspected vessels.

DATES: This final rule is effective November 2, 1998.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the office of the Executive Secretary, Marine

Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second

Street SW., room 3406, Washington, DC 20593-0001 between 9:30 a.m. and

2 p.m., Monday through Friday, except Federal holidays. The telephone

number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Markle, Chief, Lifesaving

and Fire Safety Standards Division (G-MSE-4), U.S. Coast Guard

Headquarters, by e-mail at RM[email protected], telephone at (202)

267-1444, or fax at (202) 267-1069.

SUPPLEMENTARY INFORMATION:

Regulatory History

The Coast Guard published an advance notice of proposed rulemaking

(ANPRM) in the Federal Register on December 31, 1984 (49 FR 50745). A

notice of proposed rulemaking (NPRM) was published in the Federal

Register on April 21, 1989 (54 FR 16196), inviting comments on the

proposed rule. A public hearing was held to receive comments on the

proposed rules, particularly the provisions affecting passenger

ferries. The hearing was announced in a Federal Register notice on

October 5, 1989 (54 FR 41124), and the hearing was held in Seattle,

Washington, on October 17, 1989.

On May 20, 1996, the Coast Guard published an interim rule entitled

``Lifesaving Equipment'' in the Federal Register (61 FR 25272). The

interim rule requested comments because the NPRM was published more

than five years before. The Coast Guard received 34 letters commenting

on the interim rule. A public meeting was requested, and one was held

on September 25, 1996, in Des Plaines, Illinois, to receive views on

the requirements for passenger vessels. Notice of the public meeting

was published in the Federal Register on August 26, 1996 (61 FR 43685).

Twenty-eight people attended the meeting and nine presented oral

comments during the meeting. These comments articulated the economic

impacts of implementation which differed greatly between passenger

vessels and other commercial vessels. The Coast Guard agreed and on

February 19, 1997 published a partial suspension and request for

comments (62 FR 7360) which delayed the need to implement some portions

of the rule, particularly those affecting passenger vessels until the

Coast Guard could reassess the costs and benefits to passenger vessels.

The resulting revisions are addressed in the regulatory assessment that

accompanies this final rule. Detailed discussion of comments received

can be found under ``Discussion of Comments and Changes.''

Background and Purpose

This project is part of the President's Regulatory Review

Initiative to remove or revise unnecessary government regulations. This

project removed numerous obsolete sections from the Code of Federal

Regulations (CFR) and eliminated others by consolidating the lifesaving

requirements for most U.S. inspected vessels in the new subchapter W in

46 CFR ch. I. Subchapter W also replaced many prescriptive regulations

with performance-based alternatives.

You can find more detailed background information in the preamble

of the interim rule (61 FR 25272) under SUPPLEMENTARY INFORMATION.

Discussion of Comments and Changes

The Coast Guard received 34 comments on the interim rule. The

comments include letters to the docket and remarks at the public

meeting.

Applicability

A number of comments indicated that there was confusion about

Sec. 199.10, which addresses the applicability of Subchapter W.

In order to clarify this section, each major paragraph within

Sec. 199.10 has been given a subject heading. In addition, a new table,

199.10(a), summarizes the applicability of this section to each type of

inspected vessel.

Existing Vessels

Changing Lifeboat Equipment. A number of comments indicated

confusion about which provisions apply to vessels constructed before

the interim rule came into effect. The comments requested clarification

on when a vessel must be retrofitted with required equipment.

In general, vessels constructed before October 1, 1996 may retain

the ``arrangement'' of then existing lifesaving equipment on the

vessel, unless the regulations specifically require retrofit. Wording

to this effect is contained in Secs. 108.515(a)(3), 133.10(b)(3), and

199.10(h)(1)(iv). Although ``arrangement'' was not defined, the Coast

Guard intended a broad interpretation. For instance, it was not

intended that vessel owners should immediately change all of the

existing lifesaving equipment markings to the IMO symbols required

under Sec. 199.178(a), although this would remain an option. New or

additional equipment required by this rule would not have to be added

unless specifically required in Secs. 108.515, 133.10 or 199.10.

Nor should owners change equipment in existing lifeboats to the new

listing in either Table 108.575(b) or Sec. 199.175. The new listings

are intended for modern totally enclosed or partially enclosed

lifeboats. Owners who want to convert to the new equipment should refer

to the Coast Guard's Navigation and Vessel Inspection Circular (NVIC)

2-92 for guidance. NVICs can be purchased from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161,

telephone (sales desk) (800) 553-NTIS (6847) or (703) 605-6000, fax

orders (703) 321-8547, or E-mail [email protected]. NVICs are

also available on the World Wide Web at http://www.uscg.mil/hq/g-m/

nvic/index.htm>.

Retrofit of rescue boats on ferries. One comment from the operator

of a Great Lakes ferry noted that Table 199.630, together with

Secs. 199.10(h)(1)(ii) and 199.202, would require a ferry on the Great

Lakes to retrofit rescue boats.

Ferries are not required to retrofit rescue boats. Section

199.10(h)(1)(ii) may require certain passenger vessels to retrofit

``survival craft'', but rescue boats are specifically excluded from the

definition of ``survival craft'' in this part.

Use of pooled equipment. One comment noted that Secs. 199.10(d)(5)

and (i) might require an owner to upgrade lifesaving equipment on an

old ship with a limited remaining service life, and not allow the use

of lifesaving equipment from a pool of older equipment salvaged from

other ships.

The Coast Guard does not believe that this will be a problem.

Sections 199.10(i)(1) and (2) specifically allow

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the use of older lifeboats, davits, and winches in cases in which the

entire lifeboat installation does not have to be replaced. Normally, a

damaged lifeboat can be replaced without replacing the davit and winch.

The Coast Guard believes an owner's use of a pool of equipment is

reasonable, and that these situations can be resolved on a case-by-case

basis, as long as there is no conflict with SOLAS.

Permissively manned Great Lakes barges. One comment suggested that

permissively manned Great Lakes barges be specifically exempted from

subchapter W. These vessels were recently required to be inspected, and

the comment stated that while these vessels would be significantly

affected by the regulations, the owners had no opportunity to comment

on the regulations because these barges would not have been affected at

the time the NPRM was published.

The Coast Guard has not exempted manned Great Lakes barges from the

regulations, however, Sec. 199.10(h)(1)(iv) permits vessels constructed

before October 1, 1996 to retain their present lifesaving arrangements.

Most new barges are exempt from EPIRB and rescue boat requirements

under Sec. 199.610(a)(1). In addition Sec. 199.20(d) authorizes the

District Commander to grant further exemptions, if appropriate.

International Rules Applied to Domestic Services

SOLAS rules and domestic vessels. A number of comments suggested

that the Coast Guard was improperly applying international or SOLAS

rules to domestic vessels.

The Coast Guard used SOLAS terms and organization to write the

regulations in Parts B, C, and D of Subchapter W, but did not apply all

of the international regulations to vessels in domestic services. Parts

E and F apply to vessels in domestic services and clearly exclude

domestic vessels from international requirements that do not apply to

them. The regulations allow vessels that meet international standards

to be used in domestic services; however, they do not mandate that

domestic service vessels comply with international standards. The Coast

Guard could have organized the regulations differently by providing

completely different sections for international and domestic services.

Though the numbers and types of lifesaving equipment are different for

SOLAS and domestic services, many of the basic requirements are the

same. Consequently, a separate section of regulation for each type of

domestic service would needlessly increase the size of subchapter W. In

the past, separate sections covering different services have led to

inconsistencies that the Coast Guard wishes to avoid.

International voyage. One comment objected to the definition in

Sec. 199.30 of international voyage as applied to tank vessels because

it included voyages between the continental United States and Alaska or

Hawaii. The comment stated that owners should not be required to get a

SOLAS Safety Equipment Certificate for these voyages.

The definition has not been revised. It is consistent with current

regulations for passenger and cargo ships in Secs. 70.05-10(a)(2)(iii)

and 90.05-10(a)(2)(iii), respectively, which include voyages between

the continental United States and Alaska or Hawaii as international

voyages for the purposes of the regulations. A comparable paragraph

does not appear in Sec. 30.01-6(a)(2) for tank vessels. The regulation

in subchapter W does not mean that tank vessels on domestic voyages

between Alaska and the continental United States now have to obtain

SOLAS Safety Equipment Certificates. It does mean that they have to

meet the same lifesaving equipment requirements as vessels on

international voyages. An examination of Tables 199.610(a), 199.610(c),

199.620(a), and 199.640(a), shows that the differences between the

requirements for large tank vessels on international voyages and those

in domestic ocean service are minimal. However, the effect of

Sec. 199.10(d)(5) on tank vessels constructed between July 1, 1986 and

October 1, 1996, that are engaged in voyages between the continental

United States and Alaska or Hawaii, would be to require them to

retrofit their lifesaving equipment to meet SOLAS requirements. This

was unintended, so Sec. 199.10(d)(5) has been revised to exclude tank

vessels constructed before October 1, 1996 that are engaged in voyages

between the continental United States and Alaska or Hawaii from all of

the SOLAS requirements.

Lifesaving Systems for Passenger Vessels in Domestic Services

Inflatable buoyant apparatus. A number of comments from operators

of passenger vessels in lakes, bays and sounds, and river services

objected to the requirements for the carriage of inflatable buoyant

apparatus on vessels which have never had to carry significant

quantities of lifesaving equipment. For instance, large ferries,

accommodating as many as 5,000 persons, only had to carry a lifeboat

for 36 persons. These vessels had typically substituted two 20-person

inflatable liferafts and one or two oar-propelled rescue boats for this

lifeboat. These operators are justifiably proud of their excellent

safety record over the past 35 years; no fatality due to a casualty has

been suffered over this period on any inspected U.S. passenger vessel

over 100 gross tons. One operator objected to being ``penalized'' for

their perfect safety record by having to buy and maintain needless

lifesaving equipment. A number of comments questioned the Regulatory

Assessment because it seemed to say that over 100 people had died in

the past five years in casualties involving passenger vessels.

Because of these objections, the Coast Guard issued a partial

suspension of the Interim Rule on February 19, 1997, as it applied to

vessels constructed before October 1, 1996. The Regulatory Assessment

has been revised, as discussed more fully in the sections titled

``Assessment.'' Although a few revisions have been made to the

regulations, as discussed below, the Coast Guard has concluded that, in

general, the regulations in the interim rule were appropriate.

Increased lifesaving requirements. A number of operators of

passenger vessels in lakes, bays and sounds service, or in river

service, objected to the increased lifesaving requirements. There were

many reasons given for the objections. One comment included an

extensive discussion of the report ``Improving Maritime Traffic Safety

on Puget Sound Waterways'' referred to in the NPRM. The comment argued

that the report contained so many invalid assumptions and incorrect

statements that it could not be used as the basis for justifying a

requirement to provide sufficient inflatable buoyant apparatus for

everyone on board ferries. Furthermore, the comment stated the

requirement of the Coast Guard Authorization Act of 1984 ``to develop

improved lifesaving equipment for use on ferries'' had been met with

the development in recent years of several new lifesaving systems and

the comment stated that the Act did not specifically mandate that

greater quantities of lifesaving equipment be carried.

The Coast Guard believes that Congress intended for the Coast Guard

to make the changes necessary to improve lifesaving equipment on

ferries. The regulations in Subchapter W make improvements in the

lifesaving systems on ferries, but in addition, provide alternatives

for ferries and other passenger vessels in Great Lakes services, lakes,

bays, and sounds services, and river services. Alternatives, developed

through a safety assessment, will allow operators to

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develop different and possibly better ways to plan for the abandonment

of a vessel in distress.

The Coast Guard has made some revisions to the requirements in the

interim rule. The quantity of inflatable buoyant apparatus in cold

water lakes, bays, and sounds service has been reduced from 100% to 67%

of the number of persons on board. Inflatable buoyant apparatus are

rated for their open water carrying capacity. In waters where high

waves are not expected, such as those typically found in lakes, bays,

sounds, and rivers, inflatable buoyant apparatus can be loaded to 50%

above their rated capacity, and during their approval testing, they are

tested in 0.9 m (3 ft.) high waves to ensure that they can be safely

used in the ``overloaded'' condition. Therefore, a vessel carrying

inflatable buoyant apparatus with rated capacities totaling 67% of the

persons permitted on board can actually accommodate 100% of the number

of persons on board in water where high waves are not expected. Section

199.630(g) has been revised to clarify this point.

Some operators commented that much of the expense of meeting the

interim rule requirements would come from hiring persons to be on board

solely for the purpose of being available to launch and operate the

inflatable buoyant apparatus. The Coast Guard has revised the

regulations to provide for the possibility of reducing some of the cost

impact of the additional manning required. The Coast Guard recognizes

that some launching and embarkation arrangements might not require a

trained person to be placed in charge of each inflatable buoyant

apparatus. Furthermore, some vessels, especially ferries, are sized to

handle peak passenger loads and may carry fewer people at other times.

On these trips with lighter loads, it would not be necessary to launch

all of the survival craft in an abandonment. Table 199.630 and

Sec. 199.630 have been revised by adding a new paragraph (l), stating

that a deck officer, able seaman, certificated person, or person

practiced in the handling of liferafts or inflatable buoyant apparatus

is not required to be placed in charge of each inflatable buoyant

apparatus, provided that there is a sufficient number of such persons

on board to launch the inflatable buoyant apparatus and supervise the

embarkation of the passengers. Paragraph (l) also says the number of

persons on board for the purpose of launching and operating inflatable

buoyant apparatus may be reduced during any voyage where the vessel is

carrying less than the number of passengers permitted on board, and the

number of such persons is adequate to launch and operate sufficient

survival craft to accommodate everyone on board.

46 CFR subchapter K requirements. One comment suggested that the

Coast Guard revise subchapter W to be more consistent with the

lifesaving requirements in 46 CFR subchapter K. Subchapter K applies to

passenger vessels under 100 gross tons, which carry more than 150

passengers, or have overnight accommodations for more than 49

passengers.

The Coast Guard does not agree with this comment. Subchapter K

vessels are smaller and generally carry fewer persons than those to

which Subchapter W applies, therefore presenting a lower level of risk

in the case of an accident that would require the abandonment of the

vessel. Space and weight can be more of a problem on these smaller

vessels than on vessels to which Subchapter W applies. For these

reasons, no changes have been made as a result of this comment.

Sections 199.10(h)(1)(i), (h)(1)(ii), and (h)(1)(iii). The Coast

Guard is reinstating these sections which apply certain Subchapter W

regulations to passenger vessels not subject to SOLAS. Section

199.10(h)(1)(i) also applies to cargo vessels not subject to SOLAS. The

effective date of this paragraph was October 1, 1997, before suspension

of the regulation. This date has been set back to October 1, 1999,

approximately one year after the effective date of this rule. The

effective date for Secs. 199.10(h) (1)(ii) and (h)(1)(iii) has been

changed to October 1, 2003, approximately five years after the

effective date of this rule.

Survival craft exemption. One comment stated that there was no

survival craft exemption provided for a passenger vessel that was

always close to shore where it could discharge passengers quickly in an

emergency. Another comment suggested that an additional exemption from

survival craft requirements be added for vessels which can return to

shore within 15 minutes.

The Coast Guard does not agree with the suggestion to provide a

blanket exemption for vessels which operate close to shore. The shore

may or may not provide an appropriate place to land persons in safety.

The safety assessment alternative in Sec. 199.630(f), elsewhere in this

preamble, was developed to evaluate such situations.

Launching appliances. One comment stated that under

Secs. 199.630(d) and (e), the Coast Guard should accept ``other safe

and effective means'' for boarding survival craft on riverboats, other

than launching appliances, as in Sec. 199.110(f)(4).

The Coast Guard believes that the freeboard on most riverboats will

be less than 3 meters so that, under Sec. 199.630(d)(1), launching

appliances will probably not be required. If the freeboard is more than

3 meters, some type of launching appliance or marine evacuation system

will be needed for passengers. Section 199.09 allows equivalents to be

considered by the Coast Guard.

Safety Assessment Alternative for Passenger Vessels in Domestic

Services

A number of comments raised concerns over the Shipboard Safety

Management and Contingency Plan alternative in Sec. 199.630(f), for

passenger vessels in domestic service. The alternative would allow the

evacuation arrangements for the vessel to be determined in accordance

with the plan, which would replace the regulatory requirement for a

minimum number of inflatable buoyant apparatus. The concerns include:

consistency of decisions by OCMIs; the necessity for any increase in

the lifesaving equipment requirements for these vessels; the appeals

process; and the potential reluctance by OCMIs to approve any deviation

from the minimum required lifesaving equipment requirements.

The Coast Guard has determined that it is appropriate to increase

the minimum lifesaving equipment requirements to enhance passenger and

crew safety. A detailed discussion of the costs and benefits associated

with this requirement can be found under ``Assessment.'' However, in

certain circumstances, less than the required minimum lifesaving

equipment capacity may be appropriate because other equipment or

resources contribute to an equally safe passenger/crew environment. To

provide a performance-based alternative, equivalent to the equipment

requirements, a shipboard safety assessment/safety management plan

alternative is included in the regulations.

An approved Shipboard Safety Management and Contingency Plan will

provide a level of safety equal to that which would be provided by

equipping the vessel with required primary lifesaving equipment. The

plan would be validated periodically with exercises and drills to

ensure that it provides for effective and safe evacuation of the

vessel. A detailed discussion of the comments follows below.

Shipboard safety assessment, generally. Several comments raised

concerns over the shipboard safety assessment alternative in

Sec. 199.630(f).

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One objected to the safety assessment having to be approved by the OCMI

because over the years, the decisions of different OCMIs would be

inconsistent. The comment suggested that objective criteria be provided

for the safety assessment rather than the subjective criteria listed in

the paragraph.

The Coast Guard has developed Navigation and Vessel Inspection

Circular (NVIC) 1-97, a policy document that describes in general how

to develop shipboard safety management plans, including contingency

plans. Contingency plans include planning for the evacuation of the

vessel in all credible emergency situations. The guidance in the NVIC

will make OCMI decisions more consistent. However, the Coast Guard

recognizes that a performance-based regulation, which is designed to

allow for flexibility, will inevitably involve some inconsistencies and

differences of opinion. The Coast Guard and vessel operators will need

to work together to minimize these problems. During the five-year

phase-in period of this rule, the Coast Guard plans to hold a series of

workshops involving affected operators and Coast Guard inspection

offices, so that through cooperation and partnership a consistent

process for development of shipboard safety management plans can be

achieved. Additionally, the Coast Guard plans to use its Quality

Assurance staff of ``travelling inspectors'' (G-MO-1) to participate in

the development of shipboard safety management plans to ensure

consistency of implementation throughout the country. Furthermore, the

Coast Guard is developing criteria for OCMIs to use in approving these

alternative plans to ensure that they provide a level of safety at

least equal to that which would be provided by inflatable buoyant

apparatus.

The workshops will consider issues such as the types of

contingencies that need to be planned for, the probabilities of various

types of emergencies given the characteristics of the waterway, and to

what degree ship characteristics and alternative equipment can

substitute for lifesaving equipment. The schedule and details about the

workshops will be announced in a Federal Register notice. The public

workshops and agendas will focus on local needs. Please contact Mr. Bob

Markle via either e-mail or post at the addresses found under ADDRESSES

for more information on the workshops.

Shipboard safety management plan. One comment stated that the

shipboard safety management plan and Navigation and Vessel Inspection

Circular 1-97 that explains how to develop the plan, served no purpose

because the plan was an alternative to an unnecessary regulation.

The Coast Guard has kept the shipboard safety management plan

alternative because it allows the operator to develop contingency plans

based on the risks posed by their particular operation, not based on a

prescriptive regulation.

NVIC 1-97. One comment questioned the objective of NVIC 1-97,

wondering why it was necessary to go through a safety assessment just

to maintain the status quo in lifesaving equipment, and questioning the

absence of any criteria relating to damage stability and structural

fire protection.

The objective of the safety assessment is to define the optimal

approach to safety for a particular operating condition. The result of

a safety assessment might be a different lifesaving equipment

arrangement or a completely different approach to managing abandonment

of the vessel. The Coast Guard agrees that damage stability criteria

and structural fire protection might be considered for future addition

to the safety assessment guidance.

Support for safety assessment. Three comments expressed support for

the safety assessment and for NVIC 1-97, noting that the guidance was

similar to that used for many river gaming vessels; that it clearly

spelled out the requirements for contingency plans; and that the NVIC

would help operators standardize their plans among their fleets. The

comment further suggested developing a NVIC to cover the rest of the

safety assessment mentioned in Sec. 199.630(f).

The contingency plan outlined in the enclosure to NVIC 1-97 forms a

major part of the safety assessment. The Coast Guard will work with the

industry to expand NVIC 1-97, and if necessary, to provide additional

guidance for developing the safety assessment.

Appeal procedure. One comment asked if there would be an appeal

procedure for OCMI decisions on safety assessments under

Sec. 199.630(f).

The appeal procedures described in 46 CFR 1.03 apply in cases where

an operator does not agree with an OCMI's decision on a safety

assessment.

Objections to shipboard safety management plan. One comment raised

several objections to the shipboard safety management plan alternative,

speculating that OCMIs would not risk approving such a plan since any

mishap involving such a vessel would possibly jeopardize their careers.

The comment also suggested that experience with riverboat gaming

vessels gave the Coast Guard a false sense of confidence in safety

management and contingency planning, since that industry could spend

large amounts of money to develop such analyses in order to avoid

expensive delays in starting their operations. The comment also noted

that there were no pass/fail criteria established for the safety

management plan.

The Coast Guard disagrees. The shipboard safety management plan is

an option that the vessel owner can choose to apply or not apply.

Lifesaving systems for MODUs, generally. Two comments stated that

the lifeboat requirement of 200% of vessel capacity in Sec. 108.525(a)

was not consistent with other vessel types. One comment suggested a

reduction in lifeboats to 75% of vessel capacity and in liferafts to

50% of vessel capacity to be consistent with passenger ship

requirements. The comments raised the following points:

--MODUs have evacuation plans and are accompanied by other vessels,

precautions which passenger vessels do not take, so lifesaving system

requirements should be adjusted accordingly.

--OSVs require lifefloats for 100% of vessel capacity.

--Cargo vessels require lifeboats for 200% of vessel capacity, but

liferafts for 200% of vessel capacity are accepted on smaller vessels.

--Passenger vessels require a combination of lifeboats and liferafts

equaling 125% of vessel capacity.

--OCS platforms require lifefloats for 100% of vessel capacity.

The Coast Guard has not revised these regulations. Requirements

vary among vessel types because of vessel characteristics. The ship

most comparable to a MODU in terms of fire and explosion hazard is a

tanker, which requires fire-protected lifeboats for 200% of vessel

capacity. The requirements for MODUs are also consistent with the

current IMO MODU Code. The IMO MODU Code requirements were supported by

other countries with offshore drilling activities, and justified by

their casualty experience.

Widely separated'' survival craft stations. One comment noted that

the Coast Guard had not defined the criteria for determining whether or

not survival craft stations were ``widely separated'' as the term is

used in Sec. 108.525(a)(1). If survival craft cannot be widely

separated only 100% capacity in fire-protected lifeboats is required,

rather than 200%, since spare lifeboat capacity cannot be provided at a

different location. The comment noted that on

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triangular rigs the normal survival craft positions would not be widely

separated.

The Coast Guard agrees with the comment and has added a definition

of ``widely separated locations'' to Sec. 107.111.

Lifeboat orientation and location. One comment suggested that the

second sentence of Sec. 108.550(f)(3) be replaced with a sentence from

the IMO MODU Code. The second sentence of Sec. 108.550(f)(3) says,

``The location and orientation of each lifeboat must be such that the

lifeboat is either headed away from the unit upon launching, or can be

turned to a heading away from the unit immediately upon launching.''

The sentence from the MODU Code says, ``Consideration should be given

to the location and orientation of the survival craft with reference to

MODU design such that clearance of the unit is achieved in an efficient

and safe manner having due regard to the capabilities of the survival

craft.''

The Coast Guard does not agree with the comment and has made no

revision. The IMO MODU Code sentence is not sufficient for meaningful

implementation. The second sentence of Sec. 108.550(f)(3) captures the

Coast Guard's interpretation of the intent of the IMO MODU Code

requirement.

Use of certain terms. Two comments stated that the term ``escape''

in Secs. 108.540(h) (3) and (4) was misleading because it has other

connotations. One of the comments suggested using the term

``embarkation'' instead of ``escape.'' Two comments noted the use of

the term ``approved'' in Sec. 108.540(h)(3) did not appear to mean

``approved by the Commandant'' as that term is defined in Sec. 107.111.

A suggested revision was to indicate the approval of the OCMI.

The suggested revisions improve clarity and have been made.

Escape time requirement. Three comments indicated that the 10

minute escape time in Sec. 108.540(h)(3) seemed difficult, because some

of the items listed, such as controlled escape devices, can only handle

a few people in that time. Since these devices generally replace

ladders, which have relatively slow evacuation times, the 10 minute

escape time could imply that the alternate means of escape should

actually be better than the device it replaces.

The Coast Guard agrees with the comments and has revised the

section to require that the alternate means of escape have at least the

same capacity as the device which it replaces.

Ladder-cage requirement. Three comments suggested eliminating the

requirement in Sec. 108.540(h)(3) for cages around ladders in areas

subject to wave action, or where the ladder is inside the lattice legs

of a jackup unit.

The Coast Guard agrees and has revised the section.

Training and Drills

Training and drill requirements, generally. Several comments

pointed out that not all the training and drill requirements in

Sec. 199.180 were appropriate for vessels in domestic services. For

instance, one comment pointed out that training in the use of firemen's

outfits was not necessary for vessels in river service that don't carry

firemen's outfits, and that the equipment should not be required to be

carried just for training purposes. Another comment stated that

hypothermia training was not needed on rivers.

The Coast Guard agrees in principle. Training in hypothermia would

be beneficial to those on river service in cold climates. However, the

same level of training would not necessarily be needed as the training

required for vessels in ocean service. Training in the use of equipment

that the vessel is not required to carry is not required. Table

199.620(a) has been revised to add a line referring to Sec. 199.180. A

new section, Sec. 199.620(p), has been added to clarify that training

and drills do not need to cover equipment and subjects not required for

the vessel's service.

The Coast Guard has not, as one comment suggested, exempted river

vessels from a requirement for passenger safety briefings. Passengers

need to receive appropriate instructions on what to do in an emergency

regardless of the service the vessel is engaged in.

Emergency duties on MODUs. Two comments suggested revisions to the

MODU regulations to reflect the fact that industrial personnel, as well

as crew members, can be assigned emergency duties.

The Coast Guard agrees with the comments and has revised

Secs. 108.901(b), (b)(6), (b)(6)(ix), (b)(6)(x), and (7) and

109.213(b), (c)(2), (d)(5), and (h)(1)(iv) to include industrial

personnel in the emergency duties.

Emergency lighting. One comment suggested revising

Sec. 109.213(d)(6) to clarify that the emergency lighting to be tested

during a drill on a MODU is only that lighting which is powered from a

battery source so that an emergency generator does not need to be

started.

The Coast Guard has not revised the paragraph. The requirement is

only to test the lighting. It is not intended or implied that the

emergency generator must be started for this purpose. The lighting may

be tested using the main power source.

Immersion suits. Two comments suggested revising Sec. 109.213(d)(7)

to require wearing an immersion suit during drills once every three

months rather than once a month to prevent undue wear.

The Coast Guard agrees with the comment and has revised this

section as well as a similar provision in Sec. 199.180(d)(11).

Emergency fuel and ventilation shutdowns. Seven comments stated

that operation of emergency fuel and ventilation shutdowns during fire

drills required in Sec. 109.213(f)(2)(vii) is unsafe and would require

shutdown of the well. Two of the comments suggested that this be done

only once every six months.

The Coast Guard agrees with the comments and has revised the

section. This is a drill and training requirement and only simulation

of the operation of these controls is necessary. The Coast Guard does

not intend for the well to be shut down for this purpose.

Familiarization and basic training. Two comments on Sec. 109.213(g)

stated that familiarization and basic training are elements of STCW

(International Convention for Training, Certification and Watchkeeping

of Seafarers of 1978, as amended) and should not be covered in this

rulemaking.

This section does not require familiarization or basic training. It

requires on board training in the particular systems used on the MODU.

It is an extension of the drill requirement and does not overlap the

basic training covered by the STCW Convention.

Liferaft inflation. Three comments indicated that inflating of

liferafts every 4 months for training purposes under

Sec. 109.213(g)(5), posed objectionable costs and logistics. The

comments stated that these small cost items along with the costs of

other (unspecified) changes add up; questioned whether this had been

evaluated in light of STCW training requirements; stated that it was

not accounted for in Regulatory Assessment; and asserted that the

necessary objectives could be achieved by lowering a dummy weight.

This regulation has been evaluated in light of the 1995 Amendments

to the STCW Convention and the implementing regulations (published on

June 26, 1997 at 62 FR 34506). As a result the final rule was drafted

so that the two regulations are consistent. A training raft can be a

``condemned'' raft inflated by compressed air, in which case costs of

compliance should be minimal. A dummy weight does not

[[Page 52807]]

accomplish the objective of the training. The final rule continues to

require the use of an inflated raft ``whenever practicable.''

Rescue Boats

Weight of the rescue boat. One comment noted that Sec. 199.630(i)

does not mention that 46 CFR 160.056 limits the weight of the rescue

boat to 100 kg (225 lb), and wondered if that included the outboard

motor. The comment also questioned whether or not the boat would have a

maximum horsepower plate.

The 100 kg (225 lb) limit does not include the motor. Unless the

boat is intended by its manufacturer to be solely for commercial use,

it will have a maximum horsepower plate under 33 CFR 183.25. No

revision has been made to the regulations as a result of this comment.

Powered winches. One comment suggested that river boats be exempt

from the requirement for powered winches to lower their rescue boats

since they presently use hand winches or gravity.

The Coast Guard agrees with the comment. Section 199.640(h)(2) has

been revised to specifically permit rescue boats that are launched

without personnel on board the rescue boat to have manually-powered

winches.

Repairs to rescue boats. Two comments suggested revising

Sec. 109.301(g)(4) to indicate that repairs to the inflatable chambers

of rescue boats, rather than all repairs, had to be made at an approved

servicing facility.

The Coast Guard agrees that the comment reflected the intent of the

paragraph and has revised it accordingly. The Coast Guard has also

revised a similar provision in Sec. 199.190(g)(4).

Launching Appliances for Survival Craft and Rescue Boats

Safety factors. One comment noted the requirements for safety

factors for falls and structural attachments of launching equipment in

Secs. 199.150(e) and 199.153(c) were based on the ultimate tensile

strength of the material. The comment pointed out that such safety

factors were appropriate for mild steel components, but might not be

appropriate, or might even be inadequate, for structural attachments

made of materials other than mild steel or which are subjected to

complex combinations of stresses. The comment suggested permitting the

use of more sophisticated failure criteria as an alternative. In

addition, the comment suggested requiring or recommending that sea

forces be considered in the design of the attachments of the launching

equipment rather than simply using safety factors based on static

loads.

The Coast Guard agrees in principle with the comment, but no change

has been made at this time. Launching systems for survival craft are

constructed almost exclusively of mild steel, as are the decks to which

they are secured. Other materials, such as aluminum or composites, are

not generally used on vessels to which subchapter W applies. Should

such a special construction be proposed, however, the Coast Guard

believes it has allowed an adequate means to evaluate alternatives

under Sec. 199.09. The static safety factors are based on SOLAS

requirements and, while the Coast Guard agrees that it would be better

to consider the dynamic forces, there have been no guidelines developed

nor recommendations made on how to do this. Even if it is less than

optimal, the static force safety factor standard as proposed in the

regulations has proven to be successful over the years.

Winch drum. One comment requested a clarification of the

requirement in Sec. 199.153(f) that each winch drum should be arranged

so the fall winds onto the drum in a level wrap. The comment noted that

this was not a SOLAS requirement, and wanted to know if the requirement

was intended to prohibit winch drums designed for more than one layer

of wire rope.

The requirement is not intended to prohibit winch drums

accommodating more than one layer of wire rope. It is intended to

prevent designs that allow the wire rope to wind unevenly or tangle.

Such designs will not meet the SOLAS requirement for falls to wind onto

the drums at an even rate. Section 199.153(f) has been revised to

indicate that one or more level wraps of wire rope are permitted.

Manning of Survival Craft

Able seamen and certified persons. Three comments stated that wages

for able seamen and certified persons are expensive and not presently

required on river vessels. They requested an alternative to the

requirement in Sec. 199.100(b).

The Coast Guard agrees with the comment and has added an

alternative to Table 199.620, and added a new Sec. 199.620(o) to allow

deckhands to operate and launch survival craft on river vessels.

Great Lakes manning. One comment suggested that persons practiced

in the handling of liferafts or inflatable buoyant apparatus be

specifically permitted to be placed in charge of such survival craft on

ferries operating on the Great Lakes. Currently the OCMI has discretion

to approve uncertificated persons as provided in Sec. 199.100(c)(1).

The comment explained that it was difficult to find such qualified

persons for seasonal employment on Great Lakes ferry operations.

The Coast Guard has not adopted the suggestion to remove the OCMI's

discretion on permitting persons other than certificated persons to be

placed in command of liferafts or inflatable buoyant apparatus. Since

there are no standards for the proficiency of such persons, the OCMI

must be satisfied with the overall safety of the operation before

allowing uncertificated persons to be placed in charge of liferafts or

buoyant apparatus.

Lifeboat second-in-command. One comment suggested that the person

designated second-in-command of a lifeboat under Sec. 199.100(d), on a

ferry operating on the Great Lakes, not be required to be a deck

officer, able seaman, or certificated person (lifeboatman). Instead,

the second-in-command could be a person practiced in the handling of

lifeboats. The comment explained that it was difficult to find such

qualified persons for seasonal employment on Great Lakes ferry

operations. The person making the comment was concerned that the

operator of a seasonal ferry service might be tempted to substitute

less effective lifesaving equipment for the lifeboats in order to limit

the number of certificated persons required on the vessel.

The Coast Guard agrees with the comment and has added the

alternative to Table 199.630, and added a new Sec. 199.630(n) applying

to vessels in Great Lakes, and lakes, bays and sounds services.

Visual Distress Signals on Vessels in Domestic Services

Exemptions. One comment stated that exempting vessels on a run less

than 30 minutes away from the dock from the requirement in

Sec. 199.610(a)(2) to carry distress signals did not make sense and was

not consistent with requirements for recreational boats.

The Coast Guard does not agree. Recreational boats do not operate

on scheduled runs, but they are required to carry visual distress

signals in coastal waters. Vessels on short scheduled runs are soon

missed if they do not arrive on time so that, even if radio contact

fails to notify those on shore of a problem, late arrival will.

[[Page 52808]]

Lifejackets and Immersion Suits

Lifejacket markings. One comment stated that lifejackets stowed in

MODU staterooms do not need to have markings designating the stowage

position.

The Coast Guard agrees with the comment and has revised

Sec. 108.649(b) to exclude marking of stowage positions for lifejackets

stowed in MODU staterooms.

Immersion suit markings. Two comments recommended deleting the

requirement to mark immersion suits ``in block capital letters'' so

that stenciling is not implied since other methods are used to mark

immersion suits. Another comment suggested the use of the company name

along with an identifying number, which has been accepted by the Coast

Guard previously as satisfactory.

The Coast Guard agrees with the comments and has revised

Secs. 108.649(c), 133.70(c)(3), and 199.70(c)(3) to require that

immersion suits be marked in such a way that the person, vessel or MODU

they belong to can be identified.

Child-size lifejackets. One comment stated that the exemption for

carriage of child-size lifejackets in Table 199.610(a) at the line for

Sec. 199.70(b)(1)(i), should additionally indicate that the exemption

applies to vessels only carrying adults, since some gaming vessels are

limited to carriage of persons over 21.

The Coast Guard does not agree that the recommended revision is

necessary. Some vessels, such as gaming vessels, are certificated to

carry only adults. If they carry lifejackets indicated as being the

``adult'' size, then they do not carry persons smaller than the lower

size limit of the lifejacket.

Separate stowage requirements for lifejackets. One comment

suggested deleting the requirement in Sec. 199.70(b)(2)(ii) that child-

size lifejackets be stowed separately from adult sizes.

The requirement has been deleted as suggested. The Coast Guard

considers separate stowage of child-size lifejackets to be good

practice; however, child-size lifejackets are clearly marked as such,

so the possibility of confusing them for adult sizes is minimal.

Marking of stowage containers. One comment stated that the

requirement in Sec. 108.649(g) to mark lifejacket, immersion suit, and

anti-exposure suit stowage containers on MODUs with the quantity and

size of the devices inside was unnecessary since the number may change

and include extras.

The Coast Guard partially agrees with the comment and has revised

the section. The number of items in the container should be the minimum

required to comply with the regulatory requirement. There should be no

problem if extras are stowed there. As far as sizes are concerned,

children are not carried on MODUs so there is no need to list the sizes

of devices in the container if they are all adult/universal sizes.

However, this equipment is now available in several adult sizes as well

as in the universal size. Therefore, the section has been revised to

require marking of sizes on the container only if sizes other than

adult/universal are stowed inside.

Lifejacket Lights and Retroreflective Material

Exemption for ferries. One comment suggested that there should not

be exemptions for the carriage of lights for lifejackets on ferries in

any service under Table 199.610(a). The comment reasoned that a

casualty at night would result in large numbers of persons in the water

that could not be seen.

A requirement for lifejacket lights on all passenger vessels was

considered at the time lifejacket lights were originally required for

some vessels in 1979. Operators of passenger vessels carrying large

numbers of persons were concerned about the cost and maintenance burden

of a large number of lifejacket lights. Although lifejacket lights

could be an advantage in a nighttime accident, the Coast Guard believes

that maintenance and pilferage would be extremely difficult problems

for ferries and other vessels with small crews carrying hundreds or

thousands of lifejackets. Furthermore, if these vessels carry

inflatable buoyant apparatus or other survival craft, those craft will

be equipped with lights. The lifejackets themselves are also equipped

with retroreflective material making them conspicuous at night to

searchers with searchlights. The Coast Guard has not revised this

regulation.

Chemiluminescent lights in cold water. One manufacturer of

chemiluminescent lights suggested that not all chemiluminescent lights

be prohibited from use on waters where water temperature may drop below

10 deg.C (50 deg.F) since it is possible to develop chemiluminescent

chemistry that would function in colder temperatures.

The Coast Guard agrees and has revised the regulations in

Sec. 108.580(b)(3)(i), 108.580(c)(2)(i), 133.70(b)(4), 133.70(c)(4),

and 199.620(e) to prohibit the use of chemiluminescent lifejacket

lights bearing the approval number 161.012/2/1 on waters where water

temperature may drop below 10 deg.C. This is currently the only

approved light that exhibits the low temperature performance problem.

The Coast Guard will ensure that future approved chemiluminescent

lights that work at temperatures down to the freezing temperature of

seawater will be given a different approval number.

Chemiluminescent lights on MODUs. Two comments recommended limiting

chemiluminescent lights to use on MODUs between 32 deg. latitude N and

S and not basing the prohibition on water temperature.

The Coast Guard agrees with the comment and has revised

Sec. 108.580(b)(3)(i) accordingly. Since MODUs generally work year

round in a single location, this suggestion is acceptable and is

consistent with immersion suit latitude requirements.

Lights for immersion suits. One comment noted that, under Table

199.610(a), ferries in coastwise and Great Lakes services would be

exempt from carrying lifejacket lights for lifejackets, but would not

be exempt from carrying lifejacket lights for the few immersion suits

they are required to carry. The comment suggested that the requirements

should be consistent.

The Coast Guard agrees with the comment and has revised the table

to include a line for Sec. 199.70(c)(4)(i) that is identical to the

line for Sec. 199.70(b)(4)(i) that exempts these vessels from the

requirement.

Retroreflective material. One comment stated that river vessels

should be exempt from the requirement to mark lifesaving equipment with

retroreflective material.

The Coast Guard disagrees. Retroreflective marking on lifesaving

equipment is an extremely simple, reliable, and effective way of

locating objects quickly at night. Unlike lifejacket lights,

retroreflective material poses minimal maintenance and pilferage

problems. No change to the regulation has been made.

Lifebuoys

Lights and smoke signals. One comment stated that it was impossible

to install ring lifebuoys with lights and smoke signals so that they

fall into the water without striking the vessel as required under

Sec. 199.70(a)(1)(v). The comment therefore requested that passenger

vessels on short international voyages and in coastwise service be

exempt from the requirement.

The Coast Guard agrees that it may be difficult to absolutely

prevent the ring lifebuoy with a light and smoke signal attached from

striking the vessel as it falls. However, there are devices available

that allow the ring lifebuoy to roll outboard and fall away from the

[[Page 52809]]

hull. This minimizes the chance that the lifebuoy and its attachments

will contact the hull as they fall.

Stowage requirements. One comment stated that stowage locations for

lifebuoys out in the open are obvious and that there was no need to

mark them as required in Sec. 199.70(a)(1)(iii). Marking would only be

needed if they were stowed in cabinets.

The Coast Guard does not agree with the comment. This had been a

requirement for passenger vessels under subchapter H (Sec. 75.43-

15(a)). Not all stowage arrangements for lifebuoys are obvious. The

primary purpose of marking is to immediately alert personnel if one is

missing.

Other Changes

Lifesaving inspections. One comment suggested removal of the

requirement to conduct lifesaving inspections and tests whenever any

new item is installed. The comment stated that the requirements in

Secs. 107.231(g)(v) and 199.45(c) are misplaced and excessive.

The Coast Guard does not agree. Newly installed equipment needs to

be inspected or tested when it is installed to ensure that it is

operating properly. This has been a regulatory requirement for many

years, and is also in IMO's Recommendation on Testing of Lifesaving

Appliances (IMO resolution A.689(17)).

Design weight of lifeboats. One comment suggested revising

Sec. 107.305(cc) to indicate that only the design weight of each

lifeboat needs to be indicated on the initial submission of plans for

MODUs.

The Coast Guard agrees. At the plan submission stage, only the

design weights, not exact weights, will be known. The section has been

revised accordingly.

Equipment exemptions for MODUs. One comment stated that the

equipment exemptions for MODUs not in international service, which had

been in previous 46 CFR 108.503(e), had not been carried through to the

new regulations.

The Coast Guard compared the table with the previous list of

exemptions and found that one correction was needed in order to make

the table consistent with the previous regulations. Previous

regulations did not require oars in lifeboats and rescue boats. The

requirement for oars in lifeboats and rescue boats on MODUs in other

than international service has been removed from Table 108.575(b).

Survival craft numbering. One comment objected to the survival

craft numbering for MODUs, stating that it was different from the

systems now used on many MODUs. This would lead to unnecessary

renumbering of survival craft and modification of muster lists,

training materials, and markings.

The Coast Guard agrees with the comment and has revised

Sec. 108.646(c) so that a particular numbering system does not need to

be followed. The IMO MODU Code does not prescribe a numbering system.

Length and beam markings. Two comments suggested deletion of the

requirement to mark the length and beam of the lifeboat on the bow of

the boat.

The Coast Guard agrees with the comment and has revised

Secs. 108.645(a)(2) and 199.176(a)(2).

Stowage location markings. One comment stated that the requirement

in Sec. 108.645(a) to mark lifesaving equipment stowage locations with

the symbols in IMO Res. A.760 was unnecessarily prescriptive and should

not be mandatory.

The Coast Guard does not agree with the comment. Since crew and

industrial personnel will often move from one MODU to another, it is

important to have a standardized system of markings for emergency

equipment and procedures. The IMO Res. A.760 markings have been

available for about 10 years and are now a world standard. They are

available from several sources and are already printed in

photoluminescent ink on self-adhesive backings, making them very easy

and economical to use.

Muster list requirements. Two comments recommended a division of

the muster list requirement in Sec. 108.901 into two sections, one

addressing muster lists and the other addressing station bills. The

comments defined a muster list as a list of the persons on board and

their station, and defined the station bill as the listing of emergency

duties of all on board. One of the comments said that it will take time

and money to change the name of the station bill to ``muster list'' on

all units. The comment also stated that the section was far more

detailed than necessary, but did not specify which sections should be

deleted.

The comments may be technically correct, but the Coast Guard has

not made a distinction between ``muster lists'' and ``station bills''

in the past, nor is it made internationally. The Coast Guard

regulations previously addressed both of these purposes under ``station

bill'' and is changing its terminology to the more internationally

accepted ``muster list.'' Accordingly, no revision has been made. Units

may continue to use the term ``station bill'' for the muster list if

they wish. The section does not specify what the title of the muster

list should be. However, the Coast Guard recommends the eventual

changeover to ``muster list'' for consistency with these regulations

and with international terminology.

Reports to the OCMI. Three comments suggested that the OCMI be

notified only in the case of extensive repairs to fire detecting and

extinguishing equipment. For example, replacement of defective sensors

or circuit cards are ``normal'' repairs that should not have to be

reported.

The Coast Guard agrees that there is no reason to report minor

repairs to this equipment and has made the suggested revision to

Sec. 109.425.

Delay in annual servicing. Sections 109.301(g)(1)(ii) and (h)(1)

allow a 5-month delay in the annual servicing of inflatable lifesaving

appliances and hydrostatic release units until the unit's next

scheduled inspection. Two comments suggested revising these paragraphs

to allow the delay until the unit's next scheduled lifesaving equipment

inspection under Sec. 109.301(f).

The Coast Guard does not agree with the comments. SOLAS allows a

delay in servicing of up to five months to coincide with a vessel's

inspection for certification when other items of equipment are often

replaced or repaired. The new IMO Life-Saving Appliances (LSA) Code

becomes effective on July 1, 1998, and allows extensions only when

servicing within the 12-month interval is ``impracticable.'' Since the

lifesaving equipment used on MODUs is built to SOLAS standards, it is

appropriate that the SOLAS servicing requirements apply to this

equipment.

Editorial Revisions

This final rule contains a number of editorial revisions. Many of

these revisions insert missing words, delete extra words, or correct

other small errors. These corrections are not discussed in detail here.

Other editorial revisions include:

(1) Section 28.130(d) of Title 46 requires additional lifesaving

equipment carried aboard uninspected commercial fishing vessels to meet

the installation, arrangement, equipment, and maintenance requirements

contained in 46 CFR part 94. Since the interim rule removed part 94,

this reference has been changed to 46 CFR part 199.

(2) Section 107.231(w) was removed by the interim rule; however,

this paragraph was inadvertently published in the October 1, 1996,

revision of the Code of Federal Regulations. Section

[[Page 52810]]

107.231(w) is removed under this final rule.

(3) Section 108.500(b) requires surface type units to meet the

lifesaving system requirements of subchapter W. The intent of this

paragraph, as made clear in the preamble of the interim rule, was to

require drillships to meet the requirements of subchapter W and not the

requirements for other types of surface units. Therefore, a definition

of ``drillship'' has been added to Sec. 107.111, and the term ``surface

unit'' as it appeared in the interim rule has been changed to

``drillship'' in Sec. 108.500.

(4) Two comments indicated that the reference to ``devices for

protection in launching areas'' in Sec. 109.213(a)(2)(vi) on training

material was not clear. The devices referred to are water spray systems

used to protect aluminum lifeboats or launching appliances. The Coast

Guard agrees with the comments and has revised the section to read as

follows: ``The method and use of water spray systems in launching

areas, where required for the protection of aluminum survival craft or

launching appliances.'' A similar revision has been made to

Sec. 199.180(a)(2)(vi).

(5) Three comments indicated that the meaning of ``detection''

equipment was not clear in Sec. 109.213(a)(2)(ix). Detection means the

determination of the location of survivors or survival craft and is

defined as such in Sec. 199.30, but no similar definition was inserted

in the subchapter I-A definitions in Sec. 107.111. Instead of adding

the definition of detection to Sec. 107.111, the Coast Guard has

revised Sec. 109.213(a)(2)(ix) to include the definition in the text so

that the text will be clearer. A similar revision has been made to

Sec. 199.180(a)(2)(ix). A related revision to clarify the meaning of

``detection equipment'' has been made to Sec. 109.213(g)(7)(v)(G).

(6) Section 133.160(a) has been revised to identify the approval

series for rescue boat launching equipment which were inadvertently

omitted from the interim rule. These are the same approval series

identified for rescue boats in 46 CFR part 199.

(7) One Coast Guard office noted that Table 199.610(a) taken in

conjunction with Sec. 199.610(a) could be confusing. For instance, is a

vessel in lakes, bays and sounds service on a run of more than 30

minutes duration required to have distress signals or not? Section

199.610(a)(2) implies that it is. Table 199.610(a) says it is exempt

from the requirement, which is what was intended. To eliminate such

confusion, Secs. 199.610(a)(1) through (a)(4) have been removed, and

the provisions of those sections have been added to Table 199.610(a).

(8) Section 199.630(c) has been revised to make it clear that SOLAS

B liferafts may be used in ocean service within 50 miles of shore and

in other domestic services. These liferafts are permitted to be used on

passenger vessels engaged in short international voyage service under

Sec. 199.201(a)(2)(ii), and are satisfactory for these domestic

services as well.

(9) Section 199.630(f) has been revised to state that as an

alternative to the survival craft requirements, certain vessels may

have a safety assessment. In the interim rule, the word must was used,

possibly implying that this was not an alternative as intended. All of

the other sections under Sec. 199.630 use the word may so this change

makes Sec. 199.630(f) consistent.

Incorporation by Reference

The Director of the Federal Register has approved the material in

Secs. 108.101, 125.180, and 199.05 for incorporation by reference under

5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available

from the sources listed in these sections.

Assessment

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866. However, due to its nature, it has been

reviewed by the Office of Management and Budget under that order. It

requires an assessment of potential costs and benefits under section

6(a)(3) of that order. It is not significant under the regulatory

policies and procedures of the Department of Transportation (DOT) (44

FR 11040; February 26, 1979).

A final assessment is available in the docket for inspection or

copying where indicated under ``ADDRESSES.'' The Assessment is

summarized as follows.

This rule applies to all U.S. inspected passenger vessels 100 tons

gross tonnage and over, cargo vessels, tankships, manned cargo and tank

barges, oceanographic research vessels, nautical school vessels (with

the exception of sailing school ships), OSVs, and MODUs. Coast Guard

records list 1,030 vessels that do not have SOLAS, MODU, or Special

Purpose Vessel Code certificates (179 passenger vessels, 120 cargo

vessels, 48 tankships, 12 manned barges, 4 oceanographic research

vessels, 8 nautical school vessels, 567 OSVs, and 92 MODUs) that are

currently operating under the U.S. flag, and will be affected by this

rule. Because the regulations in this Final Rule are based on SOLAS,

the IMO MODU Code, and the IMO Special Purpose Vessel Code, vessels

with certificates indicating compliance with these standards will not

be substantially affected by this rule. Therefore vessels with SOLAS,

MODU, or Special Purpose Vessel Code certificates are not included in

the Regulatory Assessment.

Industry Costs

Industry cost for this rule is estimated based on the

implementation cost to vessels constructed before the effective date of

the rule, the implementation cost to new vessels, and the recurring

cost to all vessels for replacement of appliances as they become

unserviceable.

Compliance cost of this rule will total about $56.9 million. The

present value of the costs totals $43.7 million. This reflects a 7

percent discount to 1998 of the projected future estimated costs of

this Interim Rule in accordance with current Office of Management and

Budget guidance. Passenger vessels account for an estimated 80 percent

of total compliance costs, and 86 percent of total recurring costs.

OSVs and MODUs together account for 12 percent; cargo vessels,

tankships and manned barges together account for 5 percent; and

oceanographic research and nautical school vessels account for the

remainder of the costs.

Comments on the Regulatory Assessment for the Interim Rule

Two comments to the IR stated that the statistical estimates and

estimated costs did not justify a ``doubling'' of the lifeboat capacity

on MODUs. MODUs have the lowest projected benefit by factor of 3. The

Coast Guard's past experience in handling MODU casualties has

demonstrated a tendency for lifeboats to be lost or made unavailable

during a casualty. This was confirmed by the inclusion of a requirement

for redundant lifesaving capacity in the 1989 edition of the IMO code

for the construction of MODUs. The Coast Guard has determined that the

IMO MODU Code requirements are appropriate, and has adopted them for

this rule.

One comment disagreed with the cost estimates in the RA. Another

disagreed with the assumption that the number of passenger vessels was

decreasing, and with the assumption that the average number of

passengers carried was 500, feeling that the number should be larger.

The comment did not suggest a particular average number for passenger

vessels nor did it suggest another method to determine the average

number. The Coast Guard has revised the RA, and has considered the

alternative cost estimates and passenger capacity issues. The RA does

not make

[[Page 52811]]

the assumption that the number of passenger vessels is decreasing, as

the comment asserts. Rather it assumes that the annual estimate of new

vessels is directly proportional to the number of vessels that will

retire annually, therefore resulting in a constant vessel population.

The final RA uses the actual number of persons that passenger vessels

are certificated to carry, therefore making the determination of an

average passenger capacity unnecessary.

Two comments suggested withdrawal of Subchapter W on the basis that

the RA did not demonstrate that there was a need for the regulation, in

that no lives had been lost in the entire passenger vessel industry

over the past five years. The comments also alleged that procedural

errors had been made in the development of the rules and that it was

not cost-beneficial.

Two comments challenged the IR Regulatory Assessment as flawed,

with respect to passenger vessels in domestic services and concluded

that the analysis stated that 124 lives had been lost over the past

five years on 161 domestic passenger vessels, when in fact, no lives

had been lost. One of the comments included an extensive analysis of

the Coast Guard's casualty data to support the point. The other comment

objected to having to prepare a safety assessment in order to maintain

the status quo on lifesaving equipment, when the vessel has always

operated safely. The Regulatory Assessment for the IR did not say that

124 lives had been lost over the past 5 years, but that 124 lives were

at risk during that period. However, in response to these concerns the

Regulatory Assessment has been revised for passenger vessels, using a

different methodology which is discussed below.

The Coast Guard agrees that the industry has operated safely over

the years. However, in dealing with large numbers of people using a

statistically small number of vessels, the past safety record cannot

accurately predict a future absence of serious accidents. To address

low probability/high consequence events, a valid risk analysis is

needed, and that is the intent of the safety assessment alternative.

The Coast Guard views the development of a safety assessment as an

important cooperative effort between the operators, the Coast Guard,

and potential responders to make sure that the industry continues to

operate safely.

One comment stated that a particular ferry system had operated in

1996 without a mishap, and that this safety record should be strong

enough to justify no increase in safety equipment. Other comments,

citing a particular operation, stated that there had never been a

serious accident and implied that lifesaving equipment will therefore

not be needed. The Coast Guard has not categorically analyzed 1996 data

for particular ferry systems mishaps, but incidents of groundings,

collisions, loss of power, near-misses and other problems have been

recorded during this period. Although the Coast Guard agrees that these

operations are very safe, they are not risk-free. The challenge is to

determine the level of risk and to require appropriate mitigating

steps. The Coast Guard notes that many domestic passenger vessel

operations have excellent safety records, but that does not obviate the

need to be prepared for serious casualties. A safety assessment may

indeed reveal that one or more alternative lifesaving arrangements

provide an equivalent safety level. The rule allows these alternatives

to be evaluated on an ad hoc basis. The Coast Guard believes the safety

assessment provides industry with the flexibility to justify different

types of lifesaving arrangements.

One comment objected to the requirement in the interim rule for

inflatable buoyant apparatus (IBA) to be carried on a particular gaming

vessel operation, and listed reasons why IBAs were unnecessary and

detailed the high cost of compliance. The Coast Guard believes that

survival craft may not be necessary in this particular operation, as it

was described in the comment letter. The option in Sec. 199.630(f)

allows for the development of a safety assessment, which will be the

appropriate way to justify alternative lifesaving arrangements.

One comment noted that a safety assessment could cost as much as

$10,000 or $20,000, and that this shall be reflected in the RA. The

Coast Guard agrees with the estimate, and has based the RA on a similar

estimate for passenger vessels in lakes, bays and sounds, and in rivers

service.

Some operators commented that much of the expense of meeting the IR

requirements will come from hiring persons to be on board solely for

the purpose of being available to launch and operate the IBA. The Coast

Guard has revised the regulations to provide for the possibility of

reducing some of the cost impact of the additional manning required,

recognizing that some launching and embarkation arrangements might not

require a trained person to be placed in charge of each IBA. These

cost-reducing arrangements are not accounted for in the RA to ensure

that costs are not underestimated.

One comment suggested that revised rules for domestic passenger

vessels not be published without first publishing a supplemental notice

of proposed rulemaking supported by a new RA. The Coast Guard has

revised the RA based on comments to the IR. However, the Coast Guard

does not agree that a supplemental notice of proposed rulemaking will

add any new or useful information. This project began in 1984. There

have been opportunities to comment on an advance notice of proposed

rulemaking, a notice of proposed rulemaking, an interim rule, and

during two public hearings.

Summary of Changes to the Regulatory Analysis That Supports the FR

Passenger Vessels

The changes to costs and benefits in the regulatory analysis

include costs borne by passenger vessels operating on lakes, bays and

sounds, and river routes. The changes reflect modifications made based

on public comments identified above. The following matrix shows

differences between the costs and benefits identified in both the IR

and FR.

------------------------------------------------------------------------

Interim rule Final rule

------------------------------------------------------------------------

Granted certain passenger Requires all passenger

vessels survival craft carriage vessels operating on lakes,

exceptions and required carriage of bays and sounds, and river

Inflatable Buoyant Apparatuses (IBAs) routes to carry IBAs to

to accommodate 100 percent of accommodate 67 percent of the

passengers carried aboard. number of persons on board or

develop a safety management

plan for approval by the OCMI.

Estimated safety plan Estimates safety plan

development costs at $900,000. development costs at $8.2M.

Did not estimate additional Estimates manning

manning costs associated with costs associated with

retrofitting IBAs. retrofitting IBAs at $25.4M

through 2003.

[[Page 52812]]

Employed Coast Guard's Search Employs MSIS vessel

and Rescue Mission Information System records of close calls

rescue cases to assess the number of (groundings, allisions,

lives that were put at risk in collisions, fire/explosion)

capsizings, fires and explosions, and uses anticipated passenger

flooding and sinking and collisions vessel traffic growth as a

over the five year period preceding basis for quantifying risk in

publication of the IR. Used this the future.

number to estimate the number of Estimates a 50 percent

persons likely to be at risk. probability that an incident

will occur between 2004-2013

that will require abandoning

the vessel.

Considers the

probability of an event

occurring in 2004 (1st full

year of effectiveness) or in

2013 (10th full year of

effectiveness) to yield a

benefit range.

Estimated total costs at Estimates passenger

$5.88M \1\ for passenger vessels. vessel (over 100 gt) costs,

manning and equipment,

accumulated through 2004 to be

$45.6M \1\ accumulating to

$109.2M \1\ by 2013. Annual

costs peak at $18.6M ($100,000/

vessel) in 2004 and stabilize

at $13.7M ($74,000/vessel)

thereafter.

Total benefits to passenger Estimates the benefits

vessels (over 100 gt) were estimated of this rule in terms of lives

to range from .8 to 4.8 lives saved or saved to be 155 lives. Dollar

$810,000 \1\ to $2.73M \1\. values for these lives saved

range from a high of $298.4M

\1\ to a low of $162.3M \1\

should a passenger vessel

accident occur in 2004 or 2013

respectively.

Performed a cost-benefit Added a sensitivity

analysis. analysis to the cost-benefit

analysis to portray

alternative scenarios.

------------------------------------------------------------------------

\1\ Totals are in discounted (present value) dollars.

Other Costs and Benefits in the Final RA

Cost and benefit estimates for cargo vessels, tank ships,

manned cargo and tank barges, oceanographic research vessels, nautical

school vessels, and mobile offshore drilling units are the same in both

the IR and FR.

Total costs for these vessels are estimated at $13.7

million.

Total benefits for these vessels are estimated to range

from $2.3 million to $16.9 million.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this Final Rule will have a

significant economic impact on small entities. ``Small entities''

include independently owned and operated small businesses that are not

dominant in their field and that otherwise qualify as ``small business

concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).

``Small entities'' also include not-for-profit organizations and small

governmental jurisdictions.

The interim rule considered small business impact for vessels

privately held by independent companies with less than 500 employees.

It was determined that the FR would affect certain offshore supply

vessels operating primarily in the Gulf of Mexico. About one-half of

the OSV population is owned by 35 vessel owners, each having nine or

fewer OSV's. Information provided by the International Association of

Drilling Contractors and the Passenger Vessel Association, show that

there is one MODU and about 10 percent of subchapter H passenger

vessels that will be given consideration under the Regulatory

Flexibility Act.

Flexibilities offered to vessel operators include a five-year

implementation period for passenger and cargo vessels to comply with

survival craft requirements. Passenger vessels may opt for meeting

survival craft requirements by using the SSMACP alternative.

Additionally, operators required to meet the EPIRB requirement may do

so over a two-year period. Because of these accommodations, the Coast

Guard certifies that this FR will not have a significant economic

impact on a substantial number of small entities.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

offered to assist small entities in understanding the rule so that they

could better evaluate its effects on them and participate in the

rulemaking process.

Collection of Information

Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), The

Office of Management and Budget (OMB) reviews each rule that contains a

collection-of-information requirement to determine whether the

practical value of the information is worth the burden imposed by its

collection. Collection-of-information requirements include reporting,

recordkeeping, notification, and other, similar requirements.

This FR contains collection-of-information requirements. The Coast

Guard has submitted the requirements to OMB for review under section

3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and

OMB has approved them.

The section numbers and the corresponding OMB approval numbers are

as follows:

a. 31.36-1................................ 2115-0071

b. 35.07-10............................... 2115-0071

c. 35.10-1................................ 2115-0071

d. 35.10-5................................ 2115-0576, 2115-0577

e. 35.40-40............................... 2115-0577

f. 70.28-1................................ 2115-0071

g. 78.13-1................................ 2115-0576, 2115-0577

h. 78.17-50............................... 2115-0071

i. 78.37-5................................ 2115-0071

j. 78.47-45............................... 2115-0577

k. 90.27-1................................ 2115-0071

l. 97.13-1................................ 2115-0576, 2115-0577

m. 97.15-35............................... 2115-0071

n. 97.35-5................................ 2115-0071

o. 97.37-42............................... 2115-0577

p. 107.305................................ 2115-0554

q. 108.105................................ 2115-0554

r. 108.645................................ 2115-0577

s. 108.646................................ 2115-0577

t. 108.647................................ 2115-0577

u. 108.649................................ 2115-0577

v. 108.650................................ 2115-0577

w. 108.655................................ 2115-0577

x. 108.901................................ 2115-0557

y. 109.213................................ 2115-0071

z. 109.301................................ 2115-0071

aa. 109.323............................... 2115-0576, 2115-0557

ab. 109.425............................... 2115-0007

ac. 109.433............................... 2115-0071

ad. 133.40................................ 2115-0554

ae. 133.70................................ 2115-0577

af. 133.80................................ 2115-0577

ag. 133.90................................ 2115-0577

ah. 167.55-5.............................. 2115-0577

ai. 167.65-1.............................. 2115-0071

aj. 188.27-1.............................. 2115-0071

ak. 195.06-1.............................. 2115-0071

al. 196.13-1.............................. 2115-0576, 2115-0577

am. 196.15-35............................. 2115-0071

an. 196.35-5.............................. 2115-0071

ao. 196.37-37............................. 2115-0577

ap. 199.10................................ 2115-0007

aq. 199.40................................ 2115-0554

ar. 199.60................................ 2115-0577

[[Page 52813]]

as. 199.70................................ 2115-0577

at. 199.80................................ 2115-0577

au. 199.90................................ 2115-0577

av. 199.100............................... 2115-0576, 2115-0577

aw. 199.175............................... 2115-0577

ax. 199.176............................... 2115-0577

ay. 199.178............................... 2115-0577

az. 199.180............................... 2115-0071, 2115-0577

ba. 199.190............................... 2115-0071

bb. 199.217............................... 2115-0577

bc. 199.640............................... 2115-0577

Persons are not required to respond to a collection of information

unless it displays a currently valid OMB control number.

Federalism

The Coast Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612. Because of the minimal

estimated cost to State and local governments, the Coast Guard believes

that preparation of a Federalism Assessment is not warranted.

The United States Coast Guard has historically inspected vessels

for their compliance with Federal regulations and international

standards to which the United States is a party that address the safety

of vessels and protection of life and property at sea and on waters

over which the United States exercises jurisdiction. Many of these

regulations implement the provisions of the International Convention

for the Safety of Life at Sea, 1974, (SOLAS) as amended, to which the

United States is a party. As a party to the convention, the United

States has agreed to implement its provisions for vessels flying the

flag of the United States and to apply these provisions to foreign

vessels in accordance with the enforcement regime established within

the Convention. In addition, the certificates of inspection and SOLAS

certificates issued to vessels by the United States Coast Guard as a

result of the comprehensive inspection program of which these

regulations are a part indicates that the vessels are safe for the

service in which they are engaged. Actions by state and local

governments that seek to impose different standards than those imposed

by these regulations would frustrate the desire of Congress to impose

uniform, international and national standards relating to the

lifesaving equipment and systems for vessels subject to inspection

under Subtitle II of Title 46, U.S. Code. For these reasons, it is the

Coast Guard's opinion that the Supremacy Clause of the Constitution

would preempt state and local regulations that seek to impose different

or higher standards than those established in these regulations.

Unfunded Mandates

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.

L. 104-4, 109 Stat. 48, requires Federal agencies to assess the effects

of certain regulatory actions on State, local, and tribal governments,

and the private sector. UMRA requires a written statement of economic

and regulatory alternatives for proposed and final rules that contain

Federal mandates. A ``Federal mandate,'' is a new or additional

enforceable duty, imposed on any State, local or tribal government, or

the private sector. If any Federal mandate causes those entities, to

spend, in the aggregate, $100 million or more in any one year the UMRA

analysis is required.

Much of the information required in a budgetary impact statement is

in the final regulatory assessment for this rule. State and local

governments account for about 42 percent of the 157 passenger vessels

that will require additional survival craft. The total first-year cost

to public vessels will be $185,677 in current dollars. Other costs to

public vessels, implemented between 2000 and 2003, total $17.2 million

in current dollars. Total annual recurring costs to public vessels are

$5.8 million in current dollars in 2004, and decrease annually

thereafter on a present value dollar basis.

The UMRA analysis is not required because this rule results in an

expenditure of less than $100 million per year by State, local, or

tribal governments, or the private sector.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under Figure 2-1(34) of Commandant Instruction

M16475.lC, this rule is categorically excluded from further

environmental documentation. This rule enhances the safety and

survivability of personnel at sea, as well as improves the

effectiveness of search and rescue. It is expected to have no

environmental impact. A Categorical Exclusion Determination is

available in the docket for inspection or copying where indicated under

ADDRESSES.

List of Subjects

46 CFR Part 28

Fire prevention, Fishing vessels, Marine safety, Occupational

safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 107

Marine safety, Oil and gas exploration, Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 108

Fire prevention, Incorporation by reference, Marine safety,

Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR Part 109

Marine safety, Occupational safety and health, Oil and gas

exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 133

Marine safety, Occupational safety and health, Oil and gas

exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 168

Occupational safety and health, Schools, Seamen, Vessels.

46 CFR Part 199

Cargo vessels, Incorporation by reference, Marine safety, Oil and

gas exploration, Passenger vessels, Reporting and recordkeeping

requirements, Vessels.

For the reasons discussed in the preamble, part 28 is amended and

the Interim Rule amending 46 CFR chapter I which was published at 61 FR

25272 on May 20, 1996, is adopted as final with the following changes

to parts 107, 108, 109, 133, and 199:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

1. The authority citation for part 28 continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505, 4506 6104, 10603; 49 CFR

1.46.

Sec. 28.130 [Amended]

2. In Sec. 28.130(d), remove the phrase ``46 CFR part 94'' and add,

in its place, the phrase ``46 CFR part 199''.

PART 107--INSPECTION AND CERTIFICATION

3. The authority citation for part 107 is revised to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; 46 U.S.C. 3316; 49

CFR 1.45, 1.46; Sec. 107.05 also issued under the authority of 44

U.S.C. 3507.

4. In Sec. 107.111, add definitions in alphabetical order, for

``drillship'' and ``widely-separated locations'' to read as follows:

[[Page 52814]]

Sec. 107.111 Definitions.

* * * * *

Drillship means a surface type unit with a single shipshape

displacement hull.

* * * * *

Widely-separated locations as the term applies to the location of

lifeboats on self-elevating units, means locations on different sides

or ends of the unit separated by sufficient distance or structure to

protect the lifeboats in one location from a fire or explosion

occurring at or near the lifeboats in another location on the unit.

Locations across from each other at the apex of a unit with a

triangular deck are not widely-separated locations unless there is a

substantial solid structure between them.

Sec. 107.231 [Amended]

5. In Sec. 107.231 remove paragraph(w).

6. In Sec. 107.305 revise paragraph(cc) to read as follows:

Sec. 107.305 Plans and information.

* * * * *

(cc) The design weight of each lifeboat, rescue boat, and davit-

launched liferaft when fully equipped and loaded.

* * * * *

PART 108--DESIGN AND EQUIPMENT

7. The authority citation for part 108 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.

8. In Sec. 108.500 revise paragraphs (a) and (b) to read as

follows:

Sec. 108.500 General.

(a) Each unit, other than a drillship, must meet the requirements

in this subpart.

(b) Each drillship must meet the lifesaving system requirements in

subchapter W of this chapter for a tank vessel certificated to carry

cargoes that have a flash point less than 60 deg. C as determined under

ASTM D-93-94.

* * * * *

9. In Sec. 108.540 revise paragraphs (h)(3) and (h)(4) to read as

follows:

Sec. 108.540 Survival craft muster and embarkation arrangements.

* * * * *

(h) * * *

(3) If the embarkation ladders cannot be supported against a

vertical flat surface, the unit must instead be provided with at least

two widely-separated fixed metal ladders or stairways extending from

the deck to the surface of the water and meet the following:

(i) Each inclined fixed ladder must meet the requirements under

Sec. 108.159.

(ii) Each vertical fixed ladder must meet the requirements under

Sec. 108.160 for fixed ladders, except that the vertical bars in cages

must be open at least 500 millimeters (20 inches) on one side

throughout the length of the ladder, and cages are not required in the

area subject to wave action or on ladders inside the legs of a self-

elevating unit.

(iii) If a fixed ladder cannot be installed, the OCMI may accept an

alternate means of embarkation with sufficient capacity for all persons

permitted on board to safely descend to the waterline.

(4) Alternate means of embarkation under paragraphs (h)(1)(ii) and

(h)(3) of this section, such as portable slides, safety booms, moveable

ladders, elevators, and controlled descent devices, must be acceptable

to the OCMI. An alternate means of embarkation must have sufficient

capacity to permit persons to safely descend to the waterline at a rate

comparable to the device which the alternate means of embarkation

replaces.

10. In Sec. 108.565 revise paragraph (a)(3) to read as follows:

Sec. 108.565 Stowage of rescue boats.

(a) * * *

(3) Each rescue boat must be stowed in a way that neither the

rescue boat nor its stowage arrangements will interfere with the

operation of any survival craft at any other launching station.

* * * * *

Sec. 108.570 [Amended]

11. In Sec. 108.570, in paragraph (c)(1), remove the number

``Sec. 108.510'' and add, in its place, the number ``Sec. 108.540'.

12. In Sec. 108.575, revise entries 20 and 38 of Table 108.575(b)

to read as follows:

Sec. 108.575 Survival craft and rescue boat equipment.

* * * * *

Table 108.575(b)--Survival Craft Equipment

----------------------------------------------------------------------------------------------------------------

International service Other than international service

-----------------------------------------------------------------------------

Item No. Item Rigid Rigid

Lifeboat liferaft Rescue boat Lifeboat liferaft Rescue boat

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

20............. Oars (units) \5\ 1 1

\6\.

Paddles.......... 2 2

* * * * * *

*

38............. Tool Kit......... 1 1

----------------------------------------------------------------------------------------------------------------

* * * * *

13. In Sec. 108.580 revise paragraphs (b)(3)(i) and (c)(2)(i) to

read as follows:

Sec. 108.580 Personal lifesaving appliances.

* * * * *

(b) * * *

(3) * * *

(i) Each lifejacket must have a lifejacket light approved under

approval series 161.112 securely attached to the front shoulder area of

the lifejacket. On a unit not in international service, a light

approved under approval series 161.012 may be used. However, lifejacket

lights bearing Coast Guard approval number 161.012/2/1 are not

permitted unless the unit is certificated to operate only on waters

between 32 deg. N and 32 deg. S latitude.

* * * * *

(c) * * *

(2) * * *

(i) Each immersion suit or anti-exposure suit must have a

lifejacket light approved under approval series 161.112 securely

attached to the front shoulder area of the immersion suit or anti-

exposure suit. On a unit not in international service, a light approved

under approval series 161.012 may be used. However, lifejacket lights

bearing Coast Guard approval number 161.012/2/1 are not permitted on

units certificated to operate on waters where

[[Page 52815]]

water temperature may drop below 10 deg. C (50 deg. F).

* * * * *

14. In Sec. 108.645 revise paragraphs (a)(1)(ii), (a)(2), and

(b)(2) to read as follows:

Sec. 108.645 Markings on lifesaving appliances.

(a) * * *

(1) * * *

(ii) The name of the port required to be marked on the unit to meet

the requirements of subpart 67.123 of this chapter.

(2) The number of persons the boat is equipped for, which may not

exceed the number shown on its nameplate, must be clearly marked in

permanent characters.

* * * * *

(b) * * *

(2) The name of the port required to be marked on the unit to meet

the requirements of subpart 67.123 of this chapter.

* * * * *

15. In Sec. 108.646 revise paragraph (c) to read as follows:

Sec. 108.646 Marking of stowage locations.

* * * * *

(c) Survival craft should be numbered.

15. In Sec. 108.649, revise paragraphs(b), (c), (e)(1), and (g) to

read as follows:

Sec. 108.649 Lifejackets, immersion suits, and lifebuoys.

* * * * *

(b) The stowage positions for lifejackets, other than lifejackets

stowed in staterooms, must be marked with either the word

``LIFEJACKET'' or with the appropriate symbol from IMO Resolution

A.760(18).

(c) Each immersion suit or anti-exposure suit must be marked to

identify the person or unit to which it belongs.

* * * * *

(e) * * *

(1) In block capital letters with the unit's name and with the name

of the port required to be marked on the unit under subpart 67.123 of

this chapter; and

* * * * *

(g) Each lifejacket, immersion suit, and anti-exposure suit

container must be marked in block capital letters and numbers with the

minimum quantity, identity, and if sizes other than adult or universal

sizes are used on the unit, the size of the equipment stowed inside the

container. The equipment may be identified in words or with the

appropriate symbol from IMO Resolution A.760(18).

17. In Sec. 108.901 revise paragraphs (b) introductory text, (b)(6)

introductory text, (b)(6)(ix), (b)(6)(x), (b)(7) introductory text, and

(c) introductory text, to read as follows:

Sec. 108.901 Muster list and emergency instructions.

* * * * *

(b) Muster list. Copies of the muster list must be posted in

conspicuous places throughout the unit including on the navigating

bridge, in the control room, and in accommodation spaces. The muster

list must be posted at all times while the unit is in service. After

the muster list has been prepared, if any change takes place that

necessitates an alteration in the muster list, the person in charge

must either revise the muster list or prepare a new one. Muster lists

must provide the following information:

* * * * *

(6) The muster list must specify the duties assigned to the

different industrial personnel and members of the crew that include--

* * * * *

(ix) Cover the duties of the crew and industrial personnel in case

of collisions or other serious casualties; and

(x) Cover the duties of the crew and industrial personnel in case

of severe storms.

(7) Each muster list must specify the duties assigned to industrial

personnel and members of the crew in relation to visitors and other

persons on board in case of an emergency that include--

* * * * *

(c) Emergency instructions. Illustrations and instructions in

English and any other appropriate language, as determined by the OCMI,

must be posted in each cabin used for persons who are not members of

the crew or industrial personnel. They must be conspicuously displayed

at each muster station and in other accommodation spaces to inform

personnel of--

* * * * *

PART 109--OPERATIONS

18. The authority citation for part 109 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; 49 CFR

1.46.

19. In Sec. 109.213 revise paragraphs (a)(2)(vi), (a)(2)(ix), (b),

(c)(2), (d)(5), (d)(7), (f)(2)(vii), (g)(7)(v)(G) and (h)(1)(iv) to

read as follows:

Sec. 109.213 Emergency training and drills.

(a) * * *

(2) * * *

(vi) The method and use of water spray systems in launching areas

when required for the protection of aluminum survival craft or

launching appliances;

* * * * *

(ix) The use of all detection equipment for the location of

survivors or survival craft;

* * * * *

(b) Familiarity with emergency procedures. Each of the crew members

and industrial personnel with assigned emergency duties on the muster

list must be familiar with their assigned duties before working on the

unit.

(c) * * *

(2) Each of the crew members and industrial personnel must

participate in at least one abandonment drill and one fire drill every

month. Drills must take place within 24 hours of a change in crew or

industrial personnel if more than 25 percent of the persons on board

have not participated in an abandonment and fire drills on board the

unit in the previous month.

* * * * *

(d) * * *

(5) If a unit is fitted with marine evacuation systems, drills must

include an exercising of the procedures required for the deployment of

such a system up to the point immediately preceding actual deployment

of the system. This aspect of drills should be augmented by regular

instruction using the on board training aids. Additionally, members of

the crew or industrial personnel assigned to duties involving the

marine evacuation system must be further trained by participation in a

full deployment of a similar system into water, either on board a unit

or ashore, at intervals normally not longer than 2 years, but in no

case longer than 3 years.

* * * * *

(7) On a unit carrying immersion suits or anti-exposure suits,

immersion suits or anti-exposure suits must be worn by crew members and

industrial personnel in at least one abandonment drill in any three-

month period. If wearing the suit is impracticable due to warm weather,

the crew members must be instructed on its donning and use.

* * * * *

(f) * * *

(2) * * *

(vii) Simulated operation of remote controls for stopping

ventilation and fuel supplies to machinery spaces.

* * * * *

(g) * * *

(7) * * *

(v) * * *

(G) Operating equipment provided to aid in the detection of the

survival craft by others, including radio distress

[[Page 52816]]

alerting and radio emergency procedures; and

* * * * *

(h) * * *

(1) * * *

(iv) Logbook entries must identify crew members and industrial

personnel participating in drills or training sessions.

* * * * *

20. In Sec. 109.301 revise paragraphs (d)(2) and (g)(4) to read as

follows:

Sec. 109.301 Operational readiness, maintenance, and inspection of

lifesaving equipment.

* * * * *

(d) * * *

(2) Each lifeboat engine and rescue boat engine must be run ahead

and astern for a total of not less than 3 minutes, unless the ambient

air temperature is below the minimum temperature required for starting

the engine. During this time, demonstrations should indicate that the

gear box and gear box train are engaging satisfactorily. If the special

characteristics of an outboard motor fitted to a rescue boat would not

allow the outboard motor to be run other than with its propeller

submerged for a period of 3 minutes, the outboard motor should be run

for such period as prescribed in the manufacturer's handbook.

* * * * *

(g) * * *

(4) Each inflated rescue boat must be repaired and maintained in

accordance with the manufacturer's instructions. All repairs to

inflated chambers must be made at a servicing facility approved by the

Commandant, except for emergency repairs carried out on board the unit.

* * * * *

21. Revise Sec. 109.425 to read as follows:

Sec. 109.425 Repairs and alterations: Fire detecting and extinguishing

equipment.

(a) Before making repairs or alterations, except for routine

maintenance, minor repairs, or emergency repairs or alterations to fire

detecting and extinguishing equipment, the master or person in charge

must report the nature of the repairs or alterations to the OCMI.

(b) When emergency repairs or alterations, other than minor

emergency repairs, have been made to fire-detecting or fire-

extinguishing equipment, the master or person in charge must report the

nature of the repairs or alterations to the OCMI.

PART 133--LIFESAVING SYSTEMS

22. The authority citation for part 133 continues to read as

follows:

Authority: 46 U.S.C. 3306; 46 CFR 1.46.

23. In Sec. 133.70 revise paragraphs (a)(3)(ii), (b)(4), (c)(3) and

(c)(4) to read as follows:

Sec. 133.70 Personal lifesaving appliances.

(a) * * *

(3) * * *

(ii) Each lifebuoy must be marked in block capital letters with the

name of the OSV and the name of the port required to be marked on the

stern of the OSV under subpart 67.123 of this chapter.

* * * * *

(b) * * *

(4) Lifejacket lights. Each lifejacket must have a lifejacket light

approved under approval series 161.112 or 161.012 securely attached to

the front shoulder area of the lifejacket. However, lifejacket lights

bearing Coast Guard approval number 161.012/2/1 are not permitted on

OSVs certificated to operate on waters where water temperature may drop

below 10 deg. C (50 deg. F).

* * * * *

(c) * * *

(3) Markings. Each immersion suit or anti-exposure suit must be

marked in such a way as to identify the person or OSV to which it

belongs.

(4) Lights for immersion suits or anti-exposure suits. Each

immersion suit or anti-exposure suit must have a lifejacket light

approved under approval series 161.112 or 161.012 securely attached to

the front shoulder area of the immersion suit or anti-exposure suit.

However, lifejacket lights bearing Coast Guard approval number 161.012/

2/1 are not permitted on OSVs certificated to operate on waters where

water temperature may drop below 10 deg. C (50 deg. F).

* * * * *

24. In Sec. 133.130 revise paragraph (a)(2) to read as follows:

Sec. 133.130 Stowage of survival craft.

(a) * * *

(1) * * *

(2) Each survival craft must be stowed in a way that neither the

survival craft nor its stowage arrangements will interfere with the

embarkation and operation of any other survival craft or rescue boat at

any other launching station.

* * * * *

25. In Sec. 133.150 revise paragraph (c)(6) to read as follows:

Sec. 133.150 Survival craft launching and recovery arrangements:

General.

* * * * *

(c) * * *

(6) Liferafts installed on liftboats.

* * * * *

26. In Sec. 133.160 revise paragraph (a) to read as follows:

Sec. 133.160 Rescue boat embarkation, launching and recovery

arrangements.

(a) Each davit for a rescue boat must be approved under approval

series 160.132 with a winch approved under approval series 160.115. If

the launching arrangement uses a single fall, the davit may be of a

type which is turned out manually, and the release mechanism may be an

automatic disengaging apparatus approved under approval series 160.170

instead of a lifeboat release mechanism. Each rescue boat must be able

to be boarded and launched directly from the stowed position with the

number of persons assigned to crew the rescue boat on board. If the

rescue boat is also a lifeboat and the other lifeboats are boarded and

launched from an embarkation deck, the arrangements must be such that

the rescue boat can also be boarded and launched from the embarkation

deck.

* * * * *

PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS

27. The authority citation for part 168 continues to read as

follows:

Authority: 46 U.S.C. 3305; 3306; 46 CFR 1.46.

Sec. 168.05 [Amended]

28. In Sec. 168.05-5 remove the word ``Accommadations'' and add, in

its place, the word ``Accommodations'.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

29. The authority citation for part 199 continues to read as

follows:

Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.

30. In Sec. 199.03 revise paragraphs (b)(9) and (b)(10) to read as

follows:

Sec. 199.03 Relationship to international standards.

* * * * *

(b) * * *

(9) The requirements for guarding of falls in Secs. 199.153 (e) and

(g) must be met.

(10) The winch drum requirements described in Sec. 199.153(f) must

be met for all survival craft winches, including multiple drum winches.

* * * * *

[[Page 52817]]

31. Revise Sec. 199.10 to read as follows:

Sec. 199.10 Applicability.

(a) General. Unless expressly provided otherwise in this Chapter,

this part applies to all vessels inspected under U.S. law as set out in

Table 199.10(a).

Table 199.10(a).--Lifesaving Requirements for Inspected Vessels.

--------------------------------------------------------------------------------------------------------------------------------------------------------

46 CFR Subchapter W Subparts applicable \1\

------------------------------ Vessel Type Vessel Service ------------------------------------------------------------------------ Other \2\

Subchapter A B C D E F

--------------------------------------------------------------------------------------------------------------------------------------------------------

D............................ Tank > 500 tons. International X X .......... X

voyage \3\.

D............................ Tank > 500 tons. International X X .......... X X X

voyage \3\.

D............................ Tank............ All other X X .......... X X X

services.

H............................ Passenger....... International X X X X

voyage \3\.

H............................ Passenger....... Short Inter'l X X X

voyage \3\.

H............................ Passenger....... All other X X X .......... X

services.

I............................ Cargo > 500 tons International X X .......... X

voyage \3\.

I............................ Cargo 1< 500 International X X .......... X X

tons. voyage \3\.

I............................ Cargo........... All other X X .......... X X X

services.

I-A.......................... MODU............ All............. .......... .......... .......... .......... .......... .......... 46 CFR 108

K............................ Small Passenger. International X X X

voyage \3\.

K............................ Small Passenger. Short Inter'l X X X

voyage \3\.

K............................ Small Passenger. All other .......... .......... .......... .......... .......... .......... 46 CFR 117

services.

L............................ Offshore Supply. All............. .......... .......... .......... .......... .......... .......... 46 CFR 133

R--Part 167.................. Public Nautical International X X X \4\ X \5\

School. voyage \3\.

R--Part 167.................. Public Nautical All other X X X \4\ X \5\ X X

School. services.

R--Part 168.................. Civilian International X X X \4\ X \5\ ..........

Nautical School. voyage \3\.

R--Part 168.................. Civilian All other X X X \4\ X \5\ X X

Nautical School. services.

R--Part 169.................. Sailing School.. All services.... .......... .......... .......... .......... .......... .......... 46 CFR

169.500

T............................ Small Passenger. International X X X

voyage \3\.

T............................ Small Passenger. Short Int'l X X X

voyage \3\.

T............................ Small Passenger. All other .......... .......... .......... .......... .......... .......... 46 CFR 180

services.

U............................ Oceanographic International X X X \4\ X \5\

Res.. voyage \3\.

U............................ Oceanographic All other X X X \4\ X \5\ X X

Res.. services.

--------------------------------------------------------------------------------------------------------------------------------------------------------

Notes:

\1\ Subchapter W does not apply to inspected nonself-propelled vessels without accommodations or work stations on board.

\2\ Indicates section where primary lifesaving system requirements are located. Other regulations may also apply.

\3\ Not including vessels solely navigating the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap

des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian.

\4\ Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the

structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

\5\ Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this

chapter for passenger vessels of the same size.

(b) Inspected vessels not covered under this subchapter. This part

does not apply to non-self-propelled vessels without accommodations or

work stations on board. Unless otherwise required by this chapter, it

does not apply to offshore supply vessels; mobile offshore drilling

units; small passenger vessels; and sailing school vessels.

(c) Conversion of cargo vessel to passenger vessel. For purposes of

the application of this part, a cargo vessel, whenever constructed,

which is converted to a passenger vessel is deemed to be a passenger

vessel that is constructed on the date on which the conversion

commences.

(d) Vessels on international voyages. This subpart and subparts B,

C, and D of this part apply to vessels engaged on international

voyages, except--

(1) Cargo vessels of less than 500 tons gross tonnage;

(2) Vessels not propelled by mechanical means;

[[Page 52818]]

(3) Wooden vessels of primitive build; and

(4) Vessels solely navigating the Great Lakes of North America and

the River Saint Lawrence as far east as a straight line drawn from Cap

des Rosiers to West Point, Anticosti Island, and on the north side

Anticosti Island, the 63rd meridian.

(5) Tank vessels constructed before October 1, 1996 engaged in

voyages between the continental United States and Alaska or Hawaii, and

all other vessels engaged on international voyages which were

constructed before July 1, 1986, must meet the requirements of

Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190

(paragraph (b) applies as much as practicable), 199.214, 199.217,

199.250, 199.261 (b)(2) and (e), and 199.273, and must fit retro-

reflective material on all floating appliances, lifejackets and

immersion suits. Except for the requirements of Secs. 199.261 (b)(2)

and (e), vessels may retain the number, type, and arrangement of

lifesaving appliances previously required and approved for the vessel

as long as the arrangement or appliance is maintained in good condition

to the satisfaction of the OCMI.

(e) Passenger vessels. For the purposes of this part, the following

vessels must meet the requirements for passenger vessels:

(1) Passenger vessels.

(2) Special purpose vessels carrying more than 50 special

personnel.

(3) Special purpose vessels carrying not more than 50 special

personnel if the vessels meet the structural fire protection

requirements in subchapter H of this chapter for passenger vessels of

the same size.

(f) Cargo vessels. For the purposes of this part, the following

vessels must meet the requirements for cargo vessels:

(1) Cargo vessels.

(2) Tank vessels.

(3) Special purpose vessels carrying not more than 50 special

personnel that do not meet the structural fire protection requirements

in subchapter H of this chapter for passenger vessels of the same size.

(g) Subparts applying to vessels on international and short

international voyages. (1) Passenger vessels on international voyages

must meet the requirements of this subpart and subparts B and C of this

part.

(2) Cargo vessels on international voyages must meet the

requirements of this subpart and subparts B and D of this part.

(3) The provisions for passenger vessels on short international

voyages in this subpart and subparts B and C of this part do not apply

to special purpose vessels described in paragraphs (f)(2) and (3) of

this section.

(h) Vessels not subject to SOLAS. Vessels not on international

voyages and vessels listed in paragraph (d) of this section must meet

the requirements of this subpart and subparts B, C, D, and E of this

part unless otherwise exempted or permitted by subpart F of this part.

(1) Vessels on other than international voyages and vessels listed

in paragraph (d) of this section which were constructed prior to

October 1, 1996, must--

(i) By October 1, 1999, meet the requirements of

Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190

(paragraph (b) applies as much as practicable), 199.217, 199.250,

199.273, and 199.510, and fit retroreflective material on all floating

appliances, lifejackets, and immersion suits;

(ii) By October 1, 2003, passenger vessels must carry the number

and type of survival craft specified in table 199.630 of this part and

cargo vessels in oceans and coastwise service must carry the number and

type of survival craft specified in Sec. 199.261(b)(2) and (e);

(iii) By October 1, 2003, passenger vessels must carry the

immersion suits and thermal protective aids specified in Sec. 199.214;

and

(iv) Except for the requirements in paragraphs (i)(1)(ii) and

(i)(1)(iii) of this section, vessels may retain the number, type, and

arrangement of lifesaving equipment, including lifeboats, lifeboat

davits, winches, inflatable liferafts, liferaft launching equipment,

rescue boats, lifefloats, and buoyant apparatus previously required and

approved for the vessel as long as the arrangement or appliance is

maintained in good condition to the satisfaction of the OCMI.

(2) This paragraph does not apply to public vessels.

(i) New lifesaving appliances or arrangements. When any lifesaving

appliance or arrangement on a vessel subject to this part is replaced,

or when the vessel undergoes repairs, alterations, or modifications of

a major character involving replacement of, or any addition to, the

existing lifesaving appliance or arrangements, each new lifesaving

appliance and arrangement must meet the requirements of this part,

unless the OCMI determines that the vessel cannot accommodate the new

appliance or arrangement, except that--

(1) A survival craft is not required to meet the requirements of

this part if it is replaced without replacing its davit and winch; and

(2) A davit and its winch are not required to meet the requirements

of this part if one or both are replaced without replacing the survival

craft.

(j) Repairs and alterations to lifesaving appliances. No extensive

repairs or alterations, except in an emergency, may be made to a

lifesaving appliance without advance notification to the OCMI. Insofar

as possible, each repair or alteration must be made with material, and

tested in the manner, specified in this subchapter and applicable to

the new construction requirements in subchapter Q of this chapter.

Emergency repairs or alterations must be reported as soon as

practicable to the OCMI responsible for the port or location where the

vessel may call after such repairs are made. Lifeboats, rescue boats,

or rigid liferafts may not be reconditioned for use on a vessel other

than the one they were originally built for, unless specifically

accepted by the OCMI.

(k) Vessels reflagged under Sec. 1137, Coast Guard Authorization

Act of 1996. Vessels that qualify for a certificate of inspection under

the provisions of section 1137, Coast Guard Authorization Act of 1996,

Public Law 104-324, 110 Stat. 3988 (46 U.S.C.A. app. 1187, Note), are

not subject to the requirements of this part if such vessels meet

lifesaving equipment standards required under section 1137 as

determined by the Commandant.

32. Amend Sec. 199.70 as follows:

a. Remove and reserve paragraph (b)(2)(ii); and

b. Revise paragraphs (a)(2) and (c)(3) to read as follows;

Sec. 199.70 Personal lifesaving appliances.

(a) * * *

(2) Markings. Each lifebuoy must be marked in block capital letters

with the name of the vessel and the name of the port required to be

marked on the stern of the vessel under Secs. 67.123 of part 67 of this

chapter.

* * * * *

(c) * * *

(3) Markings. Each immersion suit or anti-exposure suit must be

marked in such a way as to identify the person or vessel to which it

belongs.

* * * * *

33. In Sec. 199.80 revise paragraph (b)(4) to read as follows:

Sec. 199.80 Muster list and emergency instructions.

* * * * *

(b) * * *

(4) How the order to abandon the vessel will be given;

* * * * *

34. In Sec. 199.100 revise paragraph (f) to read as follows:

[[Page 52819]]

Sec. 199.100 Manning of survival craft and supervision.

* * * * *

(f) The master must make sure that the persons required under

paragraphs (a), (b), (c), and (d) of this section are equitably

distributed among the vessel's survival craft.

Sec. 199.110 [Amended]

35. In Sec. 199.110, in the first sentence of paragraph (f)(4),

remove the word ``man'' and add, in its place, the word ``may''.

36. In Sec. 199.140 revise paragraph (a)(1) to read as follows:

Sec. 199.140 Stowage of rescue boats.

(a) * * *

(1) To be ready for launching in not more than 5 minutes;

* * * * *

37. Amend Sec. 199.153 as follows:

a. In paragraph (h)(1) remove the word ``actula'' and add, in its

place, the word ``actual'';

b. In paragraph (h)(2) remove the word ``thee'' and add, in its

place, the word ``the'';

c. In paragraph (i) remove the phrase ``paragraph (g)'' and add, in

its place, the phrase ``paragraph (h)''; and

d. Revise paragraph (f) to read as follows:

Sec. 199.153 Survival craft launching and recovery arrangements using

falls and a winch.

* * * * *

(f) Each winch drum must be arranged so the fall wire winds onto

the drum in one or more level wraps. A multiple drum winch must be

arranged so that the falls wind off at the same rate when lowering and

onto the drums at the same rate when hoisting.

* * * * *

38. In Sec. 199.175 revise paragraph (b)(21)(i)(B) to read as

follows:

Sec. 199.175 Survival craft and rescue boat equipment.

(b) * * *

(21) * * *

(i) * * *

(B) The painter for a lifeboat and each painter for a rescue boat

must be of a length that is at least twice the distance from the

stowage position of the boat to the waterline with the vessel in its

lightest seagoing condition, or must be 15 meters (50 feet) long,

whichever is the greater.

* * * * *

39. In Sec. 199.176 revise paragraphs (a)(1)(ii), (a)(2) and (b)(2)

to read as follows:

Sec. 199.176 Markings on lifesaving appliances.

(a) * * *

(1) * * *

(ii) The name of the port required to be marked on the stern of the

vessel to meet the requirements of subpart 67.123 of this chapter.

(2) The number of persons for which the boat is equipped must be

clearly marked, preferably on the bow, in permanent characters. The

number of persons for which the boat is equipped must not exceed the

number of persons shown on its nameplate.

* * * * *

(b) * * *

(2) The name of the port required to be marked on the stern of the

vessel to meet the requirements of Sec. 67.123 of this chapter must be

marked on each rigid liferaft.

40. In Sec. 199.180 revise paragraphs (a)(2)(vi), (a)(2)(ix),

(d)(11), and (f)(2)(i) to read as follows:

Sec. 199.180 Emergency training and drills.

(a) * * *

(2) * * *

(vi) The method and use of water spray systems in launching areas

when such systems are required for the protection of aluminum survival

craft or launching appliances;

* * * * *

(ix) The use of all detection equipment for the location of

survivors or survival craft;

(d) * * *

(11) If a vessel carries immersion suits or anti-exposure suits,

the suits must be worn by crewmembers in at least one abandon ship

drill in any three-month period. If wearing the suits is impracticable

due to warm weather, the crewmembers must be instructed on their

donning and use.

* * * * *

(f) * * *

(2) * * *

(i) Reporting to stations and preparing for the duties described in

the muster list for the particular fire emergency being simulated;

* * * * *

41. In Sec. 199.190 revise paragraphs (d)(2) and (g)(4) to read as

follows:

Sec. 199.190 Operational readiness, maintenance, and inspection of

lifesaving equipment

* * * * *

(d) * * *

(2) Each lifeboat engine and rescue boat engine must be run ahead

and astern for a total of not less than 3 minutes unless the ambient

temperature is below the minimum temperature required for starting the

engine. During this time, demonstrations should indicate that the gear

box and gear box train are engaging satisfactorily. If the special

characteristics of an outboard motor fitted to a rescue boat would not

allow the outboard motor to be run other than with its propeller

submerged for a period of 3 minutes, the outboard motor should be run

for such period as prescribed in the manufacturer's handbook.

* * * * *

(g) * * *

(4) Each inflated rescue boat must be repaired and maintained in

accordance with the manufacturer's instructions. All repairs to

inflated chambers must be made at a servicing facility approved by the

Commandant, except for emergency repairs carried out on board the

vessel.

* * * * *

42. In Sec. 199.610, revise paragraph (a) and Table 199.610(a) to

read as follows:

Sec. 199.610 Exemptions for vessels in specified services.

(a) All vessels. Vessels operating in coastwise, Great Lakes,

lakes, bays and sounds, and rivers services are exempt from

requirements in subparts A through E of this part as specified in table

199.610(a) of this section.

Table 199.610(a).--Exemptions for All Vessels in Specified Services

----------------------------------------------------------------------------------------------------------------

Service

-----------------------------------------------------------------------

Section or paragraph in this part Lakes, bays, and

Coastwise Great Lakes sounds Rivers

----------------------------------------------------------------------------------------------------------------

199.60(c): Distress signals............. (\1\) (\1\) Exempt.......... Exempt.

199.70(a)(3)(iii): Lifebuoys fitted with Exempt.......... Exempt.......... Exempt.......... Exempt.

smoke signals.

199.70(b)(1)(i): Carriage of additional (\2\) (\2\) (\2\) (\2\)

child-size lifejackets.

199.70(b)(4)(i): Lifejacket lights (for (\3\) (\3\) Exempt.......... Exempt.

lifejackets).

199.70(c)(4)(i): Lifejacket lights (for (\3\) (\3\) Exempt.......... Exempt.

immersion suits).

[[Page 52820]]

199.70(b)(4)(ii): Lifejacket whistles... Exempt.......... Exempt.......... Exempt.......... Exempt.

199.70(c): Immersion suits for rescue Not Exempt...... Not Exempt...... Exempt.......... Exempt.

boat crew members.

199.70(c)(4)(ii): Immersion suit Exempt.......... Exempt.......... Exempt.......... Exempt.

whistles.

199.100(c)(1): Requirements for person- Not Exempt...... Not Exempt...... Not Exempt...... Exempt.

in-charge of survival craft.

199.100(d): Designation of second-in- (\4\) (\4\) (\4\) Exempt.

command of lifeboat.

199.110(f): Embarkation ladders at (\5\) (\5\) (\5\) (\5\)

launching stations.

199.130(a)(4): Survival craft stowage Not Exempt...... Not Exempt...... Exempt.......... Exempt.

position.

199.170: Line-throwing appliance........ Not Exempt...... Exempt.......... Exempt.......... Exempt.

199.175(b)(21)(ii)(B) or (\6\) (\6\) (\6\) (\6\)

199.640(j)(4)(E): Float-free link.

199.190(j): Renewal of survival craft Not Exempt...... (\7\) (\7\) (\7\)

falls.

199.202 or 199.262 Rescue boats......... (\8\) (\8\) (\8\) (\8\)

199.510: EPIRB requirement.............. (\8\ \9\) (\8\ \10\) Exempt.......... Exempt.

----------------------------------------------------------------------------------------------------------------

Notes:

\1\ Exempt if the vessel operates on a route with a duration of 30 minutes or less.

\2\ Exempt if the vessel does not carry persons smaller than the lower size limit of the lifejackets carried.

\3\ Exempt if the vessel is a ferry or has no overnight accommodations.

\4\ Exempt if the lifeboat has a carrying capacity of less than 40 persons.

\5\ Exempt if the distance is less than 3 meters (10 feet) from the embarkation deck to the water with the

vessel in its lightest seagoing operating condition.

\6\ Exempt if the vessel operates on a route on which the water depth is never more than the length of the

painter.

\7\ Exempt if the vessel operates on a fresh water route and inspection shows that the falls are not damaged by

corrosion.

\8\ Exempt if the vessel is non-self propelled and in tow, moored to or alongside a MODU or a self-propelled

vessel, or moored to shore.

\9\ Exempt if the vessel is a cargo vessel under 300 tons gross tonnage and operates on a route no more than 3

nautical miles from shore.

\10\ Exempt if the vessel operates on a route no more than 3 nautical miles from shore.

* * * * *

43. Amend Sec. 199.620 as follows:

a. Revise Table 199.620(a) and paragraph (e) as follows;

b. In the paragraph immediately following paragraph (k)(2), remove

the paragraph designation ``1'' (the numeral ``one'') and add, in its

place, the paragraph designation ``l'' (the lower case letter ``L'');

and

c. Add paragraphs (o) and (p) as follows.

Sec. 199.620 Alternatives for all vessels in a specified service.

* * * * *

Table 199.620(a).--Alternative Requirements for All Vessels in a Specified Service

--------------------------------------------------------------------------------------------------------------------------------------------------------

Service and reference to alternative requirement section or paragraph

--------------------------------------------------------------------------------------------------------------------

Section or paragraph in this part Lakes, Bays and

Oceans Coastwise Great Lakes Sounds Rivers

--------------------------------------------------------------------------------------------------------------------------------------------------------

199.70(a): Lifebuoy approval series 199.620(b)\1\......... 199.620(b)\1\......... 199.620(b)........... 199.620(b)........... 199.620(b)

199.70(b): Lifejacket approval 199.620(c)\2\......... 199.620(c)\2\......... 199.620(c)........... 199.620(c)........... 199.620(c)

series.

199.70(b)(1): Number of lifejackets No Alternative........ 199.620(d)............ 199.620(d)........... 199.620(d)........... 199.620(d)

carried.

199.70(b)(4)(i): Lifejacket light No Alternative........ 199.620(e)............ 199.620(e)........... Not Applicable....... Not Applicable.

approval series.

199.100(b): Manning of survival No Alternative........ No Alternative........ No Alternative....... No Alternative....... 199.620(o)

craft.

199.110(f): Embarkation ladder..... 199.620(f)............ 199.620(f)............ 199.620(f)........... 199.620(f)........... 199.620(f)

199.130(b): Survival craft stowage No Alternative........ No Alternative........ 199.620(g)........... 199.620(g)........... 199.620(g)

position.

199.170: Line-throwing appliance 199.620(h)\2\......... 199.620(h)\3\......... Not Applicable....... Not Applicable....... Not Applicable.

approval series.

199.175: Lifeboat, rescue boat, and 199.620(i)\4\......... 199.620(i)............ 199.620(j)........... 199.620(j)........... 199.620(j)

rigid liferaft equipment.

199.180 Training and drills........ 199.620(p)............ 199.620(p)............ 199.620(p)........... 199.620(p)........... 199.620(p)

199.190: Spares and repair 199.620(n)............ 199.620(n)............ 199.620(n)........... 199.620(n)........... 199.620(n)

equipment.

199.201(a)(2) or 199.261: 199.620(l)\4\......... 199.620(l)............ 199.620(l)........... 199.620(l)........... 199.620(l)

Inflatable liferaft equipment.

199.201(a)(2) or 199.621: Liferaft No Alternative........ 199.620(k)............ 199.620(k)........... 199.620(k)........... 199.620(k)

approval series.

199.510: EPIRB requirement......... 199.620(m)(1)......... 199.620(m)(1)......... 199.620(m)........... Not Applicable....... Not Applicable.

* * * * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ Alternative applies if lifebuoy is orange.

\2\ Alternative applies only to cargo vessels that are less than 500 tons gross tonnage.

\3\ Alternative applies to cargo vessels that are less than 500 tons gross tonnage and to all passenger vessels.

\4\ Alternative applies to passenger vessels limited to operating no more than 50 nautical miles from shore.

[[Page 52821]]

* * * * *

(e) Lifejacket light approval series. As an alternative to lights

approved under approval series 161.112, vessels may use lights for

lifejackets and immersions suits approved under series 161.012.

However, lifejacket lights bearing Coast Guard approval number 161.012/

2/1 are not permitted on vessels certificated to operate on waters

where water temperature may drop below 10 deg. C (50 deg. F).

* * * * *

(o) Deckhands may be used to operate the survival craft and

launching arrangements.

(p) Training and drill subjects required under Sec. 199.180 may be

omitted if the vessel is not fitted with the relevant equipment,

installation or system.

44. In Sec. 199.630 revise Table 199.630(a), paragraphs (c),

(d)(2), (f), (f)(2)(iv), and (g) and add new paragraphs (l), and (m) to

read as follows:

Sec. 199.630 Alternatives for passenger vessels in a specified

service.

(a) * * *

Table 199.630(a).--Alternative Requirements for Passenger Vessels in a Specified Service

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Service and reference to alternative requirement section or paragraph

--------------------------------------------------------------------------------------------------------------------

Section or paragraph in this part Lakes, bays, and

Oceans Coastwise Great Lakes sounds Rivers

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199.60(c): Distress signals........ No Alternative........ No Alternative........ 199.630(b)........... Not Applicable....... Not Applicable.

199.100(c): Person in charge of No Alternative........ 199.630(l)............ 199.630(l)........... 199.630(l)........... 199.630(l)

survival craft.

199.100(d): Lifeboat second-in- No Alternative........ No Alternative........ 199.630(m)........... 199.630(m)........... Not Applicable.

command.

199.201(b): Number and type of 199.630(c)\1\......... 199.630(c) or 199.630(c) or 199.630(c) or 199.630(c) or

survival craft carried. 199.630(d)\2\. 199.630(d)\2\ or 199.630(d) or 199.630(e) or

199.630(e) or 199.630(e) or 199.630(f) or

199.630(f)2 or 199.630(f)\2\ or 199.630(g) or

199.630(g)\2\ \3\ or 199.630(g)\2\ \3\ or 199.630(h)\4\.

199.630(h)\4\. 199.630(h)\4\.

199.202: Rescue boat approval No Alternative........ No Alternative........ No Alternative....... 199.630(i)\5\........ 199.630(i).

series.

199.203: Marshaling of liferafts... No Alternative........ 199.630(j)............ Not Applicable....... Not Applicable....... Not Applicable.

199.211(a): Quantity of lifebuoys.. No Alternative........ 199.630(k)............ 199.630(k)........... 199.630(k)........... 199.630(k).

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Notes:

\1\ Alternative applies if the vessel operates on a route no more than 50 nautical miles from shore.

\2\ Alternative applies if the vessel is a ferry or has no overnight accommodations for passengers.

\3\ Alternative applies during periods of the year the vessel operates in warm water.

\4\ Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge

the topmost deck.

\5\ Alternative applies if the vessel operates on sheltered lakes or harbors.

* * * * *

(c) As an alternative to the lifeboat capacity requirements of

Sec. 199.201(b)(1)(i), vessels may carry lifeboats with an aggregate

capacity sufficient to accommodate not less than 30 percent of the

total number of persons on board. These lifeboats must be equally

distributed, as far as practicable, on each side of the vessel.

Liferafts on these vessels may be either SOLAS A or SOLAS B liferafts.

(d) * * *

(2) Be stowed in accordance with the requirements of

Secs. 199.130(a), 199.130(c), and 199.178; and

* * * * *

(f) As an alternative to the survival craft requirements of

Sec. 199.201(b), vessels may have a safety assessment approved by the

local OCMI that addresses the following:

* * * * *

(2) * * *

(iv) Lists of external organizations that the vessel's operator

would call for assistance in the event of an incident;

* * * * *

(g) As an alternative to the survival craft requirements of

Sec. 199.201(b), vessels may carry inflatable buoyant apparatus having

an aggregate capacity sufficient to accommodate 67 percent of the total

number of persons on board, minus the capacities of any lifeboats,

rescue boats and liferafts carried on board. These inflatable buoyant

apparatus must meet the arrangement requirements of Sec. 199.630 (d)(1)

through (d)(3). The number of persons accommodated in an inflatable

buoyant apparatus may not exceed 150% of its rated capacity.

* * * * *

(l) A deck officer, able seaman, certificated person, or person

practiced in the handling of liferafts or inflatable buoyant apparatus

is not required to be placed in charge of each inflatable buoyant

apparatus, provided that there are a sufficient number of such persons

on board to launch the inflatable buoyant apparatus and supervise the

embarkation of the passengers. The number of persons on board for the

purpose of launching and operating inflatable buoyant apparatus may be

reduced during any voyage where the vessel is carrying less than the

number of passengers permitted on board, and the number of such persons

is sufficient to launch and operate the number of survival craft

required to accommodate everyone on board.

(m) The person designated second-in-command of survival craft is

not required to be a certificated person if the person is practiced in

the handling and operation of survival craft.

45. In Sec. 199.640, in paragraph (i)(2), in the last line of Table

199.640(i), remove the number ``256'' and add, in its place, the number

``656''; and revise paragraph (h)(2) to read as follows:

Sec. 199.640 Alternatives for cargo vessels in a specified service.

* * * * *

(h) * * *

(2) The rescue boat must meet the embarkation, launching, and

recovery arrangement requirements in Sec. 199.160 (b). A manually-

powered winch may be used if personnel embark and disembark the rescue

boat only when it is in the water. If the rescue boat is launched or

recovered with personnel on board, the embarkation, launching, and

recovery arrangements must also meet Secs. 199.160

[[Page 52822]]

(c) through (f). The OCMI may allow deviations from the rescue boat

launching requirements based on the characteristics of the boat and the

conditions of the vessel's route.

Dated: September 23, 1998.

R.C. North,

Rear Admiral, U. S. Coast Guard, Assistant Commandant for Marine Safety

and Environmental Protection.

[FR Doc. 98-25929 Filed 9-30-98; 8:45 am]

BILLING CODE 4910-15