[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Proposed Rules]
[Pages 49244-49275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18791]
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Part II
Department of Homeland Security
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Coast Guard
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46 CFR Parts 71, 114, 115 et al.
Passenger Weight and Inspected Vessel Stability Requirements; Proposed
Rule
Federal Register / Vol. 73, No. 162 / Wednesday, August 20, 2008 /
Proposed Rules
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 71, 114, 115, 122, 170, 171, 172, 174, 175, 176, 178,
179, and 185
[Docket No. USCG-2007-0030]
RIN 1625-AB20
Passenger Weight and Inspected Vessel Stability Requirements
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its regulations governing
the stability of passenger vessels and the maximum number of passengers
that may safely be permitted on board a vessel. The average American
weighs significantly more than the assumed average weight per person
utilized in current regulations, and the maximum number of persons
permitted on a vessel is determined by several factors, including an
assumed average weight for each passenger. Updating regulations to more
accurately reflect today's average weight per person will maintain
intended safety levels by taking this weight increase into account. The
Coast Guard is also taking this opportunity to clarify and update
intact stability and subdivision and damage stability regulations.
DATES: Comments and related material must reach the Docket Management
Facility on or before November 18, 2008. Comments sent to the Office of
Management and Budget (OMB) on collection of information must reach OMB
before November 18, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0030 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
You must also send comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget. To ensure that the comments are received on time, the preferred
method is by e-mail at [email protected] or fax at 202-395-
6566. The subject line should include the docket number (USCG-2007-
0030) and say ATTN: Desk Officer, U.S. Coast Guard, DHS. An alternate,
though slower, method is by U.S. mail to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, Attn: Desk Officer, U.S. Coast Guard.
You may inspect the material proposed for incorporation by
reference at room 1308, U.S. Coast Guard Headquarters, 2100 Second
Street, SW., Washington, DC 20593-0001 between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-372-1372. Copies of the material are available as indicated in the
``Incorporation by Reference'' section of this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. William Peters, U.S. Coast Guard, Office of Design
Engineering Standards, Naval Architecture Division (CG-5212), telephone
202-372-1371. If you have questions on viewing or submitting material
to the docket, call Ms. Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for the Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
E. Technical Review by Society of Naval Architects and Marine
Engineers
II. List of Acronyms
III. List of Terms
IV. Background and Purpose
V. Discussion of Proposed Rule
A. Vessel Stability
Part One--Explanation
Part Two--Analysis
Part Three--Assessment Methodology
B. Weight of Passengers and Crew
C. Notes on Pontoon Vessels
D. SOLAS and Resolution A.265
E. Corrections, Clarifications, and Updates
F. American Bureau of Shipping
G. Discussion of Proposed Amendments by Section
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
Number of Small Entities Affected
Types of Entities Affected
Other Federal Rules
Regulatory Alternatives
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0030), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2007-0030)
in the Search box and click ``Go >>.'' You may also visit the Docket
Management
[[Page 49245]]
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
E. Technical Review by Society of Naval Architects and Marine Engineers
An ad hoc panel of the Society of Naval Architects and Marine
Engineers (SNAME) has reviewed reports delivered to the Coast Guard by
BMT Designers and Planners and CSC Advanced Marine Center and provided
technical advice concerning vessel stability and increased passenger
weight. SNAME is a nonprofit, professional society, and the panel's 28
experienced naval architects are able to provide technical peer review
from a broad cross-section of the designers, builders and operators of
passenger vessels. The Charter for Ad Hoc Panel 15 on Loading Criteria
for People Aboard Passenger Vessels and a memorandum from the panel's
chairman to the Coast Guard concerning the Phase 1 Impact Analysis
Report from BMT Designers and Planners are available in the docket at
http://www.regulations.gov. A list of the panel's members and
information about their meetings is available at http://www.sname.org/committees/tech_ops/O44/passenger/activity-15.html. The Coast Guard
will make any additional reports from the ad hoc panel available to the
public by posting them to the docket.
II. List of Acronyms
2008 IS Code International Code on Intact Stability, 2008
ABS American Bureau of Shipping
CDC Centers for Disease Control and Prevention
CFR Code of Federal Regulations
COI Certificate of Inspection
DHS Department of Homeland Security
DOT Department of Transportation
FAA Federal Aviation Administration
EO Executive Order
FR Federal Register
GM Metacentric height
LBP Length Between Perpendiculars
LCG Longitudinal Center of Gravity
MARPOL International Convention for the Prevention of Pollution from
Ships
MSC Marine Safety Center
NHANES National Health and Nutrition Examination Survey
MISLE Marine Information for Safety and Law Enforcement
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
NTSB National Transportation Safety Board
OCMI Officer in Charge, Marine Inspection
OMB Office of Management and Budget
PSSC Passenger Ship Safety Certificate
PSST Pontoon Simplified Stability Proof Test
SBA United States Small Business Administration
SNAME Society of Naval Architects and Marine Engineers
SOLAS International Convention for the Safety of Life at Sea
SST Simplified Stability Proof Test
U.S.C. United States Code
VCG Vertical Center of Gravity
III. List of Terms
Angle of heel means the angle of the vessel's centerline to the
upright when the vessel is inclined.
Deadweight survey: See lightweight survey.
Draft means the vertical distance from the bottom of the hull
(i.e., the keel) or another point that protrudes below the hull to the
waterline.
Exposed waters generally means more than 20 nautical miles from a
harbor of safe refuge.
Flush deck means any continuous, unbroken deck from stem to stern.
Freeboard means the vertical distance from the deck edge to the
waterline. A decrease in freeboard (i.e. reduced freeboard) corresponds
to an increase in draft.
Heel is the degree to which a ship leans transversely as a result
of variable and dynamic external forces.
Heeling moment is generally a force acting through a distance that
causes a vessel to roll or heel to one side. A heeling moment that is
larger than the vessel's righting ability can cause the vessel to
overturn or capsize. Coast Guard requirements limit the amount of heel
a vessel can have when wind or passenger movement causes the heeling
moment.
Inclining or stability test is a methodical process that involves
moving a series of known weights on a vessel and measuring the
resulting change in the equilibrium heel angle to determine the
vessel's stability characteristics.
Intact stability generally means the stability properties of a
vessel without any damage to its watertight buoyancy volume.
Length between perpendiculars (LBP) means the length of the summer
load waterline from the vessel's stern post to the point where it
crosses the vessel's stem.
Lightship displacement or lightweight means the weight of a vessel
that is complete in all respects, but without consumables, stores,
cargo, passengers, crew, and their effects, and without any liquids on
board except fixed ballast and machinery and piping fluids, such as
lubricants and hydraulics, which are at operating levels.
Lightweight survey is a part of the stability test that determines
any changes in lightship displacement and longitudinal center of
gravity (LCG). It involves taking an audit of all items that should be
added, deducted, or relocated on a vessel so that the observed
condition of the vessel can be adjusted to the lightship condition.
Often referred to as a deadweight survey.
Longitudinal center of gravity (LCG) means the location along the
vessel's length at which the total weight of the vessel may be assumed
to act.
Master means a person holding a valid license that authorizes that
person to serve as a master of a passenger vessel.
Open boat means a vessel not protected from entry of water by means
of a complete weathertight deck.
Operator means the person or entity who provides operational
instructions to and receives reports from the master of the vessel and
is responsible for the vessel's maintenance and repair, schedule of
operations, crewing, etc.
Owner means the person or entity holding title to the vessel.
Partially protected waters generally means not more than 20
nautical miles from a harbor of safe refuge.
Passenger heel refers to the heeling moment that occurs when
passengers move to one side of the vessel's centerline, causing the
vessel to roll, or heel.
Pontoon vessel generally means any vessel having two or more sealed
hulls, which are structurally independent and detachable from the
vessel's deck or cross structure.
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Protected waters generally means sheltered waters that present no
special hazards.
Sailing vessel means a vessel that is propelled by wind, using
sails.
Subdivision and damage stability refers to the stability
characteristics of a vessel when damaged, generally focusing on
flooding of watertight compartments.
Vertical center of gravity (VCG) means the height above the keel at
which the total weight of the vessel may be assumed to act.
Vessel stability refers to the tendency of a ship to remain upright
or return to upright when inclined by forces that are caused by the
action of waves, wind, passenger movement, etc.
Waterplane means the horizontal area obtained from the intersection
of the ship's hull with the water's surface at a particular draft. The
waterplane area is used to calculate how much immersion will be caused
by additional weight.
Wind heel refers to the heeling moment caused when the wind acts on
the lateral area of the vessel above the waterline and causes the
vessel to roll, or heel.
IV. Background and Purpose
The total number of persons permitted on a passenger vessel,
inspected and certificated under 46 CFR Subchapters H, K or T, is
limited by a number of different design factors, one of which is
stability. Stability requirements include intact stability for almost
all vessels, as well as subdivision and damage stability generally for
any vessel carrying more than 49 passengers and all vessels over 65
feet in length. This NPRM is intended to clarify and update both intact
stability and subdivision and damage stability regulations, primarily
related to the carriage of passengers for hire, and to update the
weight per person used for all vessels. The intent of this rulemaking
is to ensure that each vessel operates without being overloaded.
The overall good safety record of the passenger vessel industry
reflects safety factors inherent in the stability requirements applied
to passenger vessels. Increasing the passenger weight to reflect
current data will help ensure that the safety margins included in our
regulations remain valid.
These safety margins operate in two ways. The first is through
intact stability, which generally relates to the stability of a vessel
in normal operation. The second is through subdivision and damage
stability, which generally relates to the stability of a vessel in an
emergency involving a flooded condition.
A vessel's stability information, including any restrictions on
route and the number of passengers permitted, is provided to the vessel
operator most often in the form of a stability letter issued by the
Coast Guard's Marine Safety Center (MSC), and/or a Coast Guard
Certificate of Inspection (COI) issued by the Officer in Charge, Marine
Inspection (OCMI). When both are provided, restrictions on the COI
govern. The COI is issued after the vessel's stability has been
evaluated in one of two ways:
For vessels greater than 65 feet in length, stability is evaluated
through detailed design calculations--submitted to the MSC--that
produce the vessel's stability requirements. This process, which takes
into account the assumed total weight of persons on board, is described
in 46 CFR, subchapter S, parts 170 and 171.
Vessels not greater than 65 feet in length normally undergo a
performance test conducted in the presence of the OCMI, instead of
submitting design stability calculations to the MSC (46 CFR part 178).
This performance test, which also takes into account the assumed total
weight of persons on board, is either a simplified stability proof test
(SST) or, if the vessel is a pontoon vessel, a pontoon simplified
stability proof test (PSST). The SST is intended to evaluate monohull
vessels, and the PSST is intended to evaluate pontoon vessels operating
on protected waters. For ease of discussion, we will use the term SST
in this preamble to describe any simplified stability proof test.
Vessels to which these tests do not apply may need to be evaluated
through design calculations to show that they meet intact stability
requirements. Alternately, a vessel might satisfy stability
requirements by complying with a standard acceptable to the Commanding
Officer, Marine Safety Center. Finally, simplified subdivision
calculations may be necessary for some vessels not greater than 65 feet
in length.
To arrive at a total assumed weight of persons on board for
calculating stability, an assumed average weight per person is used.
Section 178.330 of Title 46 of the CFR specifies that the assumed
average weight per person is 160 pounds, except that vessels operating
exclusively on protected waters and carrying a mix of men, women, and
children may use an average weight of 140 pounds per person. These
weights were established in the 1960s.
In a report issued in October 2004, the Centers for Disease Control
and Prevention (CDC) concluded that the average weight of an individual
in the United States has increased dramatically in the last 40 years,
with the greatest increase seen in adults. (The report, Advance Data
From Vital Health Statistics Mean Body Weight, Height, and Body Mass
Index, United States 1960-2002, No. 347, October 27, 2004, is available
in the docket.) This increase in passenger and crew weight can have an
adverse effect on the stability of passenger vessels due to several
factors, including increased vertical center of gravity, reduced
freeboard, and increased passenger heeling moment.
On December 20, 2004, the National Transportation Safety Board
(NTSB) issued Safety Recommendation M-04-04 (available in the docket),
which included findings that the current 140 pound per person weight
allowance for operations on protected waters does not reflect actual
loading conditions. The NTSB recommended that the Coast Guard revise
its guidance to OCMIs for determining the maximum passenger capacity of
small passenger pontoon vessels either by: (1) Dividing the vessel's
SST weight by 174 pounds per person; or (2) restricting the actual
cumulative weight of passengers and crew to the vessel's SST weight. In
correspondence to the NTSB dated April 7, 2005 (available in the
docket), the Coast Guard concurred that the average weight per person
used in SSTs needed to be updated, and noted that an internal Coast
Guard study identified the same issue. That study, which is entitled
Study of Effects on Commercial Passenger Vessels Due to Weight
Standards, is available in the docket.
This notice of proposed rulemaking (NPRM) follows notices to the
public, published in the Federal Register on April 26, 2006 (71 FR
24732) and November 2, 2006 (71 FR 64546), recommending voluntary
interim measures for passenger vessels to follow while the Coast Guard
studied the issue of increased passenger weight. In summary, those
voluntary measures advised pontoon vessels and other small passenger
vessels to (1) more stringently monitor wind and wave conditions prior
to departure and (2) begin using 185 pounds as the new assumed average
weight per person when calculating passenger capacity. A discussion of
how 185 pounds was chosen is contained in the April 26, 2006 notice and
in the discussion of Sec. 170.090 in this preamble.
At last count, the Docket Management Facility received 108 comments
from the public in response to those notices. They are posted for
public view at http://www.regulations.gov under docket number USCG-
2007-0030, and
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can be viewed by following the directions in the ``Viewing comments and
documents'' section of this preamble. We will respond to those
comments, together with comments received in response to this NPRM,
when we publish an effective rule.
Finally, this proposed rule is an opportunity to identify where
corrections, clarifications, and updates need to be made to existing
regulations. These proposed changes, which would include changes in
international requirements, will be discussed in greater detail later
in this preamble, under ``Corrections, Clarifications, and Updates.''
V. Discussion of Proposed Rule
For easier reference, we have divided this discussion into the
following topics: A. Vessel Stability; B. Weight of Passengers and
Crew; C. Notes on Pontoon Vessels; D. SOLAS and Resolution A.265; E.
Corrections, Clarifications, and Updates; F. American Bureau of
Shipping; and G. Discussion of Proposed Amendments by Section.
A. Vessel Stability
An increase in passenger and crew weight will typically have an
adverse effect on vessel stability. Whether or not such additional
weight would result in non-compliance of a vessel with applicable
stability criteria depends upon the amount and location of the
additional weight, the degree by which the vessel demonstrated
compliance with the stability criteria previously, and which of the
criteria was limiting, if any.
Historically, a margin of safety has been built into the
requirements for both intact stability and subdivision and damage
stability. The standards for intact stability criteria are generally
designed to provide vessels with adequate ability to resist overturning
heeling moments, such as those caused by wind or passenger weight
shifting to one side. Standards for subdivision and damage stability
are designed to address the worst case loading conditions and certain
flooding scenarios that could occur as a result of accidental damage.
Although intact stability and subdivision and damage stability
standards address different stability risks, we believe that these two
stability standards together are responsible in part for the good
safety record of the passenger vessel industry. Therefore, we are
proposing that intact stability and subdivision and damage stability
requirements utilize an updated assumed average weight per person.
We also propose adding more specific requirements for a vessel
owner or operator to show that the vessel meets intact stability and
subdivision and damage stability standards, including provisions
accounting for possible changes in vessel and weight per person. These
requirements will improve a master's ability to meet stability criteria
for the intended service and also avoid overloading the vessel.
Additionally, to help ensure that vessels maintain the intended
safety levels after initial certification, we would clarify the
requirement that stability information be checked at each annual
inspection or COI renewal to confirm that it is still valid for the
loading and service intended.
Finally, we propose requiring stability verification--including
calculations--at least every ten years.
We propose detailing these requirements in new sections that would
be added to each of the three subchapters that address the inspection
of passenger vessels. The new sections, entitled ``Stability
Verification,'' would be added at Sec. 71.25-50 in subchapter H, Sec.
115.505 in subchapter K, and Sec. 176.505 in subchapter T (all of
which are contained in chapter I, Title 46 of the CFR). Each new
section would be comprised of paragraphs (a), (b), (c) and (d).
So that owners, operators, and OCMIs may clearly understand these
requirements, how we intend to implement them, and the analyses upon
which they are based, a discussion in three parts is given below:
``Part One--Explanation'' describes the purpose and intent behind
each of the paragraphs--(a), (b), (c), and (d)--in the proposed new
``Stability Verification'' sections.
``Part Two--Analysis'' describes the process whereby the Coast
Guard developed an assessment methodology for prioritizing the vessels
that would require stability verification.
``Part Three--Assessment Methodology'' describes the methodology to
be used by owners, operators, and OCMIs to, first, determine whether a
change in the permitted number or distribution of passengers might be
necessary and, second, to assess whether a vessel would be likely to
require new stability testing or evaluation.
Part One--Explanation
Paragraph (a) of Sec. Sec. 71.25-50, 115.505, and 176.505
Paragraph (a) would add, as the owner or operator's responsibility,
two checks regarding the vessel's stability information. First, at each
annual inspection and Certificate of Inspection (COI) renewal, the
owner or operator would demonstrate that the stability information is
still appropriate for the vessel's intended loading and service. This
requirement would augment the confirmation by a Coast Guard marine
inspector that a valid stability letter is properly posted aboard a
vessel.
Second, the owner or operator would need to confirm that the total
weight of gear and variable loads is still valid for the intended
service. (The total weight of gear and variable loads, including the
total weight of persons carried, is the basis for the stability letter
and/or the COI.) The owner or operator would need to ensure that the
master knows both the maximum total weight of persons and the average
weight per person on which the total weight is based.
Currently, all passenger vessels are required to comply with a
section in the ``Operations'' part of each inspection subchapter
(Sec. Sec. 78.17-22, 122.315, and 185.315 of this title) that requires
a master to verify, prior to departure on every voyage, that the loaded
vessel complies with all stability information, and that the stability
information is being used properly to ensure that the vessel is not
overloaded. Paragraph (a) would add a requirement that the owner or
operator demonstrate the methods the master uses to do this. Such
methods could include the competent reading of loading or draft marks,
and must include the proper use of that information for complying with
the draft and/or freeboard restrictions normally contained in the
stability letters for these types of vessels.
If the stability information is no longer valid, a new stability
letter would be needed. The new stability letter would contain revised
operating restrictions that the master should follow to avoid
overloading the vessel and to maintain compliance with stability
requirements.
The following flowchart illustrates the stability confirmation
process discussed above:
BILLING CODE 4910-15-P
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[GRAPHIC] [TIFF OMITTED] TP20AU08.000
BILLING CODE 4910-15-C
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Paragraph (b) of Sec. Sec. 71.25-50, 115.505, and 176.505.
This paragraph would require a vessel's stability to be verified at
10 year intervals or when modifications are made to the vessel that
could affect the vessel's ability to meet stability requirements. The
10 year ``clock'' would start whenever the last stability verification
was conducted or stability letter was issued, or when a determination
of sister vessel status was made (as permitted in part 170 of
Subchapter S). The ``clock'' would be reset after each stability
verification. For a vessel that would be issued a SOLAS Passenger Ship
Safety Certificate (PSSC), the SOLAS requirement for a lightweight
survey to be conducted at least once every 5 years would constitute a
verification of the vessel's stability for the purposes of this
paragraph.
In other words, paragraph (a) requires the owner or operator to
make sure that the vessel master knows what the vessels' stability
limits are, based on the most recent stability calculations. Paragraph
(b) requires new calculations of the per-person weight, and then
requires the use of that weight to verify--usually with calculations--
that the vessel still meets applicable stability requirements.
Paragraph (c) of Sec. Sec. 71.25-50, 115.505, and 176.505.
This paragraph would provide the minimum requirements for what the
stability verification required by paragraph (b) would include. The
requirements would vary depending on whether the vessel's stability
compliance was governed by subchapter S or subchapter T of title 46
CFR. Subchapter S requires that detailed design calculations be
submitted to the Marine Safety Center (MSC), as described in parts 170
and 171. This requirement also applies to all subchapter H and K
vessels and some subchapter T vessels. However, a simplified test,
either an SST or PSST, is performed for most subchapter T vessels, as
described in part 178. In cases where a simplified test is neither
feasible nor appropriate, a stability standard would be determined by
the MSC.
Unless the OCMI permits the use of another value, the assumed
average weight per person would be determined according to proposed
paragraph 170.090(d) or 178.330(a)(4)(ii), whichever is applicable. The
OCMI may permit another value when the owner or operator can show that
another value more accurately represents the average weight of persons
carried in service; for example when the vessel carries primarily
children.
Using a total weight of persons based on this latest average weight
per person (i.e., the new total test weight), the owner or operator
would need to verify that the vessel meets applicable stability
criteria. For subchapter S compliance, this would mean that
calculations would need to be performed if the total weight of persons
carried is greater than the total weight used in the previous stability
verification. For vessels undergoing a simplified proof test, the owner
or operator would need to either perform a new test using the new total
test weight, or prove that the vessel could meet current applicable
requirements using data from the most recently performed simplified
test, if those data are valid.
For vessels meeting subchapter S requirements, the verification
would also include conducting a deadweight survey to verify that the
vessel's stability characteristics have not changed significantly, and
that it remains in compliance with applicable stability criteria.
(Coast Guard policy for what constitutes a significant change is
contained in Marine Safety Center Technical Note (MTN) 04-95, Lightship
Change Determination; Weight-Moment Calculation vs. Deadweight Survey
vs. Full Stability Test, available in the docket.) If sufficient
accuracy can be obtained for the stability verification prior to the
deadweight survey, some relaxation in the deadweight survey
requirements could be accepted by the MSC. For example, a greater
number of tanks containing operating liquids could be kept at normal
levels.
If the lightship characteristics have changed so that stability
compliance is not assured under the existing stability information, a
new stability analysis--together with associated loading calculations--
would be needed, and a new stability letter would be issued.
When the passenger capacity of a vessel is limited by subdivision
and/or damage stability considerations, the proposed increase in
assumed average passenger weight may require a corresponding reduction
in passenger capacity. For example, in a passenger vessel to which 46
CFR 179.220 is applicable, an increase in the assumed average weight
per person could cause either a change in freeboard, resulting in a
reduction in the permissible distance between watertight bulkheads (see
46 CFR 179.220(a)(2)), or a reduction in the permitted number of
passengers in order to remain in compliance with existing subdivision
and damage stability requirements. In a vessel to which subchapter S
subdivision and damage stability requirements are applicable, increased
passenger weight could cause the margin line to become submerged in the
flooded condition, which regulations prohibit.
Owners of such vessels as those discussed above may seek to modify
their vessels to maintain their current passenger count. When
significant, such modifications may be determined by the Coast Guard to
be ``major conversions.'' When a modification constitutes a major
conversion, it is appropriate to bring the vessel into compliance with
the latest safety standards where it is both reasonable and practicable
to do so. The cognizant OCMI makes a determination on which areas of a
vessel undergoing major conversion must be brought into compliance.
In all cases, for a passenger vessel that undergoes a major
conversion or incurs changes that affect its stability, the required
verification of both intact stability and subdivision and damage
stability compliance would use the latest assumed average weight per
person.
Paragraph (d) of Sec. Sec. 71.25-50, 115.505, and 176.505.
This paragraph would permit the Coast Guard authority responsible
for issuing the stability information to defer or dispense with
stability verification based on the vessel's characteristics or the
degree to which the vessel could be affected by increased weight per
person or vessel weight. For vessels that are subject to subchapter S
requirements, this authority is normally the Commanding Officer, Marine
Safety Center; for vessels whose stability is based on a simplified
stability test, this authority is normally the OCMI.
Analyses described under the ensuing ``Part Two--Verification
Process'' of this preamble showed that some vessel types experience a
negligible effect from increased passenger weight. These vessel types
include sailing vessels, vessels that carry substantial cargo amounts
compared to the passenger weight, vessels that have an established
process to avoid overloading, and/or vessels that follow the voluntary
measures for prudent operation contained in the Federal Register notice
published on April 26, 2006 (71 FR 24732). A more detailed description
of those vessels relatively unaffected by an increase in weight per
person can be found in ``Part Three--Assessment Methodology.''
Part Two--Analysis
The Coast Guard sponsored an analysis of the impact of increased
[[Page 49250]]
weight per person on the U.S. inspected passenger vessel fleet. From
the Marine Information for Safety and Law Enforcement (MISLE) database,
we found that nearly 75 percent of the inspected U.S. flag passenger
vessels are 65 feet in length or less. The stability of most of these
vessels was based on the performance of a simplified stability test
(SST), either for a monohull or a pontoon passenger vessel.
The analysis showed that the effect of increased passenger weight
on vessels depended on factors not included in the MISLE database, such
as the amount of freeboard and draft and whether the vessel is a flush
deck or open boat type.
To supplement that study, additional stability analyses were
performed on a number of monohull vessels that had undergone SSTs. By
analyzing the SST results, conservative estimates of key parameters--
such as the moment to heel 1 degree--can be made, that, in turn, can be
used in an assessment methodology for intact stability verification.
These analyses were peer-reviewed by the Society of Naval
Architects and Marine Engineers (SNAME) Ad Hoc Panel No. 15, which
provided both a technical appraisal of the analyses and recommendations
on how they could be used. Two of the panel's recommendations are
associated with the proposed prioritizing process:
(1) The panel recommended the Coast Guard adopt a risk-based
process that looks at relative changes to a vessel's stability
characteristics and compares these relative changes to acceptable
limits determined by the Coast Guard; and
(2) The panel recommended the Coast Guard adopt a technical process
in reviewing stability. That process would use the stability
requirements the vessel is designed to meet to determine if the vessel
has been adversely affected by an increase in passenger weight such
that a new stability evaluation should be performed.
We agree with these recommendations. In addition, based on the
analyses of the impact of increased passenger weight on the passenger
vessel fleet, we developed an assessment methodology, detailed in
``Part Three--Assessment Methodology'' below, that reflects these
recommendations.
As stated above, this proposed rule would require that a stability
verification be performed within ten years of the date the last
stability letter was issued or a previous stability verification was
performed. Regardless of when the stability information was issued,
however, all vessels must meet stability requirements using the latest
assumed average weight per person immediately upon the effective date
of this rule. Additionally, in all cases, when a vessel or its loading
is modified in any way that alters its stability, a stability
verification is required as soon as is practicable, using the latest
assumed average weight per person.
Since a very large portion of inspected passenger vessels currently
have stability letters that are more than 10 years old, we developed a
process that allows owners, operators, and OCMIs to determine whether
the stability verification should be conducted as soon as is
practicable, deferred to a later date--most likely the next regular
inspection--or perhaps dispensed with. This process would more evenly
distribute demand for the Coast Guard resources that will be necessary
to guide implementation of this proposed rule.
The following flowchart illustrates the prioritizing process,
discussed in detail below:
[GRAPHIC] [TIFF OMITTED] TP20AU08.001
[[Page 49251]]
Part Three--Assessment Methodology
The process by which an owner, operator, or OCMI would determine
whether a vessel would need to reduce or redistribute passengers and
whether it would need a new stability verification--and how soon--is
laid out in detail below: First for vessels subject to the requirements
of subchapter S, and second for vessels that undergo a simplified proof
test.
However, there are several vessel categories for which no further
assessment of passenger weight needs to be considered, with the
exception that a new stability letter might be required. No immediate
stability verification or change to passenger capacity is necessary if
the vessel:
1. Is a sailing vessel;
2. Has a Certificate of Inspection (COI) that permits 86 percent
(approximately equal to 160 pounds divided by 185 pounds) or fewer of
the passengers permitted by the stability letter, and the assumed
weight per person was 160 or 165 pounds;
3. Has a COI that permits 75 percent (approximately equal to 140
pounds divided by 185 pounds) or fewer of the passengers permitted by
the stability letter, if operating on protected waters with a mix of
men, women, and children, and the assumed weight per person was 140
pounds;
4. Is permitted to carry an amount of cargo, not including
passengers, that exceeds the total weight of passengers carried; or
5. Ensures that the total weight of persons aboard the vessel does
not exceed the assumed total weight of persons used to develop the
stability information, which is equal to the total test weight.
Assessment of vessels subject to the requirements of subchapter S.
The SNAME Ad Hoc panel also proposed, and the Coast Guard, in turn,
proposes a process for evaluating stability change in these vessels
using the latest assumed average weight per person. By following the
process below, the owner, operator, or OCMI could determine the urgency
of each vessel's need for a re-evaluation of intact stability and
prioritize the vessel accordingly. The data necessary for making the
percent change and detailed loading calculations described below should
be readily available, as Sec. 78.17-22(b) requires that vessel masters
have the capability to determine the vessel's draft, trim, and
stability as necessary.
Evaluation process for a vessel subject to the requirements of
subchapter S.
The following three assumptions were applied:
1. Wind heel requirements are more severe than passenger heel, and
this doesn't change with an increase in weight per person. Experience
has shown that passenger heel requirements in subchapter S rarely
exceed wind heel requirements.
2. Each vessel meets stability requirements in its current
condition, prior to assessing the effect of a per-person weight
increase. Our assessment cannot take into account unauthorized changes
to the vessel or its service.
3. A small amount of increase in weight or vertical center of
gravity (VCG) will not adversely affect the stability of the vessel
significantly.
This approach is taken from MTN 4-95 (available in the docket),
which uses weight-moment calculations to assess the absolute and
relative changes in displacement and centers of gravity (LCG and VCG).
Those changes, in turn, can be compared to previously determined limits
to evaluate the relative risk of adverse changes to the vessel's
stability. To do this, a calculation is needed that relates the change
in vertical weight moment caused by an increase in assumed weight per
person (VMOMchng) to the lightship vertical weight moment
(VMOMlightship):
Percent Change = VMOMchng/VMOMlightship x 100
Where:
VMOMchng = (Wpaxnew - Wpaxold) x (VCGpax)
VMOMlightship = lightship weight x lightship VCG
VCG = vertical center of gravity above baseline
Wpaxnew = the number of passengers multiplied by the latest assumed
average weight per person
Wpaxold = the number of passengers multiplied by the old assumed
average weight per person (generally, either 160 or 165 pounds)
VCGpax = the overall VCG of the passengers carried above the
baseline
In making the calculations, consistent units must be used. In other
words, if the lightship weight is given in long tons, Wpaxnew and
Wpaxold must be computed in long tons; if the lightship VCG is in feet,
VCGpax must be in feet; if in meters, use meters.
MTN 4-95 allows up to a 2 percent change in lightship weight
without verifying weight-moment calculations. Additionally, an OCMI may
consider the difference in VCG of the vessel and the passengers. It
should be noted that a percent change of the vertical moment of less
than 3 provides a value of safety corresponding to the 2 percent
displacement allowed in MTN 4-95. For these reasons, if the percent
change in vertical moment computed by the methodology given above is
less than 3, an OCMI could defer the stability verification to a later
date, most likely the next regularly scheduled inspection. If the
percent change is 3 or greater, and the vessel's most recent stability
letter is more than 10 years old, detailed stability calculations
should be performed to determine the degree to which, if any, an
increase in total assumed passenger weight would affect the vessel's
compliance with the applicable stability criteria.
Evaluation process for a vessel undergoing a monohull simplified
stability proof test.
This process uses data obtained from the SST data form and the
standards given in 46 CFR 178.330. If the data for the SST is not
available, vessel measurements will be necessary to obtain the SST data
or the moment to heel 1 degree (MH1SST) must be estimated as described
in the steps below:
1. Using the following equation, calculate the additional sinkage
in inches (centimeters) due to the increased passenger weight:
Sinkage = (Wpaxnew - Wpaxold)/Wimmersion
Where:
Wimmersion = (Waterplane Area x Water Density/K) in pounds per inch
(kilograms per centimeter) (this is the weight per unit immersion);
K = 12 inches per foot (100 centimeters per meter)
Wpaxnew = the number of passengers multiplied by the latest assumed
average weight per person in pounds (kilograms)
Wpaxold = the number of passengers multiplied by the old assumed
average weight per person used in the SST (generally, either 140 or
160 pounds) in pounds (kilograms)
Waterplane Area = Length x Beam x Waterplane Coefficient in square
feet (square meters)
Waterplane Coefficient = 0.7 for monohulls or 0.4 for multihulls,
unless a more accurate value is known
Water Density = 64 pounds per cubic foot (1,025 kilograms per cubic
meter) for salt water; 62.4 pounds per cubic foot (1,000 kilograms
per cubic meter) for fresh water
2. Calculate the location of the new maximum allowable immersion
mark (iupright-new) above the upright load waterline by subtracting the
sinkage calculated in step 1 above from the SST measured freeboard and
applying the appropriate formula from 46 CFR 178.330(d). If the data
for an SST is not available, the freeboard should be measured with the
vessel in the condition specified in 46 CFR 178.330(a). (In summary,
this is with the vessel complete in all respects, in a fully
[[Page 49252]]
loaded condition, and with all anticipated loads properly distributed.)
3. Calculate the existing SST moment to heel 1 degree (MH1SST) as
follows:
MH1SST = HMSST/ThetaSST
Where:
ThetaSST = angle between upright SST waterline and actual SST
immersion point (after weight movement), in degrees = inverse
tangent (2 x (iheeled - iupright/beam at the reference station))
(This is the actual heel angle caused by the heel moment applied in
the SST.)
HMSST = heeling moment applied during the SST in foot-pounds (meter-
kilograms)
iupright = maximum allowable immersion determined from the upright
freeboard before weight movement
iheeled = actual remaining distance measured after the weight
movement from the water surface to the position of iupright on the
vessel
If the data for an SST is not available, the MH1SST can be
estimated using the following equations:
For a vessel operating on exposed waters:
MH1SST = 3 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/60 + 50
For a vessel operating on partially protected waters:
MH1SST = 4 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/125 + 200
For a vessel operating on protected waters:
MH1SST = 4.5 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/250 + 250
Where,
L = Length in feet, and
B = Beam, in feet
4. Determine the new moment to heel 1 degree (MH1new) in foot-
pounds (meter-kilograms) with the increased passenger weight as
follows:
MH1new = MH1SST x (TSST/Tnew) - VMnew/57.3
Where:
TSST = Estimated draft during SST in feet (meters), which may be
calculated as the difference between the depth to the keel and the
freeboard used in step 2
Tnew = TSST + sinkage (calculated in step 1 above, and converted to
feet (meters))
VMnew = (Wpaxnew - Wpaxold) x VCGpax in foot-pounds (meter-
kilograms)
VCGpax = Overall vertical center of gravity (VCG) of the passengers
carried
5. Calculate new passenger heeling moment (MPnew) in accordance
with 46 CFR 178.330 using the latest assumed average weight per person.
If the existing wind heeling moment (MW) exceeds MPnew, the new draft
(Tnew) should be used to calculate the new wind heeling moment (MWnew)
in accordance with 46 CFR 178.330. The greatest of the new passenger or
wind heeling moments (MPnew or MWnew) is divided by MH1new to determine
the heel angle produced by the new heeling moment (Thetanew):
Thetanew = (Max (MPnew or MWnew))/MH1new
6. Using the heel angle (Thetanew) calculated in step 5, the height
of the heeled waterline above the upright waterline (iheeled-new) with
the new heeling moment is determined:
iheeled-new = tangent (Thetanew) x 2 x beam at the reference station
If iheeled-new is less than or equal to the height of the new
maximum allowable immersion mark calculated in step 2 (iupright-new),
the vessel would not be affected by an increase in assumed weight per
person. If the value exceeds (iupright-new), the number of passengers
should be reduced, or the passengers redistributed if the vessel has an
upper deck, and steps 1 through 6 repeated until the immersion mark
height (iheeled-new) is equal to or below the maximum allowable
(iupright-new).
B. Weight of Passengers and Crew
New provisions on the assumed average weight per person would be
added at Sec. Sec. 170.090 and 178.330 and are discussed in detail at
those sections of this preamble.
A new section, 171.045, would require each passenger vessel to
which subchapter S intact stability requirements now apply to use the
latest assumed average weight per person appropriate for the intended
service. This requirement would apply immediately on the effective date
of this rule, although stability verification would not be required
until ten years after the most recent stability information was issued,
as discussed under ``Vessel Stability'' above.
A new section, 178.215, would be added for vessels whose stability
letter is based on the results of an SST or PSST. This section would
require the owner or operator to provide the master with the total test
weight, the latest assumed average weight per person, and the maximum
number of persons permitted on board based on that weight.
C. Notes on Pontoon Vessels
The passenger capacity of pontoon vessels may not be affected if a
process is followed on every voyage to ensure that the total weight of
persons carried does not exceed the total test weight that was used to
determine stability compliance. One example of such a process would be
to weigh all the passengers as they board the vessel. The passenger
capacity will be affected if such a process is not followed and the
passenger weight used on the vessel's SST was based on either 140 or
160 pounds per person. If an SST was performed on the vessel using the
procedures contained in the Small Passenger Vessels Simplified
Stability Test Procedure for Pontoon Vessels on Protected Waters, the
results of that test, if valid, may be used to determine the new
capacity based on an assumed average weight that is appropriate for the
intended service. In many cases, however, a new SST will need to be
performed on pontoon passenger vessels. We propose adding the
requirement in Sec. 178.210(d) that a vessel that undergoes a PSST in
accordance with Sec. 178.340 must have a stability letter issued by
the Marine Safety Center.
D. SOLAS and Resolution A.265
Sections 170.248 and 171.001 would be revised by adding
requirements concerning new vessels, which will become effective when
certain amendments to the International Convention for the Safety of
Life at Sea (SOLAS) come into effect on January 1, 2009. Each new
vessel issued a SOLAS Passenger Ship Safety Certificate (PSSC) or a
SOLAS Cargo Ship Safety Construction Certificate would have to meet the
requirements of SOLAS chapter II-1, in addition to meeting the
requirements concerning watertight bulkhead doors in subpart H of part
170, and subdivision and damage stability requirements. For more
information on these revisions, see the discussion of Sec. 170.015 in
this preamble.
The amendments to SOLAS chapter II-1 primarily involve the
harmonization of subdivision and damage stability requirements for
passenger and cargo vessels. IMO Resolution A.265(VIII) (hereafter
A.265) was promulgated in 1973, and contains a probabilistic damage
stability method that is an alternative set of requirements for
passenger vessels instead of the traditional requirements contained in
existing SOLAS regulations. This optional use of A.265 has been
incorporated into U.S. regulations as ``Type III subdivision'', as an
alternative to Type I subdivision. However, we are not aware of any
U.S. flag vessel that has used Type III subdivision (A.265).
Since the SOLAS chapter II-1 amendments are effectively an update
of A.265, there is no need to keep A.265 as an option. Accordingly, we
propose removing Sec. Sec. 170.135, 171.075, and 171.082, which
address A.265 and Type III subdivision. While not replacing A.265, the
SOLAS chapter II-1 amendments would be accepted as an equivalent to
Type I subdivision.
[[Page 49253]]
Operating information associated with SOLAS chapter II-1 would be added
in new Sec. 170.140.
E. Corrections, Clarifications, and Updates
In the course of this rulemaking, we identified several regulations
that need to be updated or corrected, and others that could benefit
from clarification. While each of these proposed rule changes will be
addressed more fully in the ensuing section-by-section discussion, a
summary list of the affected sections--other than those discussed in
``SOLAS and Resolution A.265'' above, and ``American Bureau of
Shipping'' below--is as follows: Subpart 71.75 (heading); 71.75-1;
71.75-5; 115.900; 115.910; 115.920; 115.930; 170.001; 170.015; 170.070;
170.100; 170.105; 170.135; 170.160; 170.165; Part 170, subpart E
(heading); 170.170; 170.248; 170.270; 171.001; Part 171, subpart B
(heading); 171.050; Part 171, subpart C (heading); 171.060; 171.065;
171.070; 172.020; 172.070; 174.007; 174.100; 174.360; 176.900; 176.910;
176.920; 176.930; 178.115; 178.230; 178.310; 178.320; 178.325; 179.212
and 179.220.
F. American Bureau of Shipping
As one of the updates of regulations cited above, we propose
removing references to the American Bureau of Shipping (ABS) from
Sec. Sec. 170.075, 170.080, 170.085, 170.093, 170.100, 170.110,
170.120, 170.170, 170.173, 170.175, 170.180, 170.185, 170.190, and
170.235. Procedures that the ABS uses to perform reviews of certain
documents on behalf of the Coast Guard are contained in Navigation and
Vessel Inspection Circulars 10-82 and 3-97. Title 46 U.S.C. 3316
authorizes the Coast Guard to accept plan review, inspections, and
examinations performed by ABS for compliance with Coast Guard rules and
regulations. Delegation to a recognized classification society,
including ABS, of authority to perform certain functions on behalf of
Coast Guard is addressed in part 8 of 46 CFR.
G. Discussion of Proposed Amendments by Section
Sec. 71.25-50. Existing Sec. 71.25-50 would be redesignated as
Sec. 71.25-95, and a new section on stability verification would be
added as discussed in detail earlier in this preamble under ``Stability
Verification.''
Sec. 71.50-1. The definition of ``drydock examination'' would be
clarified to include the verification of the draft marks.
Subpart 71.75 (Heading) and Sec. Sec. 71.75-1 and 71.75-5
The heading of this subpart and two of its sections would be
revised to reflect that the SOLAS Passenger Ship Safety Certificate
(PSSC) is issued under SOLAS 1974 provisions, that a vessel receiving a
PSSC must comply with applicable SOLAS requirements, and that a vessel
does not need to actually be engaged in international service but be
certificated for international service to receive a PSSC.
Sec. 114.400. A definition of ``variable load'' would be added to
this section. The term is used in Sec. 115.112 for consideration of
the number of persons and weight permitted on a vessel regulated by
subchapter K.
The third subparagraph of the definition of ``length'' would be
deleted because it refers only to use with the requirements of part
179, which are not applicable to vessels inspected under subchapter K.
Sec. 115.110. Existing provisions of paragraph (d) of this section
list the factors OCMIs may consider when designating a permitted route.
This list would be modified by removing a part of subparagraph (d)(3)
and adding it as new subparagraph (d)(4) to explicitly call attention
to the OCMI's prerogative to consider a vessel's use in weather
conditions. This approach would emphasize the OCMI's authority to
include operational limits on a COI.
It is not possible to accurately enumerate all combinations of safe
environmental conditions on a given passenger vessel's COI. Instead,
the Coast Guard has traditionally restricted small passenger vessels to
operation in ``reasonable operating conditions.'' Defining reasonable
operating conditions involves the judgment of a professional mariner
having a certain degree of experience in the operation of a given size
and type of vessel, and direct knowledge of the conditions to which the
vessel is subject at any particular moment.
Limiting winds, speeds, and wave heights alone, however, cannot
adequately define a safe operating envelope for any vessel. Many other
conditions involving the vessel, its changing environment, and its
response to that environment, must be constantly observed, monitored,
interpreted, and responded to by the master in order to evaluate the
advisability of embarking on a voyage, or continuing on a voyage when
conditions progressively deteriorate. The master has the responsibility
to make this determination and is bound to do so using his or her best
skill and judgment.
This section, then, would emphasize the need for due diligence on
the part of the master with respect to the weather, along with the
other factors stipulated in this section, and would avoid unnecessary
limits on the discretion of masters.
Sec. 115.112. This section would be revised to explicitly list the
total weight of passengers, crew, and variable loads as factors an OCMI
may consider when determining the total number of persons and total
weight a vessel would be permitted to carry.
Sec. 115.505. This new section on stability verification would be
added as discussed in detail earlier in this preamble, under
``Stability Verification.''
Sec. 115.610. Two sentences would be added to paragraph (a) that
would add the verification of draft marks to the actions performed at a
drydock examination, as well as to ensure that the stability
information provided corresponds to the draft marks. A stability letter
often includes an operating restriction that limits the maximum draft
amidships. The vessel's draft marks (required by Sec. 122.602),
however, might refer to a point on the vessel that differs from that
used in the stability letter (for example, the bottom of the rudder or
propeller). So that the master can effectively verify that the loaded
vessel complies with the stability letter's maximum draft restriction,
draft or loading marks must be provided that allow the master to
compare the actual vessel draft with the maximum draft restriction. If
the maximum draft restriction in the stability letter does not
correspond to the information obtained from draft mark readings, a new
stability letter with a revised restriction and/or draft marks would be
needed.
Sec. Sec. 115.900, 115.910, 115.920, and 115.930. These sections
would be revised to reflect current practice and policy: (1) a
passenger vessel need not actually be on an international voyage to be
issued a SOLAS Passenger Ship Safety Certificate (PSSC) but simply be
certificated for international service; (2) the Commandant no longer
issues the PSSC or a SOLAS Exemption Certificate but authorizes the
local OCMI to do so.
Sec. 122.304. Forecasted visibility and weather conditions would
be added as factors to which vessel masters should give special
attention.
Sec. 122.315. This section would be augmented to emphasize the
master's duty to avoid overloading the vessel by taking into account
the weight of passengers, crew, and variable loads.
If appropriate for the vessel's operation, draft-sensing devices,
loading
[[Page 49254]]
marks, or draft marks would satisfy this requirement. Other means might
include: (1) Weighing passengers and crew individually, in groups, or
in total; or (2) estimating the total weight of each passenger and
including an appropriate margin.
Of course, if the number of passengers permitted by the COI is
significantly less than the number permitted by the stability letter, a
simple passenger count would be satisfactory.
Sec. 122.602. This section would be revised to require each vessel
that complies with subchapter S requirements to have loading marks or
draft marks. A stability letter or the stability information on a COI
or load line certificate normally includes freeboard and draft
restrictions on operation. While most vessels are already required to
have markings of some kind, this section would be revised to require
each vessel that complies with the requirements of subchapter S to have
loading marks or draft marks to permit the master to verify compliance
with the freeboard and draft restrictions.
Part 170, Subpart E. As one of the corrections cited above, this
subpart heading would be revised from ``Subpart E--Weather Criteria''
to ``Subpart E--Intact Stability Criteria'' to more accurately describe
the contents of the subpart.
Sec. 170.001. Paragraph (a) would be revised to clarify that the
exception provision is intended to apply only to a vessel's contracted
date. This exception was and is intended to allow retroactive
application of new damage stability standards in Sec. 171.080 and is
not intended to be applied to vessels other than those that are
``inspected'' or that are required to meet a standard contained in
subchapter S. A new subparagraph would also be added to paragraph (a)
to clarify that certain uninspected vessels may need to comply with
stability standards contained in subchapter S because they are issued a
load line certificate or are required to meet a stability standard
under subpart E of part 28 of this title.
Sec. 170.015. In December 2006, the International Maritime
Organization (IMO) adopted Resolution MSC.216(82), which is contained
in SOLAS chapter II-1, to harmonize subdivision and damage stability
regulations for passenger and cargo ships. Accordingly, SOLAS chapter
II-1 would be added to this central incorporation by reference section
and referenced in Sec. Sec. 170.140, and 170.248. The International
Code on Intact Stability, 2008 (2008 IS Code), which would be
referenced in Sec. 170.165, would also be added to Sec. 170.015.
Sec. 170.055. A definition of ``constructed'' similar to that used
in SOLAS for ``ships constructed'' would be added to this section for
clarification.
A definition of ``passenger fraction'' would also be added to this
section. Passenger fraction is the ratio of total passenger weight to
total displacement. This term would be used in revised Sec. 171.050,
which addresses intact stability requirements for a mechanically
propelled or a nonself-propelled vessel. It would also be used in
proposed Sec. 171.052 concerning stability criteria for vessels of
unusual proportion and form, specifically with regard to passenger
distribution criteria.
For some small passenger vessels built of light materials, the
passenger fraction can be as high as 50 percent. Such high passenger
fractions were not envisioned when existing intact stability criteria
were developed. Therefore, new requirements associated with passenger
fractions greater than 15 percent would be included in proposed Sec.
171.052.
Sec. 170.070. Paragraph (b) would be modified to clarify that
subpart C of part 170 applies to a vessel when the subchapter under
which it is inspected so directs.
Sec. 170.090. An erroneous reference to Sec. 170.098 would be
removed. Additionally, new provisions would be added governing the
calculation of an assumed average weight per person and allowances for
loads. These provisions replace the outdated assumed average weights
currently contained in Sec. 178.330.
The Coast Guard concurred with the NTSB's March 7, 2006
recommendation (Recommendation M-06-05, available in the docket) to
require that passenger capacity of domestic passenger vessels be
calculated based on a statistically representative average passenger
weight standard that is periodically updated. This section of the
proposed rule sets forth the formula used to calculate the average
weight per person published in the Federal Register on April 26, 2006,
which resulted in a figure of 185 pounds. The formula relies on the
most recent mean body weight data available from the National Health
and Nutrition Examination Survey (NHANES), which is expected to be
released periodically by the National Center of Health Statistics
(NCHS), Centers for Disease Control and Prevention (CDC). As the U.S.
population weight data is updated periodically by the CDC, the formula
proposed in this rule would compute the latest, statistically
representative, assumed average weight per person which will be used to
evaluate the stability of passenger vessels.
This notice and comment rulemaking provides the public the
opportunity to comment on the formula and calculation methodology the
Coast Guard proposes to use to determine the assumed average weight per
person, as well as subsequent adjustments to the average weight per
person using the same formula.
When the CDC/NHANES releases an update regarding the average weight
of adults in the United States, the Coast Guard, without further
rulemaking, would publish a notice in the Federal Register of the
availability of that data and the associated calculation of the average
weight per person, according to the proposed formula. Vessel owner/
operators and masters of passenger vessels would be expected to take
this new weight into consideration 60 days after the notice would be
published, and load their vessels accordingly.
The CDC NHANES program is a widely accepted and authoritative
source for weight data on the U.S. population. The 2004 CDC NHANES
report on surveys conducted in the United States between 1960 and 2002
stated that ``on average, both men and women gained more than 24 pounds
between the 1960s and 2002.'' According to this report, the mean weight
of children of all ages also increased substantially between 1963 and
2002. Teenage boys and girls aged 12-17 increased 15 and 12 pounds,
respectively, to mean weights of 141 and 130 pounds, respectively,
between the 1960s and 2002. (See CDC Advance Data, Number 347, dated
October 27, 2004, available at: http://www.cdc.gov/nchs/products/pubs/pubd/ad/ad.htm.)
For a 50/50 male/female mix and for adults between 20 and 74 years
old, an average weight of 177.7 pounds without clothing was calculated
from the data released in the NHANES report. An average weight of
approximately 185 pounds is obtained when the most current CDC average
weight of 177.7 pounds is added to the Federal Aviation Administration
(FAA) average clothing weight of 7.5 pounds. (See FAA Advisory Circular
(AC) 120-27E, Aircraft Weight and Balance Control, dated June 10, 2005,
paragraph 201 (superseding FAA AC 120-27D), available in the docket).
Approximately the same weight is obtained when the CDC average adult
weight gain of 24 pounds is added to the 160-pound average established
in the 1960s.
The accuracy of this result is further confirmed by the weights
recommended by government authorities in Canada and New Zealand. A 2003
New Zealand Civil Aviation Authority survey of passenger weights
reported an average
[[Page 49255]]
weight without carry-on bags or personal effects of 176.8 pounds.
Transport Canada, Canada's Federal transportation agency, recommends
assuming an average weight of 182.5 pounds per person in summer and
188.5 pounds in winter for small aircraft. Transport Canada's weights
included an allowance for clothing, but not luggage. (These documents
are available in the docket.)
The Coast Guard also considered a report by the Coast Guard
Passenger Weight Working Group. The report, dated May 19, 2005,
available in the docket (and mentioned earlier in this preamble under
``Background and Purpose''), used an average passenger weight of 190
pounds to assess the potential impacts of regulatory changes. This
average passenger weight was based on the FAA's use in their Advisory
Circular AC 120-27D of an average winter passenger weight of 189
pounds, not including carry-on bags. It was noted in the report to be
conservative. The current FAA Advisory Circular, AC 120-27E, also uses
an average winter passenger weight of 189 pounds without carry-on bags,
and includes allowances of 10 pounds each for clothing and personal
items. (See AC 120-27E, paragraphs 201 and 205, and Tables 2-1 and 2-
2.)
The FAA arrived at the standard average passenger weights used in
AC 120-27E after performing certain mathematical calculations using the
CDC's NHANES data, rather than relying on the average weights published
by the CDC in Advance Data Number 347. (See AC 120-27E, Appendix 2).
However, to achieve safe vessel stability standards without restricting
passenger vessel operators unnecessarily, the most accurate weight data
available must be subjected to sound naval architecture analysis,
rather than simply mimicking the product of calculations unrelated to
vessel stability. Reliance on CDC data to update pertinent vessel
stability regulations now and in the future satisfies the need for
accurate weight information.
Additional Considerations of the Assumed Average Weight per Person for
Vessels on Protected Waters
The current Coast Guard regulation associated with the performance
of a simplified stability test (SST) permits the weight of one person
to be considered as 63.5 kilograms (140 pounds) if the vessel operates
exclusively on protected waters and the passenger load consists of men,
women, and children (46 CFR 178.330(a)(4)(ii)). Experience has shown
that many vessels whose stability is based on this passenger weight
standard do operate with such a mix of passengers. Many of these
vessels, however, occasionally carry a passenger load consisting
predominantly of adults, and some vessels do so most of the time.
We propose removing the weight standard currently used in Sec.
178.330 and, instead, adding provisions to Sec. 170.090 that would
utilize data from the most recent NHANES survey to arrive at a more
accurate average weight per person. However, the proposed rule would be
unnecessarily inflexible if it did not consider vessels that normally
operate with a mix of men, women, and children on protected waters. To
address cases where the owners of such vessels can effectively manage
vessel stability to ensure that their vessels are not overloaded, the
proposed rule permits the OCMI to agree, in writing, to the use of
other values. For example, excursion vessels whose businesses cater to
families or child-oriented themes may be able to show that they will
carry a high percentage of children, who weigh far less than the
assumed average weight per person of adults.
As discussed above, fundamental differences between the marine and
aviation fleets make a broad and uncritical adoption of FAA passenger
weight analysis unrealistic. With the OCMI's written agreement,
however, if feasible and appropriate for their service, some vessels
may be able to utilize FAA methods to determine the weight of
passengers and bags. Those methods are described in FAA AC 120-27E.
Another possible solution would allow the vessel operator to manage
stability by weighing each passenger or all passengers together prior
to embarkation; or asking each passenger his or her weight, adding an
appropriate margin for clothing or understated weight, and verifying
that the passenger weight tally does not exceed the total permitted
passenger weight.
Sec. 170.105. This section would be revised to reflect the correct
application of subchapter T vessels.
Sec. 170.135. We propose removing this section concerning Type III
subdivision in its entirety. See the discussion earlier in this
preamble under ``SOLAS and Resolution A.265.''
Sec. 170.140. See the discussion of Sec. 170.015 in this
preamble.
Sec. 170.160. To correct the erroneous reference to Sec. 178.330,
paragraph (c)(3) would be revised to indicate that performance of any
of the simplified stability tests described in part 178 would be an
acceptable alternative to the demonstration of compliance with the
standards of subpart E. Paragraph (d) would be added so that vessels
complying with applicable provisions of the International Code on
Intact Stability, 2008 (2008 IS Code), enunciated in new Sec. 170.165,
would be considered equivalent to complying with the requirements of
Sec. Sec. 170.170 and 170.173.
Sec. 170.165. This section would be added to implement the
Introduction and Part A of the 2008 IS Code for vessels certificated
for international service. Paragraph (a) of this section would codify
the requirements that are expected to be adopted as amendments to both
the 1988 Load Line Protocol and SOLAS for vessels to which either of
these IMO agreements apply.
Paragraph (b) would make compliance with the 2008 IS Code an
alternative for vessels to which paragraph (a) does not apply.
Sec. 170.170. This section would be revised to correct a
deficiency in the current regulations. Section 170.170 contains what
are commonly referred to as ``wind heel'' requirements for intact
stability. The formulation for a minimum required metacentric height
(GM) currently contained in this section facilitated easy evaluation
and verification that the vessel does not exceed the limiting angle of
14 degrees, or one-half the freeboard to the deck edge, without the
more involved process of calculating righting and heeling arm curves to
determine the heel angle. While this formulation reflects a common
simplification that was and is appropriate for conventional ships--and
is simple to compute--there exist some unusual combinations of beam,
freeboard, wind profile area, and metacentric height for which the
existing equation is not appropriate.
For example, calculations submitted to the Marine Safety Center
(MSC) for a vessel with low freeboard and a high wind profile area a
few years ago showed compliance with the minimum metacentric height
requirement, but the MSC's verifying calculations showed the vessel
would capsize when the required wind heeling moment was applied. The
reason for this discrepancy was that the angle of deck edge submergence
was less than 5 degrees, which caused the maximum righting arm to occur
at such a low angle that the required righting moment to maintain
equilibrium could not be obtained.
The proposed change would correct this deficiency by requiring the
calculation of righting arm curves. This change would implement the
intent of this regulation, which is to restrict the angle of heel
caused by wind pressure that varies according to stability route.
[[Page 49256]]
Sec. 170.248. Paragraph (a) of this section would be revised and a
new paragraph would be added to invoke SOLAS watertight bulkhead door
requirements on vessels issued a SOLAS safety certificate in addition
to the specific requirements already contained in part 170.
Sec. 170.270. This section would be revised to update the ASTM
standards incorporated by reference.
Part 171 (subpart headings). Subparts B and C would be re-titled
``Intact stability'' and ``Subdivision and damage stability'',
respectively, to more accurately describe the contents of those
subparts.
Sec. 171.001. This section would be modified to require a
passenger vessel certificated for international service and constructed
on or after January 1, 2009, to comply with the newly revised
regulations of SOLAS chapter II-1. For the purposes of this section,
those SOLAS requirements are equivalent to the requirements of part 171
when applied to such vessels. This section would also be modified to
reflect the current application of part 171 to certain vessels
inspected under subchapter T.
Sec. 171.012. This new section would be added to incorporate by
reference into part 171 SOLAS chapter II-1 and the 2008 IS Code. SOLAS
chapter II-1 would be referenced in Sec. 171.001 and the 2008 IS Code
in Sec. 171.050.
Sec. 171.045. See the discussion of this section under ``Weight of
Passengers and Crew'' earlier in this preamble.
Sec. 171.050. The heading of this section would be revised to more
accurately describe the contents of the section as relating
specifically to passenger heel. The revised section would also
establish the minimum standard for intact stability of a mechanically
propelled or nonself-propelled vessel as an angle of heel not greater
than 14 degrees, or the angle of heel at which the deck edge is first
submerged, whichever is less. Angle of heel is more accurate than the
current standard, which relies upon a simplified calculation of
metacentric height. Moreover, the current standard was intended to
approximate angle of heel, and was adopted because angle of heel
calculations were considered in the past to be too onerous for purposes
of this regulation. With current computing capabilities, however, use
of the more accurate standard would be appropriate. Additionally,
paragraph (c) would be added so that compliance with the requirements
in the 2008 IS Code for passenger ships would be considered equivalent
to complying with the provisions of paragraph (a) governing passenger
heeling.
Sec. 171.052. Technological improvements in vessel design and
construction have resulted in some vessels that weigh significantly
less than their more conventional predecessors. Intact stability
criteria for passenger vessels did not consider vessels of light
construction, for which the total weight of passengers and their
effects could constitute 50 percent or more of the total displacement
weight. Studies of passenger distribution have been performed that show
that the standard currently contained in Sec. 170.173 does not provide
a margin of safety for vessels of light construction to the same degree
as for those vessels for which the standard was developed.
Accordingly, this new section would be added to specify stability
requirements for vessels of unusual proportion and form in order to
withstand certain operating conditions, and also to take into account
variations in passenger loading. The addition of passenger distribution
criteria will bring the stability analysis of domestic vessels in line
with the methodology employed by the 2008 IS Code, and account for a
wide variety of hull forms not envisioned by the current regulations.
See the discussion of ``passenger fraction'' at Sec. 170.055.
Sec. 171.060. We propose removing the text concerning Type III
subdivision. See the discussion earlier in this preamble under ``SOLAS
and Resolution A.265.''
Sec. 171.065. The second equation in this section is erroneous,
and would be corrected. When subchapter S regulations were originally
published in 1983, the equation was correct; however, a printing
error--changing the term P1 to P--was introduced in subsequent editions
of the CFR. We propose taking this opportunity to correct the error.
Sec. 171.070. The current regulation is silent concerning the
minimum spacing of watertight bulkheads for vessels less than 143 feet
in length that make international voyages. These vessels are normally
required to meet SOLAS requirements for such spacing, which are the
same as for vessels that are 143 feet or more in length. We propose
taking this opportunity to correct this omission.
Sec. 171.075. We propose removing this section concerning Type III
subdivision in its entirety. See the discussion earlier in this
preamble under ``SOLAS and Resolution A.265.''
Sec. 171.080. This section, which specifies damage stability
standards for vessels with Type I or Type II subdivision, would be
revised by removing ``75 kilograms'' as an assumed average passenger
weight, and referring to Sec. 170.090 instead, which uses the most
current NHANES data.
Sec. 171.082. We propose removing this section--regarding Type III
subdivision--in its entirety. See the discussion earlier in this
preamble under ``SOLAS and Resolution A.265.''
Sec. 172.020. This section would be revised to include MARPOL 73/
78 as a standard to be incorporated by reference.
Sec. 172.070. This section would be revised to clarify the date
after which vessels must comply with the intact stability requirements
of the International Convention for the Prevention of Pollution from
Ships, 1973, (as amended by the Protocol of 1978 (MARPOL 73/78) Annex
I). The revised section would also reflect the renumbering of
regulations that occurred in MARPOL 73/78.
Sec. 174.007. This new section would be added to incorporate by
reference SOLAS chapter II-1. SOLAS chapter II-1 would be referenced in
Sec. 174.360 for the reasons discussed below.
Sec. 174.100. This section would be revised to update the ASTM
standards incorporated by reference.
Sec. 174.360. We are taking the opportunity to update this
section, as cited above. The amendments to SOLAS chapter II-1 discussed
earlier in this preamble under ``SOLAS and Resolution A.265'' also
apply to dry cargo ships constructed on or after January 1, 2009. Since
Sec. 174.360 applies to dry cargo ships built before this date as
well, we propose updating this section to properly address the
requirements that are applicable to dry cargo ships constructed both
before and after January 1, 2009. See the discussion at Sec. 170.015
earlier in this preamble.
Sec. 175.400. Definitions of ``variable load'' and ``total test
weight'' would be added to this section. Both terms are used in Sec.
176.112 for consideration of the number of persons and weight permitted
on a vessel inspected under subchapter T, and in the simplified
stability proof test set out in Sec. 178.330.
Sec. 176.110. As discussed in Sec. 115.110 of this preamble, this
section lists the factors OCMIs may consider when designating a
permitted route.
Sec. 176.112. This section would be revised to explicitly list the
total weight of passengers, crew, and variable loads as factors an OCMI
may consider when determining the total number of persons and total
weight a vessel would be permitted to carry.
Sec. 176.505. This new section on stability verification would be
added as discussed in detail earlier in this preamble under ``Stability
Verification.''
[[Page 49257]]
Sec. 176.610. Two sentences would be added to paragraph (a) that
would add the verification of draft marks to the actions performed at a
drydock examination, as well as make sure that the stability
information provided corresponds to the draft marks provided. See the
discussion of Sec. 115.610 earlier in this preamble.
Sec. 176.900, 176.910, 176.920, and 176.930. See the discussion of
Sec. Sec. 115.900, 115.910, 115.920, and 115.930 in this preamble,
where we discuss proposed revisions to reflect current practice and
policy regarding SOLAS certificates.
Sec. 178.115. This section would be modified to allow application
of subpart B to existing vessels.
Sec. 178.210. Paragraphs (a), (b) and (c) of this section would be
revised to clarify what stability information is necessary for a vessel
to meet intact stability standards, and a new paragraph (d) would add
the requirement for an MSC-issued stability letter, as discussed in
``Notes on Pontoon Vessels'' above.
Sec. 178.215. See the discussion earlier in this preamble under
``Weight of Passengers and Crew.''
Sec. 178.230. Paragraph (b) of this section would be revised, and
a new paragraph (c) added, to expand the information required of
vessels showing compliance with subchapter S, including information
required in part 170 of that subchapter.
Sec. 178.310. This section would be revised to clarify the intact
stability requirements for vessels subject to subchapter S, as well as
those that can use subchapter T requirements. In addition, we would add
the option of another requirement as stipulated by the Commanding
Officer, Marine Safety Center. Finally, the existing option to use an
SST for vessels carrying not more than 150 passengers would be removed,
as the general applicability of subchapter T (see 46 CFR 175.100)
already excludes vessels carrying more than 150 passengers. A figure
would be added to assist users in understanding these requirements.
Sec. 178.320. We propose clarifying in this section that
subchapter S stability requirements, or requirements determined by the
Commanding Officer, Marine Safety Center, apply to all inspected
passenger vessels that are not explicitly described and excepted in
Sec. 178.320. For vessels that are described in this section, the
performance of a simplified stability test is an option. However, for
vessels carrying 49 passengers or fewer, the cognizant OCMI has the
authority to require compliance with subchapter S standards, or to
apply another standard in lieu of the simplified stability test.
Specifically, we propose revising redesignated paragraph (b) to clarify
that a vessel whose stability cannot be adequately assessed by other
means must be shown by design calculations to meet the applicable
intact stability requirements of subchapter S.
For readability, we propose moving the explanation of the
simplified stability test to the beginning of the section rather than
the end. For consistency, we propose moving from Sec. 178.325 the list
of restrictions for a monohull sailing vessel undergoing a simplified
stability test to this section. Further, we propose adding the option
of an SST for certain flush-deck non-sailing catamarans.
We also propose adding to Sec. 178.320 restrictions on the
application of a pontoon simplified stability proof test (PSST). These
proposed restrictions on the application of the PSST are based in part
on a study of twin hull pontoon passenger vessels, entitled Study on
the U.S. Domestic Intact Stability and Subdivision Requirements for
Twin Hull Pontoon Passenger Boats Less Than 65 Feet in Length, which is
available in the docket as indicated in the ADDRESSES section. A table
would be added to clarify applicability requirements.
Sec. 178.325. For consistency, we propose revising this section to
move the list of restrictions for a monohull sailing vessel undergoing
an SST to Sec. 178.320. In addition, we would clarify that the
performance of a simplified stability proof test is optional, as
provided in Sec. 178.320.
Sec. 178.330. New provisions would be added governing the assumed
average weight per person to be used as well as allowances for loads on
small passenger vessels. The latest assumed average weight per person
would replace the outdated assumed average weights previously contained
in Sec. 178.330, and would refer to Sec. 170.090, which would be
based on the latest weight data available from the National Center for
Health Statistics' National Health and Nutrition Examination Survey
(NHANES). For further information on the basis for these revisions, see
the discussion of Sec. 170.090 in this preamble.
Sec. 178.340. This section would be revised to codify existing
policy on pontoon vessel intact stability, clarify those requirements,
and improve consistency of application. These revisions include a
requirement that when a PSST is performed, each fuel, water, and sewage
tank be full, and that the simulated load of passengers, crew, and
other loads be distributed to provide normal operating trim.
Additionally, procedural changes to improve the accuracy of the test
would be made based on recent detailed analyses of multihull stability
characteristics that were not previously available. The organization of
the revised section would align with that of Sec. 178.330, which
concerns the SST generally for monohull vessels.
Sec. 179.15. This new section would be added to incorporate by
reference SOLAS chapter II-1. SOLAS chapter II-1 would be referenced in
Sec. 179.212 for the reasons discussed below.
Sec. 179.212. This section has been revised to clarify that the
``simplified'' subdivision requirements of part 179 can only be used in
conjunction with the ``simplified'' intact stability requirements of
part 178, and vice versa. A new paragraph would also be added to this
section to require a passenger vessel constructed on or after January
1, 2009, intended to make international voyages, and issued a SOLAS
PSSC, to meet applicable requirements of SOLAS chapter II-1 instead of
the subdivision and damage stability requirements of this section. For
the purposes of this section, those SOLAS requirements are equivalent
to the requirements of this part when applied to such vessels. For
additional information, please see the discussion in Sec. 171.001 of
this preamble.
Sec. 179.220. To enhance reliability and consistency, we propose
adding a paragraph requiring that the calculations specified by this
section be submitted to the Marine Safety Center for review and
approval. In addition, we are taking this opportunity to correct the
use of confusing, repeated symbols in paragraph (a).
Sec. 185.304. Forecasted visibility and weather conditions would
be added as factors to which vessel masters should give special
attention. A new paragraph would also be added requiring masters of
vessels not greater than 65 feet in length to have means available to
monitor marine broadcasts.
Sec. 185.315. A new paragraph would be added to this section to
emphasize the master's duty to avoid overloading the vessel by taking
into account the weight of passengers, crew, and variable loads. Please
see the detailed discussion in Sec. 122.315 of this preamble regarding
satisfactory means by which the master may accomplish this.
Sec. 185.602. This section would be revised to require each vessel
that complies with subchapter S requirements to have loading marks or
draft marks. A stability letter or stability information placed on a
COI or load line certificate normally includes freeboard and draft
restrictions on operation.
[[Page 49258]]
While a very high proportion of vessels already have marks, every
vessel whose stability approval was issued in accordance with
subchapter S should have loading or draft marks to permit the master to
verify compliance with the freeboard and draft restrictions. See the
discussion of Sec. 115.602 earlier in this preamble.
VI. Incorporation by Reference
Material proposed for incorporation by reference appears in
Sec. Sec. 170.015, 171.012, 172.020, 174.007 and 179.15. You may
inspect this material at U.S. Coast Guard Headquarters where indicated
under ADDRESSES. Copies of the material are available from the sources
listed in Sec. Sec. 170.015, 171.012, 172.020, 174.007 and 179.15.
Before publishing a binding rule, we will submit this material to
the Director of the Federal Register for approval of the incorporations
by reference.
VII. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we have summarized
our analysis based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget (OMB) has not reviewed it under that Order. Nevertheless, we
have prepared a Preliminary Regulatory Analysis of potential costs and
benefits which is available in the docket where indicated under the
ADDRESSES section of this preamble. A summary of the analysis follows:
The Coast Guard proposes to amend its regulations governing
stability requirements and the maximum number of passengers that may
safely be permitted on board a vessel inspected and certificated under
46 CFR subchapters H, K or T. To calculate vessel stability and the
maximum number of persons allowed on board, Coast Guard regulations
currently use an average weight per person of either 160 or 140 pounds,
depending on vessel route and mix of passengers. These figures were set
in the 1960s. In 2004, however, the Centers for Disease Control and
Prevention (CDC) released findings that the average mean body weight
for men and women had increased by 24 pounds since the 1960s.
Therefore, this notice of proposed rulemaking (NPRM) is intended to
update the average weight per person used in both intact stability and
subdivision and damage stability compliance for vessels, and also in
calculating the maximum number of passengers permitted on board.
Based on Coast Guard data, we estimate this proposed rule would
affect 6,073 inspected passenger vessels. These vessels would all be
required to have updated stability letters. Of these vessels, 1,140
would require both a new stability test and a reduction in maximum
passenger load to obtain an updated stability letter. Additionally,
3,542 vessels would require either a new stability test or a stability
recertification, but would not need to reduce maximum passenger load.
Finally, 1,391 vessels would require no additional stability test or
recertification and no reduction in passenger load in order to receive
an updated stability letter.
We estimate the non-discounted first-year and recurring costs to be
about $10 million and $2.5 million, respectively. We estimate the
discounted ten-year cost of this rulemaking to be $24.6 million at a
seven percent discount rate and $28.7 million at a three percent
discount rate. The annualized costs over the ten-year period are $3.5
million at a seven percent discount rate and $3.36 million at a three
percent discount rate.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
An Initial Regulatory Flexibility Analysis (IRFA) that examines the
impacts of the rule on small entities is discussed below. Under section
603 of the Regulatory Flexibility Act, an IRFA must describe the impact
of the proposed rule on small entities and contain the following:
1. A description of the reasons why action by the agency is being
considered;
2. A succinct statement of the objectives of, and legal basis for,
the proposed rule;
3. A description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
4. A description of the projected reporting, recordkeeping and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record;
5. An identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap or conflict with the
proposed rule; and,
6. A description of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities.
We have discussed many of these issues at length in other sections
of the NPRM. We refer the reader to the applicable sections of the NPRM
for more detail. We have prepared an IRFA of the potential impacts of
the proposed rule on small entities which is available in the docket
where indicated under the ADDRESSES section of this preamble. A summary
of the IRFA follows:
Number of Small Entities Affected
Entities that would be affected by the proposed rule are owners and
operators of U.S.-inspected, U.S. flag passenger vessels. To determine
which of the affected entities are small, we used public and
proprietary databases to determine employee size and annual revenues of
the entities and the North American Industry Classification System
(NAICS) codes to classify the entities. We then applied the United
States Small Business Administration (SBA) criteria for classifying
small businesses to the associated NAICS code for a particular entity,
and were able to determine whether the entity would be classified as
small.
Of the affected population of approximately 6,073 vessels (owned by
5,760 U.S. entities) that would comply with this proposed rule, we took
a sample of 156 small companies from the total population of companies
that potentially own or operate these vessels. We researched
approximately 900 companies in order to obtain the 156 small businesses
that were required to meet our confidence level. We excluded companies
that did not have the requisite data to allow us to make a
determination on whether a company was small.
Types of Entities Affected
We classified small businesses by the NAICS code for those
businesses that had known company information, and determined whether a
business was small by using the SBA size standards matched to the NAICS
codes. We analyzed businesses with 26 different
[[Page 49259]]
NAICS codes and found that about 75 percent of passenger vessels were
owned by companies who operate recreational and sightseeing businesses.
Of the small businesses that we analyzed, 38 percent are classified as
``scenic and sightseeing transportation'' companies. ``Recreation and
amusement'' companies represent about 11 percent of the companies.
``Travel agencies'' and ``tour operators'' represent 11 percent. The
remaining 25 percent of the small businesses that we analyzed are
comprised of 21 different NAICS codes. The largest percent of the
remaining 25 percent were ``inland water transportation'' and ``boat
dealers.''
To estimate the impact on small businesses, we identified the
vessels operated by each company. These vessels were assessed by naval
architects as to the likely impact of an updated average weight per
person on their stability calculations. We then categorized the vessels
into cost categories similar to those in Table 1 which are further
detailed in the Preliminary Regulatory Analysis and the Initial
Regulatory Flexibility Analysis (available in the docket).
Impact of Updated Passenger Weight Standard on Small Businesses by Category
----------------------------------------------------------------------------------------------------------------
No. of Passenger
Category Description of impact vessels reduction
----------------------------------------------------------------------------------------------------------------
1........................................... Vessels that would incur a reduction in 34 315
passenger capacity, based on new
stability tests or calculations, or
based on existing stability test data,
and would incur re-certification costs
for intact and subdivision and damage
stability.
2 & 3....................................... Vessels that would not incur a reduction 91 0
in passenger capacity, but would have
restrictions on the number of
passengers on higher decks based on new
or existing stability test data or
calculations, and would incur
recertification costs, and vessels that
would not incur a reduction in
passenger capacity, but would require
new stability information to be issued
based on new or existing stability
tests or calculations, and would incur
recertification costs.
4........................................... Vessels that would not incur a reduction 31 0
in passenger capacity, based on metrics
that show that the effect of increased
assumed passenger weight would be
sufficiently small that no
recertification action would be
necessary.
-------------------------
Totals.................................. ........................................ 156 315
----------------------------------------------------------------------------------------------------------------
We estimated the cost impact on annual revenue for each entity by
category of vessel cost. The analysis shows that 81 percent of affected
small entities would have an impact of less than one percent of
estimated revenue and 19 percent of affected small entities would have
an impact of one to two percent of revenue.
At this time, the Coast Guard is seeking comments on whether this
proposed rule would have a significant economic impact on a substantial
number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Other Federal Rules
The requirements in this proposed rule do not overlap with
provisions of any other agency.
Regulatory Alternatives
The goal of this NPRM is to establish the appropriate measures when
conducting stability tests. The no-action alternative is to ignore the
increase in weight of the average American and to calculate stability
with inaccurate data.
A possible alternative is to allow the OCMI to deal with each
individual vessel on a case-by-case basis without any national
standard. The likely result would be a non-uniform weight standard,
with vessels that change location failing to meet local requirements.
We address the projected reporting and recordkeeping requirements
as well as the type and professional skills necessary for the
preparation of reports and records in the cost analysis and Paperwork
Reduction Act sections of this report.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. William Peters, U.S. Coast
Guard, Office of Design Engineering Standards, Naval Architecture
Division (CG-5212), telephone 202-372-1371. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined
in 5 CFR 1320.3(c), a ``collection of information'' comprises
reporting, recordkeeping, monitoring, posting, labeling, and other,
similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
This proposed rule would call for revisions of two collections of
information under the Paperwork
[[Page 49260]]
Reduction Act of 1995 (44 U.S.C. 3501-3520). 46 CFR 78.121, 115.306,
170.120, and 176.306 require the collection of information. The updated
average weight per person would require revisions of the existing OMB-
approved collections of information.
OMB Control Number: 1625-0064.
Title: Plan Approval and Records for Subdivision and Stability
Regulations--Title 46 CFR Subchapter S.
Summary of the Collection of Information: This collection of
information requires owners, operators, or masters of certain inspected
vessels to obtain and/or post various documents as part of the Coast
Guard commercial vessel safety program. The collection also requires
the reporting of certain information.
Need for Information: The Coast Guard needs this information to
determine whether an entity meets the statutory requirements.
Proposed Use of Information: The Coast Guard would use this
information to determine whether an entity meets the statutory
requirements.
Description of the Respondents: Owners, operators, and/or masters
of passenger vessels.
Burden of Response: The burden of this proposed rule for this
collection of information is the provision of documentation of
stability analysis and posting of a stability letter. This collection
of information applies to all vessels that comply with subchapter S.
This includes vessels inspected under 46 CFR subchapter H or K and some
vessels inspected under subchapter T. We estimate 1,874 vessels comply
with subchapter S. During this period, we estimate the total number of
respondents is 1,388.
Estimate of Total Annual Burden: The existing OMB-approved total
annual burden is 4,539 hours. The revision includes a one-time annual
burden that would be approximately 5,791 hours. The total annual burden
is estimated to be 10,330.
OMB Control Number: 1625-0057.
Title: Small Passenger Vessels--Title 46 Subchapters K and T.
Summary of the Collection of Information: This collection of
information requires information necessary for the proper
administration and enforcement of the program on safety of commercial
vessels as it affects small passenger vessels.
Need for Information: The Coast Guard needs this information to
determine whether an entity meets the statutory requirements.
Proposed Use of Information: The Coast Guard would use this
information to determine whether an entity meets the statutory
requirements.
Description of Respondents: Owners, operators, and/or masters of
small passenger vessels.
Burden of Response: The burden of this proposed rule for this
collection of information is the posting of a stability letter, as
required by 46 CFR 115.306 (subchapter K) or 46 CFR 176.306 (subchapter
T). Of the 5,487 respondents, there are 3,669 vessels inspected under
46 CFR subchapters K or T that would need to post a new stability
letter.
Estimate of Total Annual Burden: The existing OMB-approved annual
burden, related to the posting of a stability letter, is 11 hours. The
revision includes a one-time increase in the annual burden of
approximately 305 hours to post the new stability letter.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to the Office of
Management and Budget (OMB) for its review of the collection of
information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
requirements for this collection of information become effective, we
will publish notice in the Federal Register of OMB's decision to
approve, modify, or disapprove the collection.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
The proposed rule would be issued under authority conferred on the
Coast Guard by Chapter 33 of Title 46 United States Code (U.S.C.).
Chapter 33 of Title 46, U.S.C. describes the regimen of regulation for
vessels ``subject to inspection'' by the U.S. Coast Guard. Vessels
``subject to inspection'' is a term of art developed by Congress. It
refers to various types of vessels listed in 46 U.S.C. 3301 subject to
a comprehensive, permissive regimen of Federal regulation. By contrast,
``uninspected vessels,'' such as most commercial fishing vessels and
recreational vessels, are still subject to Coast Guard regulation, but
under a much less comprehensive and prescriptive scheme of Federal
regulation. The U.S. Supreme Court has long recognized the preemptive
impact of Federal regulations in the field of inspected vessels. See,
for example, Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and
Locke, 529 U.S. 113-116. Therefore, Coast Guard regulations issued
under the authority of 46 U.S.C. 3306 in the areas of design,
construction, alteration, repair, operation, superstructures, hulls,
fittings, equipment, appliances, propulsion machinery, auxiliary
machinery, boilers, unfired pressure vessels, piping, electric
installations, accommodations for passengers and crew, sailing school
instructors, sailing school students, lifesaving equipment and its use,
firefighting equipment, its use and precautionary measures to guard
against fire, inspections and tests related to these areas and the use
of vessel stores and other supplies of a dangerous nature have
preemptive effect over state regulation in these fields.
Title 33 U.S.C. 3301 subjects passenger vessels to Coast Guard
inspection, and 33 U.S.C. 3306 provides the Coast Guard with clear
authority to establish safety regulations for such vessels. Our
proposed rule would revise and update stability standards for passenger
vessels subject to Coast Guard regulations covered by 46 CFR
subchapters H, K or T. These factors support the Coast Guard's
determination herein that States may not regulate within the categories
covered by this proposed rule, and the Coast Guard hereby determines
that if States were to regulate on these subjects it would frustrate
the purpose of these rules, which is to establish a uniform national
scheme as directed by Congress. Therefore, under E.O. 13132, this
proposed rule would not have an implication under federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In
[[Page 49261]]
particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 or more in any one year.
Though this proposed rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
To determine whether the proposed rule would have an impact on any
Indian tribal governments, we queried MISLE to obtain a list of
inspected vessels potentially owned or operated by Indian tribes. The
list was augmented by a thorough Internet search. The electronic file
for each vessel was then examined for any relationship to a tribal
organization. Additionally, we questioned Coast Guard field units to
determine whether the cognizant OCMIs were aware of any tribally owned
vessels.
Although we found one vessel that was confirmed to be owned by an
Indian tribe, there would be no impact to that vessel from this
proposed rule. Consequently, we determined that this proposed rule does
not have tribal implications under Executive Order 13175, Consultation
and Coordination with Indian Tribal Governments, because it would not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
This proposed rule uses the following voluntary consensus
standards: American Society for Testing and Materials (ASTM) and
Military Specification, Naval Publications and Forms Center, Code 1052.
The proposed sections that reference these standards and the locations
where these standards are available are listed in Sec. Sec. 170.015,
170.270, 174.007 and 174.100.
If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, please identify them in a comment
to the Docket Management Facility at the address under ADDRESSES and
explain why they should be used.
M. Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination under the Commandant Instruction that
this action is not likely to have a significant effect on the human
environment. A preliminary ``Environmental Analysis Check List''
supporting this preliminary determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 114
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 115
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 122
Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.
46 CFR Part 170
Marine safety, Reporting and recordkeeping requirements, Vessels,
Incorporation by reference.
46 CFR Part 171
Marine safety, Passenger vessels, Incorporation by reference.
46 CFR Part 172
Cargo vessels, Hazardous materials transportation Marine safety,
Incorporation by reference.
46 CFR Part 174
Marine safety, Reporting and recordkeeping requirements, Vessels,
Incorporation by reference.
46 CFR Part 175
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 178
Marine safety, Passenger vessels.
46 CFR Part 179
Marine safety, Passenger vessels, Incorporation by reference.
[[Page 49262]]
46 CFR Part 185
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 71, 114, 115, 122, 170, 171, 172, 174, 175, 176,
178, 179, and 185 as follows:
PART 71--INSPECTION AND CERTIFICATION
1. The authority citation for part 71 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 122234, 45 FR 58801, 3 CFR, 1980 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.
2. Redesignate Sec. 71.25-50 as Sec. 71.25-95, and add new Sec.
71.25-50 to read as follows:
Sec. 71.25-50 Stability verification.
(a) At each annual inspection, the owner or operator of each vessel
must demonstrate:
(1) That the stability information required under subpart D of part
170 of this title has been re-examined and confirmed to be appropriate
for the loading and service intended; and,
(2) The means by which the master complies with the requirements of
Sec. Sec. 78.17-20 and 78.17-22 of this title.
(b) The owner or operator must verify, using current vessel
measurements, that the vessel complies with the stability requirements
of subchapter S of this chapter--
(1) Not more than ten years after the most recent verification
required by this paragraph or issuance of stability information
required by Sec. 170.120 of this title; and,
(2) Following any modification or alteration that may affect the
validity of the stability information required by Sec. 170.120 of this
title.
(c) For the purposes of paragraph (b) of this section--
(1) Calculations necessary for the verification must satisfy the
requirements of Sec. 170.090 of this title regardless of the contract
date of the vessel;
(2) The vessel measurements must include a deadweight survey to
verify the lightweight displacement and longitudinal center of gravity
used to show compliance with the requirements of Subchapter S of this
chapter; and,
(3) If the results of a deadweight survey show a deviation from the
lightweight displacement exceeding 2 percent, or a deviation from the
longitudinal center of gravity exceeding 1 percent of the length
between perpendiculars (LBP) as defined in Sec. 170.055 of this title,
then--
(i) A stability test must be conducted in compliance with the
requirements of subpart F of part 170 of this title, except that the
test may not be dispensed with on the basis of approved results of a
sister vessel; and
(ii) The verification required by paragraph (b) of this section
must use the newly determined lightweight displacement and centers of
gravity.
(d) The Commanding Officer, Marine Safety Center or the cognizant
OCMI, whichever issued the vessel's stability information, may dispense
with or authorize a change or deferral of the requirements of paragraph
(b) of this section when the vessel's stability can be adequately
assessed by alternate means.
Sec. 71.50-1 [Amended]
3. In Sec. 71.50-1, add at the end of the definition of ``Drydock
examination'' the words ``, including verification of the accuracy of
draft marks''.
4. Revise the heading to subpart 71.75 to read as follows:
Subpart 71.75--Certificates Under the International Convention for
Safety of Life at Sea, 1974
Sec. 71.75-1 [Amended]
5. In Sec. 71.75-1(a), insert the words ``or certificated for'',
after the word ``on''.
Sec. 71.75-5 [Amended]
6. In Sec. 71.75-5--
a. In paragraph (a), add the words ``or certificated for'', after
the word ``on'' and, immediately before the word ``Passenger'', add the
word ``SOLAS''.
b. In paragraph (b), add the words ``or certificated for'', after
the word ``on'' and, at the end of the paragraph, add ``in addition to
the applicable requirements of SOLAS.''
PART 114--GENERAL PROVISIONS
7. Revise the authority citation for part 114 to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; Sec. 114.900 also issued under 44 U.S.C.
3507.
8. Amend Sec. 114.400(b) by--
a. Removing paragraph (3) from the definition of ``Length''; and,
b. Adding a new definition for ``Variable load'' in alphabetical
order to read as follows:
Sec. 114.400 Definition of terms used in this subchapter.
* * * * *
Variable load means the weight of all items brought on board a
vessel for which explicit account is not made in approved stability
calculations, including but not limited to, personal effects, carry-on
items, luggage, wheelchairs, and sporting equipment.
* * * * *
PART 115--INSPECTION AND CERTIFICATION
9. Revise the authority citation for part 115 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
10. In Sec. 115.110, revise paragraphs (d)(2) and (d)(3), and add
new paragraph (d)(4) to read as follows:
Sec. 115.110 Routes permitted.
* * * * *
(d) * * *
(2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
maneuverability, and other characteristics;
(3) The suitability of the vessel for night-time operations; and,
(4) The suitability of the vessel for all environmental conditions.
11. Revise Sec. 115.112 to read as follows:
Sec. 115.112 Total persons permitted.
The cognizant OCMI determines the total number of persons permitted
to be carried on a vessel. In determining the total number of persons,
the OCMI may consider: the total weight of passengers, crew, and
variable loads; stability restrictions and subdivision requirements of
the vessel; the vessel's route, general arrangement, means of escape,
and lifesaving equipment; minimum manning requirements; and the maximum
number of passengers permitted in accordance with Sec. 115.113.
12. Add Sec. 115.505 to subpart E to read as follows:
Sec. 115.505 Stability verification.
(a) At each annual inspection or subsequent inspection for
certification, the owner or operator of each new and existing vessel
must demonstrate--
(1) That the stability information required under subpart D of part
170 of this title has been re-examined and confirmed to be appropriate
for the loading and service intended; and
(2) The means by which the master complies with the requirements of
Sec. 122.315 of this title.
(b) The owner or operator of each new and existing vessel must
verify, using
[[Page 49263]]
current vessel measurements and to the satisfaction of the OCMI, that
the vessel complies with the stability requirements of subchapter S--
(1) Not more than ten years after the most recent verification
required by this paragraph or issuance of stability information
required by Sec. 170.120 of this title; and,
(2) Following any modification or alteration that may affect the
validity of the stability information required by Sec. 170.120 of this
title.
(c) For the purposes of paragraph (b) of this section--
(1) Calculations necessary for the verification must satisfy the
requirements of Sec. 170.090 of this title regardless of the contract
date of the vessel;
(2) The vessel measurements must include a deadweight survey to
verify the lightweight displacement and longitudinal center of gravity
used to show compliance with the requirements of Subchapter S of this
chapter; and
(3) If the results of a deadweight survey show a deviation from the
lightweight displacement exceeding 2 percent, or a deviation from the
longitudinal center of gravity exceeding 1 percent of LBP as defined in
Sec. 170.055 of this title, then--
(i) A stability test must be conducted in compliance with the
requirements of subpart F of part 170 of this title, except that the
test may not be dispensed with on the basis of approved results of a
sister vessel; and
(ii) The verification required by paragraph (b) of this section
must use the newly determined lightweight displacement and centers of
gravity.
(d) The Commanding Officer, Marine Safety Center or the cognizant
OCMI, whichever issued the vessel's stability information, may dispense
with or authorize a change or deferral of the requirements of paragraph
(b) of this section when the vessel's stability can be adequately
assessed by alternate means.
13. In Sec. 115.610, add two sentences to the end of paragraph (a)
to read as follows:
Sec. 115.610 Scope of drydock and internal structural examinations.
(a) * * * The accuracy of draft or loading marks, if required by
Sec. 122.602, must be verified. If the vessel's stability information
includes any operating restrictions that refer to draft or loading
marks, the draft or loading marks must be confirmed to correspond to
that information.
* * * * *
Sec. 115.900 [Amended]
14. Amend Sec. 115.900(a) as follows:
a. Add the words ``is certificated for or'' after the word
``which''; b. Remove the word ``an'' and, c. Remove the word ``voyage''
and add, in its place, the word ``voyages''.
Sec. 115.910 [Amended]
15. Amend Sec. 115.910(a) as follows: a. Remove the word
``issues'' in the second sentence and, add, in its place, the words
``authorizes the cognizant OCMI to issue''; and b. In the last
sentence, after the word ``will'', add the words ``authorize the
cognizant OCMI to''.
Sec. 115.920 [Amended]
16. In Sec. 115.920(d), after the word ``will'' in the first
sentence, and after the word ``Commandant'' in the second sentence, add
the words ``will authorize the cognizant OCMI to''.
Sec. 115.930 [Amended]
17. In Sec. 115.930, in the last sentence, remove the words
``Commandant will indicate the'' and, after the word ``equivalent'' add
the words ``must be indicated''.
PART 122--OPERATIONS
18. The authority citation for part 122 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
19. In Sec. 122.304, revise paragraph (a)(3) to read as follows:
Sec. 122.304 Navigation underway.
(a) * * *
(3) Prevailing and forecasted visibility and environmental
conditions, including wind and waves;
* * * * *
20. In Sec. 122.315, designate the existing paragraph as paragraph
(a), and add paragraph (b) to read as follows:
Sec. 122.315 Verification of vessel compliance with applicable
stability requirements.
(a) * * *
(b) In order to fulfill the requirements of paragraph (a) of this
section and avoid overloading the vessel, the master must take into
account the total weight of passengers, crew, and variable loads.
Sec. 122.602 [Amended]
21. Amend Sec. 122.602 as follows:
a. In paragraph (c), remove the words ``that complies with the
stability requirements of Sec. Sec. 170.170, 170.173, 171.050,
171.055, and 171.057 of this chapter or with Sec. 178.310 of this
chapter''; b. Remove paragraph (b); and, c. Redesignate paragraphs (c)
through (g) as paragraphs (b) through (f).
PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS
22. The authority citation for part 170 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
23. In Sec. 170.001, revise paragraph(a) to read as follows:
Sec. 170.001 Applicability.
(a) This subchapter applies to each vessel that is--
(1) Contracted for on or after March 11, 1996, except where
specifically stated otherwise; and,
(2) Is inspected under another subchapter of this chapter, or is a
foreign vessel that must comply with the requirements in subchapter O
of this chapter, or is required by either subchapter C or subchapter E
of this chapter to meet applicable requirements contained in this
subchapter.
* * * * *
24. Revise Sec. 170.015 to read as follows:
Sec. 170.015 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm1. It is also available for inspection at
the Coast Guard, Office of Design Engineering Standards, Naval
Architecture Division (CG-5212), 2100 Second Street SW., Washington, DC
20593-0001, and is available from the sources listed below.
(b) American Society for Testing and Materials (ASTM) 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
(1) ASTM F 1196-00, Standard Specification for Sliding Watertight
Door Assemblies, incorporation by reference approved for Sec. 170.270.
(2) ASTM F 1197-00, Standard Specification for Sliding Watertight
Door Control Systems, incorporation by reference approved for Sec.
170.270.
[[Page 49264]]
(c) Military Specification, Naval Publications and Forms Center,
Code 1052, 5801 Tabor Avenue, Philadelphia, PA 19120.
(1) MIL-P-21929B, Plastic Material, Cellular Polyurethane, Foam in
Place, Rigid, 1970, incorporation by reference approved for Sec.
170.245.
(2) [Reserved]
(d) International Maritime Organization (IMO), International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, United Kingdom.
(1) International Convention for the Safety of Life at Sea (SOLAS),
1974, and its Protocol of 1988: articles, annexes and certificates, as
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference
approved for Sec. Sec. 170.140, 170.248.
(2) International Code on Intact Stability, 2008 (2008 IS Code),
incorporation by reference approved for Sec. 170.165.
25. Amend Sec. 170.055, by redesignating paragraphs (m) through
(w) as paragraphs (o) through (y), redesignating paragraphs (e) through
(l) as paragraphs (f) through (m), and adding new paragraphs (e) and
(n) to read as follows:
Sec. 170.055 Definitions concerning a vessel.
* * * * *
(e) Constructed means the date--
(1) The vessel's keel was laid; or
(2) Construction identifiable with the vessel began and assembly of
that vessel commenced comprising of 50 metric tons or at least one
percent of the estimated mass of all structural material, whichever is
less.
* * * * *
(n) Passenger fraction (W/[Delta]) is the ratio of the weight of
the maximum number of permitted passengers and their personal effects
to the overall displacement of the vessel in a given loading condition.
* * * * *
Sec. 170.070 [Amended]
26. In Sec. 170.070(b) introductory text, add after the word
``OCMI'' the words ``, or regulations by which the vessel is inspected
require their application.''
Sec. 170.075 [Amended]
27. In Sec. 170.075(a), remove the words ``or four copies for plan
review being conducted by the American Bureau of Shipping (ABS)''.
Sec. 170.080 [Amended]
28. In Sec. 170.080, remove the words ``or four copies for plan
review being conducted by the ABS''.
Sec. 170.085 [Amended]
29. In Sec. 170.085, remove the words ``or the ABS''
30. Revise Sec. 170.090 by revising paragraph (a), and adding
paragraphs (c), (d), (e) and (f) to read as follows:
Sec. 170.090 Calculations.
(a) All calculations required by this subchapter must be submitted
with the plans required by Sec. 170.075.
* * * * *
(c) The assumed average weight per person for calculations showing
compliance with the regulations of this subchapter must be
representative of the passengers and crew aboard the vessel while
engaged in the service intended. Unless the OCMI permits or requires
the use of other values in writing, the average weight per person of
passengers and crew should not be less than that computed by paragraph
(e) of this section.
(d) The formula in paragraph (e) of this section will be used to
determine the assumed average weight per person. It requires the use of
the most recent mean weights of males and of females aged 20 years, as
determined by Centers for Disease Control and Prevention (CDC). CDC
releases this data periodically through the National Center for Health
Statistics (NCHS) in a report that lists the most recent mean body
weight data for the population of the United States. This report can be
found on CDC's Web site. The Coast Guard will publish the availability
of this report each time it is updated by the CDC, and the assumed
average weight per person, as determined by the formula in paragraph(e)
of this section, in a Federal Register Notice, without further
rulemaking procedures. The assumed average weight per person will
become effective 60 days from publication of the notice.
(e) The assumed average weight per person will be determined as
follows: Add the mean weight of males aged 20 years and over to the
mean weight of females aged 20 years and over, and divide the sum by 2.
To this average mean weight, add 7.5 pounds of assumed clothing weight.
The resulting sum, rounded to the nearest whole number in pounds, is
the assumed average weight per person.
(f) Calculations must account for the weight of all loads carried
aboard the vessel.
Sec. 170.093 [Amended]
31. In Sec. 170.093, remove the last sentence.
Sec. 170.100 [Amended]
32. Amend Sec. 170.100 by removing paragraphs (c) and (d).
33. Add Sec. 170.105(b)(5) to read as follows:
Sec. 170.105 Applicability.
* * * * *
(b) * * *
(5) A small passenger vessel inspected under subchapter T of this
chapter if Sec. 178.210(c) of this title is applicable.
Sec. 170.110 [Amended]
34. In Sec. 170.110(b), remove the words ``or the ABS''.
Sec. 170.120 [Amended]
35. In Sec. 170.120(a), remove the words ``or the ABS''.
Sec. 170.135 [Removed]
36. Remove Sec. 170.135.
37. Add Sec. 170.140 to subpart D to read as follows:
Sec. 170.140 Operating information for a vessel constructed on or
after 1 January 2009 and issued a SOLAS safety certificate.
(a) This section applies to each vessel that is--
(1) Constructed on or after January 1, 2009; and,
(2) Issued either a SOLAS Passenger Ship Safety Certificate or a
SOLAS Cargo Ship Safety Construction Certificate.
(b) In addition to the information required in Sec. 170.110 of
this part, the stability booklet of each vessel to which this section
applies must contain the information required by applicable regulations
of SOLAS chapter II-1 (incorporated by reference, see Sec. 170.015).
(c) As used in SOLAS chapter II-1, Administration means the
Commandant, U.S. Coast Guard.
38. Revise the heading of Subpart E to read as follows:
Subpart E--Intact Stability Criteria
39. In Sec. 170.160 revise paragraphs (a) and (c)(3) and add
paragraph (d) to read as follows:
Sec. 170.160 Specific applicability.
(a) Except as provided in paragraphs (b) through (d) of this
section, this subpart applies to each vessel.
* * * * *
(c) * * *
(3) A vessel that performs one of the simplified stability proof
tests described in subpart C of part 178 of this title.
(d) A vessel that complies with Sec. 170.165 of this title need
not comply with Sec. Sec. 170.170 and 170.173 of this title.
[[Page 49265]]
40. Add Sec. 170.165 to read as follows:
Sec. 170.165 International Code on Intact Stability.
(a) Each vessel issued one or more of the certificates listed in
paragraphs (a)(1) through (4) of this section, must comply with the
Introduction and Part A of the International Code on Intact Stability,
2008 (2008 IS Code):
(1) International Load Line Certificate.
(2) SOLAS Passenger Ship Safety Certificate.
(3) SOLAS Cargo Ship Safety Construction Certificate.
(4) High-Speed Craft Safety Certificate.
(b) A vessel not subject to the requirements of paragraph (a) of
this section is permitted to comply with the applicable criteria
contained in the 2008 IS Code as an alternative to the requirements of
Sec. Sec. 170.170 and 170.173 of this title.
41. In Sec. 170.170, revise the section heading and paragraphs (a)
and (b), and the second sentence of paragraph (d), and add paragraph
(e) to read as follows:
Sec. 170.170 Weather criteria.
(a)(1) Except as provided in paragraph (b) of this section, each
vessel must be shown by design calculations in each condition of
loading and operation to have a calculated angle of heel not greater
than:
(i) For a sailing vessel, 14 degrees or the angle of heel at which
the deck edge is immersed, whichever is less; or,
(ii) For a non-sailing vessel, 14 degrees or the angle of heel at
which one-half the freeboard to the deck edge is immersed, whichever is
less.
(2) The calculated angle of heel is defined as the angle at which
the righting arm curve intersects the wind heeling arm curve given by
the following equation:
Heeling arm = P x A x H x cos(T)/[Delta]
Where--
P = 0.005 + (L/14,200) \2\ tons/f \2\ * * * for ocean service, Great
Lakes winter service, or service on exposed waters.
P = 0.055 + (L/1309) \2\ metric tons/m \2\ * * * for ocean service,
Great Lakes winter service, or service on exposed waters.
P = 0.0033 + (L/14,200) \2\ tons/ft \2\ * * * for Great Lakes summer
service or service on partially protected waters.
P = 0.036 + (L/1309) \2\ metric tons/m \2\ * * * for Great Lakes
summer service or service on partially protected waters.
P = 0.0025 + (L/14,200) \2\ tons/ft \2\ * * * for service on
protected waters.
P = 0.028 + (L/1309) \2\ metric tons/m \2\ * * * for service on
protected waters.
L = LBP in feet (meters).
A = Area in square feet (square meters) of the projected lateral
surface of the portion of the vessel above the waterline (including
the hull, superstructure, cargo, masts, area bounded by railings,
canopies, or similar obstructions but not protruding objects such as
antennas or running rigging).
H = the vertical distance in feet (meters) from the center of A to
the center of the underwater lateral area or approximately to the
one-half draft point.
T = angle of heel.
[Delta] = Displacement in long tons (metric tons).
(b) If approved by the Coast Guard Marine Safety Center, a larger
value of T may be used for a vessel with a discontinuous weather deck
or abnormal sheer.
* * * * *
(d) * * * On other types of vessels, the Coast Guard Marine Safety
Center requires calculations in addition to those in paragraph (a) of
this section. * * *
(e) For the purposes of this subpart, a vessel's righting arm must
be calculated considering the vessel is permitted to trim free until
the trimming moment is zero.
Sec. 170.173 [Amended]
42. In Sec. 170.173(a) introductory text, remove the words ``or
the ABS''.
Sec. 170.175 [Amended]
43. Amend Sec. 170.175 as follows:
a. In paragraph (b) remove the words ``or ABS''; and,
b. In paragraphs (c) and (d) remove the words ``or the ABS''.
Sec. 170.180 [Amended]
44. In Sec. 170.180 introductory text, remove the words ``or ABS''
in both places where it appears.
Sec. 170.185 [Amended]
45. In Sec. 170.185(b), remove the words ``or the ABS''.
Sec. 170.190 [Amended]
46. In Sec. 170.190, remove the words ``or ABS''.
Sec. 170.235 [Amended]
47. In Sec. 170.235(b), remove the words ``or the ABS''.
48. In Sec. 170.248, revise paragraph (a) and add paragraph (d) to
read as follows:
Sec. 170.248 Applicability.
(a) Except as provided in paragraphs (b) through (d) of this
section, this subpart applies to vessels with watertight doors in
bulkheads that have been made watertight to comply with the flooding or
damage stability regulations in this subchapter.
* * * * *
(d) Each vessel issued a SOLAS Passenger Ship Safety Certificate or
a SOLAS Cargo Ship Safety Construction Certificate must comply with the
applicable regulations of SOLAS chapter II-1 in addition to the
requirements of this subpart (SOLAS chapter II-1, incorporated by
reference, see Sec. 170.015).
Sec. 170.270 [Amended]
49. In Sec. 170.270--
a. Remove the term ``ASTM F 1196'' wherever it appears and, in its
place, add the term ``ASTM F 1196-00'', and remove the term ``ASTM F
1197'' wherever it appears and, in its place, add the term ``ASTM F
1197-00''; and
b. In paragraph (a)(3), remove the words ``(incorporated by
reference, see Sec. 170.015)'' wherever they appear.
PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS
50. The authority citation for part 171 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; Department of Homeland Security Delegation No.
0170.1.
51. In Sec. 171.001, revise paragraph (a), and add paragraphs (c)
and (d) to read as follows:
Sec. 171.001 Applicability.
(a) Except as provided in paragraph (d) of this section, this part
applies to passenger vessels inspected under subchapter K or H of this
chapter, or a passenger vessel the stability of which is questioned by
the OCMI.
* * * * *
(c) Specific sections of this part may also apply to a small
passenger vessel inspected under subchapter T of this chapter. The
specific sections are listed in subparts B and C of part 178 of this
title and in subpart B of part 179 of this title.
(d) A passenger vessel constructed on or after 1 January 2009 and
issued a SOLAS Passenger Ship Safety Certificate must meet the
applicable requirements of SOLAS chapter II-1 (incorporated by
reference, see Sec. 171.012), instead of the requirements of this
part. For the purposes of this section, the applicable requirements of
SOLAS chapter II-1, are equivalent to the requirements of this part
when applied to such vessels.
52. Add new Sec. 171.012 to read as follows:
Sec. 171.012 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition
[[Page 49266]]
other than that specified in this section, the Coast Guard must publish
a notice of change in the Federal Register and the material must be
available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm1. It is also available for
inspection at the Coast Guard, Office of Design Engineering Standards,
Naval Architecture Division (CG-5212), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources listed
below.
(b) International Maritime Organization (IMO) International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, United Kingdom.
(1) International Convention for the Safety of Life at Sea, 1974,
and its Protocol of 1988: articles, annexes and certificates, as
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference
approved for Sec. Sec. 171.001, 171.080.
(2) International Code on Intact Stability, 2008 (2008 IS Code),
incorporation by reference approved for Sec. 171.050.
53. Add the heading of subpart B to read as follows:
Subpart B--Intact Stability
Subpart C--Heading [Removed]
54. Remove the heading for subpart C and transfer Sec. Sec.
171.045, 171.050, 171.055, and 171.057 to subpart B.
55. Revise Sec. 171.045 to read as follows:
Sec. 171.045 Weight of passengers and crew.
(a) This section applies to each vessel, regardless of when
constructed.
(b) Compliance with the intact stability requirements applicable to
each vessel, using a total weight of passengers and crew carried, is
based upon an assumed average weight per person determined in
accordance with paragraph (c) of Sec. 170.090 of this title.
56. Revise Sec. 171.050 to read as follows:
Sec. 171.050 Passenger heel requirements for a mechanically propelled
or a nonself-propelled vessel.
(a) Except as provided in paragraph (c) of this section, each
vessel must be shown by design calculations in each condition of
loading and operation to have a calculated angle of heel not greater
than 14 degrees or the angle of heel at which the deck edge is first
submerged, whichever is less. In any condition of loading, the
calculated angle of heel is defined as the angle at which the righting
arm curve intersects the heeling arm curve given by the following
equation:
Heeling arm = (W/[Delta])(2/3)(b)(cos(T))
Where:
W/[Delta] = passenger fraction
W = total weight in long (metric) tons of persons other than
required crew, including personal effects expected to be carried on
the vessel
[Delta] = displacement of the vessel in long (metric) tons
b = distance in feet (meters) from the centerline of the vessel to
the geometric center of the passenger deck to one side of the
centerline
T = angle of heel
(b) For the purpose of this section, a vessel's righting arm must
be calculated considering the vessel is permitted to trim free until
the trimming moment is zero.
(c) A vessel that complies with the requirements for passenger
ships contained in the International Code on Intact Stability, 2008
(2008 IS Code) (incorporated by reference; see Sec. 171.012) need not
comply with paragraph (a) of this section. Vessels complying with the
2008 IS Code must use the assumed average weight per person given
according to Sec. 170.090 to be exempt from paragraph (a) of this
section.
57. Add new Sec. 171.052 to read as follows:
Sec. 171.052 Passenger distribution requirements for vessels of
unusual proportion and form.
(a) Vessels to which Sec. 170.173 of this title applies must also
comply with the requirements of paragraph (b) of this section.
(b) For a vessel with a passenger fraction greater than 15 percent,
and with passengers distributed in the accommodation area to produce
the most unfavorable combination of passenger heeling moment and/or
initial metacentric height, the area under each righting arm curve from
the angle of equilibrium to an angle of 40 degrees, the downflooding
angle, or the angle of the maximum righting arm, whichever is less,
must not be less than:
(1) For exposed and partially protected routes--
(i) 10 foot-degrees with 5 square feet per person (2.15 persons per
square meter) assumed in the areas accessible to passengers; and
(ii) 7 foot-degrees with 2 square feet per person (5.38 persons per
square meter) assumed in the areas accessible to passengers; and
(2) For protected routes--
(i) 5 foot-degrees with 5 square feet per person (2.15 persons per
square meter) assumed in the areas accessible to passengers; and
(ii) 2 foot-degrees with 2 square feet per person (5.38 persons per
square meter) assumed in the areas accessible to passengers.
58. Add a heading for subpart C, above Sec. 171.060, to read as
follows:
Subpart C--Subdivision and Damage Stability
Sec. 171.060 [Amended]
59. In Sec. 171.060(a), remove the words ``or Sec. 171.075 for
Type III subdivision''.
Sec. 171.065 [Amended]
60. In Sec. 171.065(b)(2), remove the second equation, ``Y = (M +
2P) / (V + P1-P)'' and add, in its place, the equation ``Y = (M + 2P1)
/ (V + P1-P)''.
Sec. 171.070 [Amended]
61. In Sec. 171.070(e)(1) introductory text, add the words ``or
the vessel makes international voyages,'' after the words ``If the LBP
of the vessel is 143 feet (43.5 meters) or more,''.
Sec. 171.075 [Removed]
62. Remove Sec. 171.075.
Sec. 171.080 [Amended]
63. Amend Sec. 171.080 as follows:
a. In Sec. 171.080 (f)(4)(i), remove ``w = passenger weight = 75
kilograms,'' and add, in its place, ``w = passenger weight used for
calculations complying with Sec. 170.090 of this title'';
b. In Sec. 171.080(f)(4)(ii)(A), remove the words ``Each passenger
weighs 75 kilograms'' and add, in their place, the words ``The weight
of each passenger is taken at the weight used for calculations
complying with Sec. 170.090 of this title''; and,
c. In the heading to paragraph (g), after the word ``vessels'' add
the words ``constructed before January 1 2009'', and, in paragraph (g)
text, after the words ``regulation 8'' add the words ``in force on
December 31, 2008 (incorporated by reference; see Sec. 171.012)''.
Sec. 171.082 [Removed]
64. Remove Sec. 171.082.
PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES
65. The authority citation for part 172 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p.
[[Page 49267]]
277; Department of Homeland Security Delegation No. 0170.1.
66. Revise Sec. 172.020 to read as follows:
Sec. 172.020 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm1. It is also available for inspection at
the Coast Guard, Office of Design Engineering Standards, Naval
Architecture Division (CG-5212), 2100 Second Street, SW., Washington,
DC 20593-0001, and is available from the sources listed below.
(b) International Maritime Organization (IMO), International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, United Kingdom.
(1) Amendment to Chapter VI of the International Convention for the
Safety of Life at Sea, 1960, Resolution A.264(VIII), incorporation by
reference approved for Sec. 172.015.
(2) Publication No. 240-E, International Code for the Safe Carriage
of Grain in Bulk, incorporation by reference approved for Sec.
172.015.
(3) Regulation 27, annex I of MARPOL 73/78, incorporation by
reference approved for Sec. 172.070.
67. Revise Sec. 172.070 to read as follows:
Sec. 172.070 Intact Stability.
All tank vessels of 5,000 DWT and above, contracted after December
3, 2001, must comply with the intact stability requirements of
Regulation 27, annex I of MARPOL 73/78 (incorporated by reference; see
Sec. 172.020).
PART 174--SPECIAL RULES PERTAINING TO SPECIAL VESSEL TYPES
68. The authority citation for part 174 continues to read as
follows:
Authority: 42 U.S.C. 9118, 9119, 9153; 43 U.S.C. 1333; 46 U.S.C.
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
69. Revise Sec. 174.007 to read as follows:
Sec. 174.007 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm1. It is also available for inspection at
the Coast Guard, Office of Design Engineering Standards, Naval
Architecture Division (CG-5212), 2100 Second Street SW., Washington, DC
20593-0001, and is available from the sources listed below.
(b) American Society for Testing and Materials (ASTM) 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
(1) ASTM F 1196-00, Standard Specification for Sliding Watertight
Door Assemblies, incorporation by reference approved for Sec. 174.100.
(2) ASTM F 1197-00, Standard Specification for Sliding Watertight
Door Control Systems, incorporation by reference approved for Sec.
174.100.
(c) International Maritime Organization (IMO), International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, United Kingdom.
(1) International Convention for the Safety of Life at Sea (SOLAS),
1974, and its Protocol of 1988: articles, annexes and certificates, as
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference
approved for Sec. 174.360.
(2) [Reserved]
Sec. 174.100 [Amended]
70. In Sec. 174.100--
a. Remove the term ``ASTM F 1196'' wherever it appears and, in its
place, add the term ``ASTM F 1196-00'', and remove the term ``ASTM F
1197'' wherever it appears and, in its place, add the term ``ASTM F
1197-00''; and
b. In paragraph (e)(3), remove the words ``(incorporated by
reference, see Sec. 174.007)'' wherever they appear.
71. Revise Sec. 174.360 to read as follows:
Sec. 174.360 Calculations.
Each ship to which this subpart applies must comply with the
minimum standard of subdivision and damage stability applicable to that
ship under SOLAS chapter II-1, (incorporated by reference; see Sec.
174.007) part B-1. Compliance with the applicable requirements must be
demonstrated by calculations and reflected in information on loading
restrictions, such as a maximum height of the center of gravity (KG) or
minimum metacentric height (GM) curve, that is part of the stability
information required by Sec. 170.110 of this chapter.
PART 175--GENERAL PROVISIONS
72. Revise the authority citation for part 175 to read as follows:
Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206,
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; Sec. 175.900 also issued under 44 U.S.C.
3507.
73. In Sec. 175.400, add new definitions for ``Total test weight''
and ``Variable load'' in alphabetical order to read as follows:
Sec. 175.400 Definition of terms used in this subchapter.
* * * * *
Total test weight means the weight used to simulate heeling and
trimming moments when a simplified stability test is performed in
accordance with Sec. 178.330 or Sec. 178.340 of this title.
* * * * *
Variable load means the weight of all items brought on board a
vessel for which explicit account is not made in approved stability
calculations, including but not limited to, personal effects, carry-on
items, luggage, wheelchairs, and sporting equipment.
* * * * *
PART 176--INSPECTION AND CERTIFICATION
74. Revise the authority citation for part 176 to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
75. In Sec. 176.110, revise paragraphs (d)(2) and (d)(3), and add
paragraph (d)(4) to read as follows:
Sec. 176.110 Routes permitted.
* * * * *
(d) * * *
(2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
[[Page 49268]]
maneuverability, and other characteristics;
(3) The suitability of the vessel for nighttime operations; and
(4) The suitability of the vessel for all environmental conditions.
76. Revise Sec. 176.112 to read as follows:
Sec. 176.112 Total persons permitted.
The cognizant OCMI determines the total number of persons permitted
to be carried on a vessel. In determining the total number of persons,
the OCMI may consider: The total weight of passengers, crew, and
variable loads; stability restrictions and subdivision requirements of
the vessel; the vessel's route, general arrangement, means of escape,
and lifesaving equipment; minimum manning requirements; and the maximum
number of passengers permitted in accordance with Sec. 176.113 of this
title.
77. Add Sec. 176.505 to subpart E to read as follows:
Sec. 176.505 Stability verification.
(a) At each annual inspection and subsequent inspection for
certification, the owner or operator of each new and existing vessel
must demonstrate--
(1) That the stability information required under subpart B of part
178 of this title has been re-examined and confirmed to be appropriate
for the loading and service intended; and
(2) The means by which the master complies with the requirements of
Sec. 185.315 of this title must be demonstrated.
(b) The owner or operator of each new or existing vessel must
verify, using current vessel measurements, and to the satisfaction of
the OCMI, that the vessel complies with the stability requirements of
this subchapter--
(1) Not more than ten years after the date of the most recent
verification required by this paragraph or issuance of stability
information required by Sec. 178.210 of this title; and,
(2) Following any modification or alteration that may affect the
validity of the stability information required by Sec. 178.210.
(c) For the purposes of paragraph (b) of this section--
(1) If Sec. 178.320 (e), (f), (g), or (h) of this title is
applicable, the verification must include--
(i) Measurements with the vessel in a condition that is the same as
that used in or documented when the most recent simplified stability
proof test specified in paragraph (a) of either Sec. Sec. 178.330 or
178.340 was performed;
(A) If Sec. 178.330 of this title is applicable, freeboard
measurements; or
(B) If Sec. 178.340 of this title is applicable, measurements of
cross-sectional area;
(ii) An assessment of the total test weight regardless of the
contract date of the vessel according to Sec. 178.330(a)(4) of this
title; and
(iii) A validation that the vessel arrangement is substantially
unchanged from the date when the most recent stability verification or
simplified stability proof test was performed;
(2) If Sec. 178.310(a) or Sec. 178.320(c) of this title is
applicable--
(i) Calculations necessary for the verification must satisfy the
requirements of Sec. 170.090 of this title regardless of the contract
date of the vessel;
(ii) The vessel measurements must include a deadweight survey to
verify the lightweight displacement and longitudinal center of gravity
used to show compliance with the requirements of Subchapter S of this
chapter; and,
(iii) If the results of a deadweight survey show a deviation from
the lightweight displacement exceeding 2 percent, or a deviation of the
longitudinal center of gravity exceeding 1 percent of LBP as defined in
Sec. 170.055 of this title, then--
(A) A stability test must be conducted in compliance with the
requirements of subpart F of part 170 of this title, except that the
test may not be dispensed with on the basis of approved results of a
sister vessel; and
(B) The verification required by paragraph (b) of this section must
use the newly determined lightweight displacement and centers of
gravity.
(3) If Sec. 178.310 (c) or Sec. 178.320 (d) of this title
applies, the scope of the verification will be determined by the
Commanding Officer, Marine Safety Center.
(d) The Commanding Officer, Marine Safety Center or the cognizant
OCMI, whichever issued the vessel's stability information, may dispense
with or authorize a change or deferral of the requirements of paragraph
(b) of this section when the vessel's stability can be adequately
assessed by alternate means.
Sec. 176.610 [Amended]
78. In Sec. 176.610, add two sentences to the end of paragraph (a)
to read as follows:
Sec. 176.610 Scope of drydock and internal structural examinations.
(a) * * * The accuracy of draft or loading marks, if required by
Sec. 122.602, must be verified. If stability information includes any
operating restrictions that refer to draft or loading marks, the draft
or loading marks must be confirmed to correspond to that information.
* * * * *
Sec. 176.900 [Amended]
79. Amend Sec. 176.900(a) as follows:
a. Add the words ``is certificated for or'' after the word
``which'';
b. Remove the word ``an,'' and,
c. Remove the word ``voyage'' and add, in its place, the word
``voyages''.
Sec. 176.910 [Amended]
80. Amend Sec. 176.910(a) as follows:
a. Remove the word ``issues'' in the second sentence and, add, in
its place, the words ``authorizes the cognizant OCMI to issue''; and
b. In the last sentence, after the word ``will'', add the words
``authorize the cognizant OCMI to''.
Sec. 176.920 [Amended]
81. In Sec. 176.920(d), after the word ``will'' in the first
sentence, and after the word ``Commandant'' in the second sentence, add
the words ``will authorize the cognizant OCMI to''.
Sec. 176.930 [Amended]
82. In Sec. 176.930, in the last sentence remove the words
``Commandant will indicate the'' and, after the word ``equivalent'',
add the words ``must be indicated''.
PART 178--INTACT STABILITY AND SEAWORTHINESS
83. The authority citation for part 178 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
Sec. 178.115 [Amended]
84. In Sec. 178.115, at the beginning of the paragraph add the
words ``Except where specifically stated otherwise,''.
85. In Sec. 178.210, revise the first sentence of paragraphs (a)
and (b), revise paragraph (c), and add paragraph (d) to read as
follows:
Sec. 178.210 Stability information.
(a) Stability information (stability details indicated on the
Certificate of Inspection, a stability letter, or a stability booklet)
is required on certain vessels by paragraphs (b), (c), or (d) of this
section. * * *
(b) A vessel which, under Sec. 178.310 of this title, complies
with requirements in subchapter S of this chapter, must have stability
details on the vessel's Certificate of Inspection, a stability letter
issued by the cognizant Officer in Charge, Marine Inspection (OCMI) or
the Commanding Officer, Marine Safety
[[Page 49269]]
Center, or an approved stability booklet. * * *
(c) When necessary for safe operation, the cognizant OCMI may place
specific stability restrictions in a stability letter or on the
Certificate of Inspection of a vessel not more than 65 feet (19.8
meters) in length, which, under Sec. 178.310 of this title, complies
with the requirements of Sec. 178.320 of this title.
(d) A vessel that complies with Sec. 178.320(b), and undergoes a
stability test in accordance with Sec. 178.340, must have a stability
letter issued by the Commanding Officer, Marine Safety Center.
86. Add new Sec. 178.215 to read as follows:
Sec. 178.215 Weight of passengers and crew.
(a) This section applies to each vessel, regardless of when
constructed, for which stability information is based on the results of
a simplified stability proof test.
(b) Except as provided in paragraph (c) of this section, and if not
provided in the stability information required, the owner of each
vessel must provide the master with the total test weight used in the
simplified stability proof test and the number of passengers and crew
included in the total test weight. Owners and masters must use a total
weight of passengers and crew carried that is based upon an assumed
average weight per person determined in accordance with paragraph (c)
of Sec. 178.330(a)(4) of this title.
(c) The information specified in paragraph (b) of this section need
not be provided if the owner attests that the vessel complies with
applicable intact stability requirements when carrying the number of
passengers and crew permitted by the Certificate of Inspection with an
assumed average weight per person in accordance with Sec.
178.330(a)(4) of this title.
87. In Sec. 178.230, revise paragraphs (b) introductory text and
(b)(1), and add paragraph (c) to read as follows:
Sec. 178.230 Stability letter or Certificate of Inspection stability
details.
* * * * *
(b) If Sec. 178.210(c) applies, the following information, and the
necessary calculations used to determine that information, must be
submitted in accordance with paragraph (a) of this section:
(1) Allowable weight and number of passengers and crew on each
deck;
* * * * *
(c) If Sec. 178.210(b) applies, the applicable information
described in subpart C of part 170 of this title, and the calculations
used to determine that information, must be submitted in addition to
the applicable information listed in paragraph (b) of this section.
88. Revise Sec. 178.310 to read as follows:
Sec. 178.310 Applicability based on vessel characteristics and
passenger capacity.
(a) Each vessel that is greater than 65 feet (19.8 meters) in
length, carries more than 12 passengers on an international voyage, or
has more than one deck above the bulkhead deck excluding the pilot
house must meet applicable intact stability requirements in each
condition of loading and operation. These requirements are contained
in:
(1) Part 170 of this chapter, except subparts G and H; and,
(2) Part 171 of this chapter, subparts A and B.
(b) Each vessel must meet the requirements of Sec. 178.320 of this
title if the vessel:
(1) Is 65 feet (19.8 meters) in length or less;
(2) Carries not more than 12 passengers on an international voyage;
and
(3) Does not have more than one deck above the bulkhead deck or,
for a vessel without a bulkhead deck, does not have more than one deck
above the deck from which freeboard is measured excluding a pilot
house.
(c) In lieu of the requirements in paragraph (a) of this section, a
vessel may meet another stability standard approved by the Commanding
Officer, Marine Safety Center.
(d) The requirements of this section and Sec. Sec. 178.320 and
178.325 are graphically represented in Figure 178.310.
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89. Revise Sec. 178.320 to read as follows:
Sec. 178.320 Intact stability requirements.
(a) A simplified stability proof test in accordance with Sec.
178.330 or Sec. 178.340, as appropriate, is conducted to determine if
a vessel, as built and operated, has a minimum level of initial
stability. Failing the simplified test does not necessarily mean that
the vessel lacks stability for the intended route, service, and
operating condition, but that calculations or other methods must be
used to evaluate the stability of the vessel.
(b) Except as provided by paragraph (i) of this section, each
vessel must comply with paragraph (c), (d), (e), (f), (g), or (h) of
this section. The cognizant OCMI may require the vessel to meet the
requirements of paragraph (c) of this section.
(c) A vessel, in each condition of loading and operation, may meet
the applicable intact stability requirements of--
(1) Part 170 of this chapter, except subparts G and H; and,
(2) Part 171 of this chapter, subparts A and B.
(d) In lieu of the requirements in paragraph (a) of this section, a
vessel may meet another stability standard approved by the Commanding
Officer, Marine Safety Center.
(e) A non-sailing monohull vessel may undergo a simplified
stability proof test in accordance with Sec. 178.330 of this title in
the presence of a Coast Guard marine inspector if the vessel does not
have tumblehome at the deck, measured amidships, that exceeds two
percent of the beam.
(f) A non-sailing, flush deck catamaran carrying not more than 49
passengers may undergo a simplified stability proof test in the
presence of a Coast Guard marine inspector, in accordance with Sec.
178.330 of this title, if the vessel does not have tumblehome at the
deck, measured amidships, that exceeds two percent of the beam, and the
vessel is not a pontoon vessel.
(g) A self-propelled multihull vessel may undergo a pontoon
simplified stability proof test in the presence of a Coast Guard marine
inspector, in accordance with Sec. 178.340 of this title, if the
vessel satisfies the requirements listed in paragraphs (g)(1) through
(9) of this section:
(1) The vessel carries not more than 49 passengers and does not
make international voyages;
(2) The vessel is constructed with only one deck;
(3) The buoyant hull volume consists of two symmetric, fully
enclosed hulls;
(4) The cross section of each hull is circular or of wall-sided
construction without tumblehome, and constant for at least 90 percent
of the length of the hull;
(5) The hulls contain no machinery or tanks;
(6) The portion of the deck accessible to passengers does not
extend beyond--
(i) The outboard edge of the hulls, and,
(ii) The forward or the aft end of the hulls;
(7) There is no deck more than 6 inches (0.15 meters) above any
point on any of the buoyant hulls;
(8) The distance between the centerlines of the hulls is not less
than 6 feet (1.83 meters); and,
(9) Each hull has a beam or diameter, as applicable, of not less
than 2 feet (0.61 meters).
(h) A monohull sailing vessel may meet the requirements of Sec.
178.325 of this title if it satisfies the following seven requirements:
(1) The vessel does not operate on exposed waters;
(2) The vessel only operates during the daylight hours;
(3) The vessel is of the usual type, rig, and hull form, excluding
vessels without a weathertight deck, such as open boats;
(4) The vessel carries not more than 49 passengers and does not
make international voyages;
(5) The vessel is not a sailing school vessel that carries a
combined total of six or more sailing school students or instructors;
(6) The minimum downflooding angle is greater than 60 degrees; and,
(7) The vessel does not have a cockpit greater than 20 percent of
the Length Over Deck.
(i) For a vessel that carries not more than 49 passengers and
carries no deck cargo, the cognizant OCMI may:
(1) Dispense with the requirements of the simplified stability
proof test in Sec. 178.330, when the vessel's stability can be
adequately assessed by alternate means, which include, but are not
limited to, the form, arrangement, construction, number of decks,
route, and operating restrictions of the vessel;
(2) Authorize a change in the requirements of the simplified
stability proof test in Sec. 178.330, when necessary to adequately
assess the vessel's stability; or
(3) In lieu of conducting a simplified stability proof test,
perform operational tests to determine whether the vessel has adequate
stability and satisfactory handling characteristics for protected
waters and/or partially protected waters.
(j) The requirements of this section and Sec. Sec. 178.310 and
178.325 are graphically represented in Table 178.320.
Table 178.320--Applicable Intact Stability Criteria
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
This table summarizes the criteria applicable to a vessel described in Sec. 178.310 (b). These criteria are:
1. Vessel length less than or equal to 65 feet;
2. Not more than 12 passengers carried on an international voyage;
3. Not more than 150 passengers carried on a domestic voyage; and
4. Vessel does not have more than one deck above the bulkhead deck, excluding a pilot house.
A vessel for which a simplified stability proof test is not appropriate must meet criteria contained in 46 CFR
Subchapter S or a standard approved by the MSC, unless Sec. 178.320 (i) is applicable.
----------------------------------------------------------------------------------------------------------------
Propulsion type......................... Non-sailing
Sailing
----------------------------------------------------------------------------------------------------------------
Number of hulls......................... 1
2 1 2
-----------------------------------------------------------------------
Number of Passengers.................... >49 <=49 >49 <=49 <=49 ..........
Applicable Proof Test:
Sec. 178.330...................... X X Note 1 X
Sec. 178.340 (PSST)............... Note 1 .......... ..........
MSC approved standard:
Sec. 178.310 (c).................. X X X X X X
OCMI determined standard or dispenses Note 2 Note 2 Note 2 ..........
with proof test........................
46 CFR Subchapter S criteria:
[[Page 49272]]
Part 170, subpart C ``Plan X X X X X X
Approval''.........................
Part 170, subpart E ``Intact
Stability'':
Sec. 170.170 ``Weather criteria''. X X X X X X
Sec. 170.173 ``Criterion for X X X X X X
vessels of unusual proportion and
form''.............................
Part 170, subpart F ``Determination X X X X X X
of Lightweight Displacement and
Centers of Gravity''...............
Part 171, subpart B ``Intact Stability:
Sec. 171.050 (passenger heel)..... X X X X
Sec. 171.052 (passenger X X X X X X
distribution)......................
Sec. 171.055 (monohull sailing)... X
Sec. 171.057 (sailing catamaran).. X X
----------------------------------------------------------------------------------------------------------------
Note 1: See Sec. 178.320 (f) and Sec. 178.320 (g).
Note 2: See Sec. 178.320 (i).
90. Revise Sec. 178.325 to read as follows:
Sec. 178.325 Intact stability requirements for a monohull sailing
vessel.
(a) A monohull sailing vessel may undergo a simplified stability
proof test in accordance with Sec. 178.330 of this title in the
presence of a Coast Guard marine inspector.
(b) A sailing vessel that operates on partially protected waters
must be equipped with a self-bailing cockpit.
(c) The Commanding Officer, Marine Safety Center may prescribe
additional or different stability requirements for a broad, shallow
draft vessel with little or no ballast outside the hull.
91. In Sec. 178.330, revise paragraphs (a), (b), and (d)(6), and
add paragraph (d)(7), to read as follows:
Sec. 178.330 Simplified stability proof test (SST).
(a) A vessel must be in the condition specified in this paragraph
when a simplified stability proof test is performed.
(1) The construction of the vessel is complete in all respects.
(2) Ballast, if necessary, is in compliance with Sec. 178.510 and
is on board and in place.
(3) Each fuel and water tank is approximately three-quarters full.
(4) A weight equal to the total weight of all passengers, crew, and
variable loads permitted on the vessel is on board and distributed so
as to provide normal operating trim and to simulate the vertical center
of gravity, causing the least stable condition that is likely to occur
in service. The assumed average weight per person of passengers and
crew must be representative of the passengers and crew on board the
vessel while engaged in the service intended. Unless the cognizant OCMI
permits or requires the use of other values in writing, weight and
vertical center of gravity are to be assumed as follows:
(i) The weight of primary lifesaving equipment should be simulated
at its normal location, if not on board at the time of the test.
(ii) The assumed average weight per person is determined as
provided by Sec. 170.090 of this title.
(iii) The weight and associated vertical center of gravity of
variable loads must be included as appropriate for the service intended
and documented in the stability information required by subpart B of
this part.
(iv) The vertical center for the total test weight must be at least
30 inches (760 millimeters) above the deck for seated passengers, and
at least 39 inches (1.0 meter) above the deck for standing passengers.
(v) If the vessel carries passengers on diving excursions, the
total weight of diving gear must be included in the loaded condition
and placed in its stowed position. Not less than 80 pounds (36.3
kilograms) should be assumed for each person for which diving gear is
provided.
(vi) On vessels having one upper deck above the main deck available
to passengers, the weight distribution must not be less severe than the
following:
Total Test Weight (W) = ----
Passenger Capacity of Upper Deck: ----
Weight on Upper Deck = (Number of Passengers on Upper Deck) x (Wt per
Passenger) x 1.33
Weight on Main Deck = Total Test Weight - Weight on Upper Deck
(5) All non-return closures on cockpit scuppers or on weather deck
drains must be kept open during the test.
(b) A vessel must not exceed the limitations in paragraph (d) of
this section, when subjected to the greater of the following heeling
moments:
Mp = (W) (Bp)/6; or,
Mw = (P) (A) (H)
Where:
Mp = passenger heeling moment in foot-pounds (kilogram-
meters);
W = the total weight of persons other than required crew, plus the
personal effects of those persons expected to be carried while
aboard the vessel (total test weight) in pounds (meters);
Bp = the maximum transverse distance in feet (meters) of
a deck that is accessible to passengers;
A = Area, in square feet (square meters), of the projected lateral
surface of the vessel above the waterline (including the hull,
superstructure, cargo, masts, area bounded by railings and canopies,
but not protruding fixed objects such as antennas or running
rigging).
* * * * *
(d) * * *
(6) On a non-sailing flush deck catamaran that is propelled by
mechanical means, not more than one-third of the freeboard or one-third
of the draft, whichever is less, may be immersed.
(7) In no case may the angle of heel exceed 14 degrees.
* * * * *
92. Revise Sec. 178.340 to read as follows:
Sec. 178.340 Pontoon Simplified Stability Proof Test (PSST).
(a) A multihull pontoon vessel meeting the applicability
requirements of Sec. 178.330(b) and (e) must be in the condition
described in Sec. 178.330(a) of this part when the simplified
stability test is performed, except that fuel and water tanks should be
filled to 100% capacity. Any sewage tanks should be empty or full. If
sewage tanks are empty, the weight of full sewage tanks should be
simulated by use of additional stationary weight.
(b) A multihull pontoon vessel must not exceed the limitations in
paragraph (c) of this section when subjected to the greater of the
following heeling moments:
Mpc = (W) (Bp-K)/2; or,
Mw = (P) (A) (H)
Where:
Mpc = passenger and crew heeling moment in foot-pounds
(kilogram-meters);
W = the total weight of persons aboard (total test weight) in pounds
(kilograms);
Bp = the maximum transverse distance of the deck
accessible to passengers in feet (meters);
K = 2.0 feet (0.61 meters);
[[Page 49273]]
Mw = Wind heeling moment in foot-pounds (kilogram-meters)
P = Wind pressure of 7.5 pounds/square foot (36.6 kilograms/square
meter);
A = Area, in square feet (square meters), of the projected lateral
surface of the vessel above the waterline (including the hull,
superstructure, cargo, masts, area bounded by railings and canopies,
but not protruding fixed objects such as antennas or running
rigging); and
H = Height, in feet (meters), of the center of area (A) above the
waterline, measured up from the waterline.
(c) With the appropriate heeling moment applied to the most
adversely affected side of the vessel, the remaining exposed cross
sectional area of the hull, without consideration of the cross-
structure area on that side, must be equal or greater than--
(1) The cross sectional area submerged due to the load shift (for
an example, see Figure 178.340(d)(1)); and,
(2) One-quarter of the cross-sectional area on one hull.
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(d) A multihull vessel must also be tested to determine whether
trimming moments will submerge the bow or stern of the buoyant hull.
The top of any buoyant hull must not be submerged at any location, as
indicated in Figure 178.340(d)(2), with the total test weight (W)
located on the centerline and positioned as far forward or aft on the
deck as practicable, whichever position results in the least freeboard.
[[Page 49274]]
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PART 179--SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY
93. The authority citation for part 179 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of
Homeland Security Delegation No. 0170.1.
94. Add new Sec. 179.15 to subpart A to read as follows:
Sec. 179.15 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.htm1. It is also available for inspection at
the Coast Guard, Office of Design Engineering Standards, Naval
Architecture Division (CG-5212), 2100 Second Street, SW., Washington,
DC 20593-0001, and is available from the sources listed in paragraph
(b) of this section.
(b) International Maritime Organization (IMO), International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, United Kingdom.
(1) International Convention for the Safety of Life at Sea (SOLAS),
1974, and its Protocol of 1988: articles, annexes and certificates, as
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference
approved for Sec. 179.212.
(2) [Reserved]
95. Revise Sec. 179.212 to read as follows:
Sec. 179.212 Watertight bulkheads for subdivision.
(a) Each passenger vessel of not greater than 65 feet (19.8 meters)
in length must comply with paragraph (b) of this section if it:
(1) Carries more than 49 passengers; or,
(2) Is constructed of wood on or after March 11, 2001, and operates
in cold water.
(b) Except as provided in paragraph (d) of this section, each
passenger vessel to which paragraph (a) of this section applies must
comply with:
(1) The Type II subdivision requirements of Sec. Sec. 171.070
through 171.073 in subchapter S of this chapter, if the vessel complies
with either of the following:
(i) Applicable intact stability requirements contained in
subchapter S of this title; or,
(ii) Another stability standard determined by the Commanding
Officer, Marine Safety Center; or,
(2) Section 179.220 of this part, if the vessel undergoes a
simplified stability proof test in accordance with Sec. 178.330 of
this title.
(c) Except as provided in paragraph (d) of this section, each
passenger vessel of greater than 65 feet (19.8 meters) in length, or a
vessel constructed before 1 January 2009 that is certificated to carry
more than 12 passengers on an international voyage, must comply with
the Type II subdivision requirements of Sec. Sec. 171.070 through
171.073 in subchapter S of this chapter.
(d) Each passenger vessel constructed on or after January 1, 2009,
and issued a SOLAS Passenger Ship Safety Certificate, must meet the
applicable requirements of SOLAS chapter II-1 (incorporated by
reference; see Sec. 179.15) instead of the requirements of paragraph
(b) or (c) of this section. For the purposes of this section, the
applicable requirements of SOLAS chapter II-1 are equivalent to the
requirements of paragraph (b) or (c) of this section.
[[Page 49275]]
96. In Sec. 179.220--
a. In table 179.220(a) and in note 1 to table 179.220(a), remove
the term ``d'' wherever it occurs and, in its place, add the term
``x''; and,
b. Add paragraph (c) to read as follows:
Sec. 179.220 Location of watertight bulkheads for subdivision.
* * * * *
(c) Calculations needed to demonstrate compliance with paragraphs
(a) and (b) of this section must be submitted to, and approved by, the
Commanding Officer, Marine Safety Center.
PART 185--OPERATIONS
97. The authority citation for part 185 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.
98. In Sec. 185.304, revise paragraph (a)(3) and add paragraph (b)
to read as follows:
Sec. 185.304 Navigation underway.
(a) * * *
(3) Prevailing and forecasted visibility and environmental
conditions, including wind and waves;
* * * * *
(b) Masters of vessels not greater than 65 feet (19.8 meters) in
length must have means available, satisfactory to the OCMI, to obtain
or monitor the latest marine broadcast in order to comply with the
requirements of paragraph (a) of this section.
99. In Sec. 185.315, designate the existing paragraph as paragraph
(a) and add paragraph (b) to read as follows:
Sec. 185.315 Verification of vessel compliance with applicable
stability requirements.
(a) * * *
(b) In order to fulfill the requirements of paragraph (a) of this
section and avoid overloading the vessel, the master must take into
account the total weight of passengers, crew, and variable loads.
Sec. 185.602 [Amended]
100. Amend Sec. 185.602 as follows:
a. In paragraph (b) introductory text, remove the words ``that fits
into any one of the following categories:'' and add, in their place,
the words ``to which Sec. 178.310(a)(2) of this title applies.'';
b. Remove paragraphs (b)(1) through (b)(3); and
c. In paragraph (c), remove the words ``that complies with the
stability requirements of Sec. Sec. 170.170, 170.173, 171.050,
171.055, and 171.057 of this chapter or in accordance with Sec.
178.310 of this chapter,''.
Dated: August 4, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard Assistant Comandant for Marine Safety,
Security and Stewardship.
[FR Doc. E8-18791 Filed 8-19-08; 8:45 am]
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