[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Notices]
[Pages 792-793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-262]
[[Page Unknown]]
[Federal Register: January 6, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD 93-092]
Passenger Vessel Safety Act of 1993
AGENCY: Coast Guard, DOT.
ACTION: Notice of eligibility.
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SUMMARY: The Passenger Vessel Safety Act of 1993 (the Act) clarifies
the criteria which determine when vessels are required to be
certificated by the Coast Guard for passenger carriage. To accomplish
this, the Act, among other things, redefines the terms ``passenger,''
``passenger vessel,'' ``small passenger vessel,'' and ``uninspected
passenger vessel.'' The Act also provides definitions for the terms
``passenger for hire'' and ``consideration.'' The Act establishes an
extension period for its applicability to charter vessels that will
operate as charters with no crew provided. The extension period is only
available to those vessels whose owners make application to the Coast
Guard by June 21, 1994. The Act further calls for the possible
modification of existing requirements for certain charter vessels of
over 100 gross tons, and the establishment of new requirements for
uninspected passenger vessels of at least 100 gross tons carrying not
more than 12 passengers.
FOR FURTHER INFORMATION CONTACT:
LT. Brian Poskaitis, Project Manager, Merchant Vessel Inspection and
Documentation Division (G-MVI-1), U.S. Coast Guard Headquarters, 2100
Second Street SW., Washington, DC 20593-0001, telephone (202) 267-1464.
SUPPLEMENTARY INFORMATION:
Applicability
Although most of the Act is effective immediately, it does not
apply to passenger and small passenger vessels chartered without a crew
until six months after enactment. An additional 30 months extension of
inapplicability is also available for these vessels only. To receive
this extension the vessel owner must:
(a) Make application for inspection with the local Coast Guard
Officer in Charge, Marine Inspection (OCMI) by June 21, 1994;
(b) Make the vessel available for examination by the Coast Guard
prior to the carriage of passengers;
(c) Correct especially any hazardous conditions involving the
vessel's structure, electrical system, and machinery installation such
as: (i) Grossly inadequate, missing, unsound, or severely deteriorated
frames or major structural members; (ii) wiring systems or electrical
appliances without proper grounding or overcurrent protection; and
(iii) significant fuel or exhaust system leaks;
(d) Equip the vessel with lifesaving and firefighting equipment, or
the portable equivalent, required for the route and number of persons
carried;
(e) Verify through stability tests, calculations, or other
practical means (which may include a history of safe operations) that
the vessel's stability is satisfactory for the size, route and number
of passengers; and
(f) Develop a work plan approved by the Coast Guard to complete in
a good faith effort all requirements necessary for issuance of a
Certificate of Inspection as soon as practicable. If a vessel qualifies
for an extension, the Coast Guard will issue a letter to the owner
which establishes the conditions of operation for the vessel during the
extension period. The letter will specifically indicate the conditions
of route, service, number of passengers, manning, and equipment.
Depending on the condition and outfitting of these vessels, the
process to receive a Coast Guard extension letter may take several
weeks or months. Therefore, vessel owners desiring extensions are
encouraged to apply early. Under the Act, vessels chartered without a
crew that carry more than 12 passengers, as defined by the Act, must
have an extension letter from the Coast Guard or have obtained a
Certificate of Inspection to continue operations after June 21, 1994.
Possible Modified Regulations for Certain Existing Passenger
Vessels
The Act also permits the establishment of different structural fire
protection, manning, operating and equipment requirements for certain
existing charter vessels if they are not necessary for safe operation.
Such requirements would apply to existing charter vessels carrying not
more than 150 passengers on domestic voyages that are:
(a) At least 100 gross tons but less than 300 gross tons, and;
(b) Former public vessels of at least 100 gross tons but less than
500 gross tons.
These modified requirements will seek to ensure an equivalent
degree of safety is achieved for those existing vessels that cannot
come into full compliance with the current passenger vessel regulations
because of their construction. To be eligible for these modified
requirements, the owner of the vessel must:
(1) Make application for inspection with the local Coast Guard OCMI
before June 21, 1994; and
(2) Provide satisfactory documentation that the vessel was
chartered at least once within the period December 20, 1992 to December
20, 1993.
New Regulations for Uninspected Passenger Vessels
The new definition of the term ``uninspected passenger vessel''
will now include vessels of at least 100 gross tons, that are: carrying
not more than 12 passengers, including at least one passenger for hire;
or, that is chartered with the crew provided or specified by the owner
or the owner's representative and is carrying not more than 12
passengers. New regulations will be developed for these vessels within
24 months.
Dated: December 30, 1993.
R.C. North,
Captain, U.S. Coast Guard, Acting Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-262 Filed 1-5-94; 8:45 am]
BILLING CODE 4910-14-M