[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4203]


[[Page Unknown]]

[Federal Register: February 25, 1994]


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DEPARTMENT OF TRANSPORTATION


Coast Guard

46 CFR Part 171

[CGD 93-041]
RIN 2115-AD33

 

Domestic Passenger Vessel Damage Stability Standards

agency: Coast Guard, DOT.

action: Notice of partial suspension of application.

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summary: The Coast Guard announces an indefinite suspension of the 
application of 46 CFR 171.080(e), Damage Stability Standards for 
Inspected Passenger Vessels, for all vessels not requiring a SOLAS 
Passenger Ship Safety Certificate. The suspension will allow time for 
development of revised regulatory requirements. This action is being 
taken in response to a determination that there are technical problems 
in meeting these requirements for certain vessels, especially those 
designed for service on protected or partially-protected waters. 
Suspending the effective date will provide an opportunity to define the 
extent of the problem and to consider alternative regulations.

effective date: Effective February 25, 1994, the application of 46 CFR 
170.210(e) is suspended indefinitely for all vessels not requiring a 
SOLAS Passenger Vessel Safety Certificate.

for further information contact: Ms. P. L. Carrigan, Marine Technical 
and Hazardous Materials Division (G-MTH-3), room 1308, Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, 
telephone: (202) 267-2988, telefax: (202) 267-4816.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in the drafting of this notice are 
Ms. Patricia L. Carrigan, Project Manager, Office of Marine Safety, 
Security and Environmental Protection and LT Ralph L. Hetzel, Project 
Counsel, Office of Chief Counsel.

Regulatory History

    On February 13, 1990, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Stability Design and Operational 
Regulations in the Federal Register (55 FR 5120).
    During the NPRM 60-day comment period, the Coast Guard received 28 
letters commenting on the proposed rulemaking. Only two of the 28 
letters received included comments on the new damage stability 
standards for passenger vessels.
    On September 11, 1992, the Coast Guard published a final rule 
entitled Stability Design and Operational Regulations in the Federal 
Register (57 FR 41812) which adopted damage stability requirements for 
new passenger vessels from the proposed rule.
    Following implementation of the final rule, the Coast Guard 
received inquiries on the appropriateness of the damage stability 
standards in 46 CFR 171.080(e) for certain types of new passenger 
vessels.
    On July 7, 1993, the Coast Guard published a notice in the Federal 
Register to announce a public meeting on August 5, 1993 to discuss what 
problems were being encountered in complying with the standard and what 
actions might be appropriate.
    At the public meeting, attention focused on the application of this 
requirement to domestic vessels, especially vessels operating in 
protected and partially-protected waters. Comments indicated that 
unexpected difficulties were being experienced by some designers in 
complying with the new standard. These problems were discovered as new 
vessel designs began to be reviewed. Due to requests to reconsider the 
specific criteria to be applied in various waters and based on the 
information received at the public meeting, the Coast Guard on August 
27, 1993 (58 FR 45264), published a notice temporarily suspending the 
application of Sec. 171.080(e) for all vessels not carrying a SOLAS 
Passenger Ship Certificate until February 23, 1994.
    The Coast Guard also reopened the comment period for 90 days to 
allow further input from the public, and received twenty-one additional 
comments. The majority of the comments came from naval architects and 
shipyards, and two comments were from the Society of Naval Architects 
and Marine Engineers (SNAME) technical panels. In general, the comments 
indicated that the regulations adopted seemed overly severe, especially 
for vessels operating on protected or partially-protected waters.

Reason for Extension of the Suspension of Effective Date

    Based on a preliminary evaluation of the comments received, 
including those made at the August 5, 1993 public hearing and those 
received following the initial suspension, the Coast Guard expects to 
publish a notice of proposed rulemaking proposing amendments to the 
damage stability standards for passenger vessels on domestic routes. 
The Coast Guard believes the development of improved damage stability 
regulations requiring minimal design changes are necessary and 
achievable, particularly in view of the dramatic increase in the number 
of high density passenger vessels on inland waters and the potential 
for loss of life if a casualty occurs. The work of SNAME in this matter 
is considered especially important and indicative of the need for 
damage stability standards for passenger vessels. The Coast Guard is 
considering adopting a tiered approach, in which a vessel operating on 
exposed routes would be required to meet a stricter stability standard 
than a vessel operating on protected or partially-protected routes. The 
Coast Guard expects to publish the proposed revision by mid-1994.

    Dated: February 15, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-4203 Filed 2-24-94; 8:45 am]
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