[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51326-51359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25599]



[[Page 51325]]

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Part VI





Department of Transportation





_______________________________________________________________________



Coast Guard



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46 CFR Part 170, et al.



Small Passenger Vessel Inspection and Certification; Final Rule

  Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / 
Rules and Regulations  

[[Page 51326]]



DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 170, 171, and 173 and Chapter I, Subchapters K and T

[CGD 85-080]
RIN 2115-AC 22


Small Passenger Vessel Inspection and Certification

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adopting, as a final rule with some 
changes, the interim final rule which completely revised the 
regulations affecting small passenger vessels of less than 100 gross 
tons. This rule creates a separate subchapter for small passenger 
vessels carrying more than 150 passengers or having overnight 
accommodations for more than 49 passengers, provides additional 
alternatives to certain required lifesaving equipment, adopts 
additional industry standards, and establishes new upper-limit 
breakpoints above which a passenger vessel of less than 100 gross tons 
must comply with the same construction and outfitting requirements 
applicable to a passenger vessel of 100 gross tons or more. It also 
updates the regulations to accommodate the advanced technology, larger 
size, and increased passenger-carrying capacity of small passenger 
vessels.

DATES: This rule is effective October 30, 1997. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register on October 30, 1997.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Executive Secretary, Marine 
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second 
Street SW., room 3406, Washington, DC 20593-0001 between 9:30 a.m. and 
2 p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-267-1477.

FOR FURTHER INFORMATION CONTACT: Lieutenant Eric P. Christensen, 
Project Manager, Office of Operating and Environmental Standards, (G-
MSO-2), phone 202-267-1181, telefax 202-267-4570.

SUPPLEMENTARY INFORMATION:

Regulatory History

    A Notice of Proposed Rulemaking (NPRM), published in the Federal 
Register (54 FR 4412) of January 30, 1989, contained a proposed 
revision of 46 CFR chapter I, subchapter T, concerning the inspection 
and certification of small passenger vessels. The NPRM also proposed a 
revision to those portions of 46 CFR chapter I, subchapter S, affecting 
the subdivision and stability of small passenger vessels. The NPRM 
comment period was originally scheduled to expire on May 31, 1989, but 
was extended to July 31, 1989. Public meetings were held on the NPRM in 
Washington, DC, St. Louis, New Orleans, San Francisco, Chicago, and 
Boston. Over 225 people attended and 116 presented their views at the 
meetings.
    The Coast Guard received over 300 comment letters on the NPRM 
providing both support and criticism of the various proposed changes. 
Based on the comments received, the Coast Guard published a 
Supplemental Notice of Proposed Rulemaking (SNPRM) (59 FR 1994) on 
January 13, 1994. The SNPRM significantly changed the NPRM by proposing 
(1) the creation of a separate, new subchapter (46 CRF chapter I, 
subchapter K) just for small passenger vessels carrying more than 150 
passengers or having overnight accommodations for more than 49 
passengers; (2) alternatives to certain required lifesaving equipment; 
(3) greater recognition of industry standards; and (4) the 
establishment of new upper limits above which a vessel would have to 
comply with the construction and outfitting requirements applicable to 
a passenger vessel of more than 100 gross tons. During the 150 day 
comment period, the Coast Guard received over 160 letters raising over 
900 separate issues. Public meetings were held on the SNPRM in New 
London, Seattle, Chicago, Annapolis, Tampa, Cincinnati, and Long Beach. 
Over 225 persons attended and 80 presented their views at the meetings.
    On January 10, 1996, the Coast Guard published an Interim Final 
Rule (IFR) in the Federal Register (61 FR 864). During the 150 day 
comment period, the Coast Guard received 37 letters containing over 350 
comments. Public meetings were held on the IFR in St. Louis, Oakland, 
Mobile, and New Haven. Over 130 persons attended and 36 members of the 
public presented their views on the IFR at the meetings.

Background and Purpose

    Subchapter T contained the regulations for the inspection and 
certification of small passenger vessels, including requirements for 
construction, outfitting of lifesaving and fire protection equipment, 
machinery and electrical installations, and operations. Since the 
subchapter's last major revision in 1963, significant changes have 
occurred affecting the small passenger vessel fleet, including (1) 
statutory changes, (2) increases in vessel size and passenger carrying 
capacity,(3) increases in the services offered by the owners and 
operators of small passenger vessels, (4) expansions of vessel routes, 
and (5) technological advances. Consequently, this rulemaking is 
necessary to respond to these changes.

Summary of Changes to the IFR

    This final rule adopts, as is, the interim final rule published on 
January 10, 1996, with the following notable changes:
    (1) Small passenger vessels are no longer grouped into three 
categories for regulatory purposes, as provided in the IFR. Separate 
treatment of small passenger vessels carrying more than 600 passengers 
or having overnight accommodations for more 150 passengers (the group 
known as ``K1'' or ``K prime'') has been removed. In this 
final rule, all small passenger vessels are grouped into two 
categories. Vessels carrying more than 150 passengers or having 
overnight accommodations for more than 49 passengers are under 
subchapter K (46 CFR parts 114 through 122). All other small passenger 
vessels are under subchapter T (46 CFR parts 175 through 185).
    (2) The only change to the IFR that could have a substantial 
economic impact results from the removal of the K\1\ category. It is 
the requirement for stairtowers landing areas, which is restored for 
vessels having overnight accommodations for more than 49 passengers. 
However, because this type of vessel was built to the guidelines in 
Coast Guard NVIC 11-83 (``Regulations for Very Large 46 CFR Subchapter 
T Vessels''), which called for stairtower landing areas in accordance 
with subchapter H, this change will have no affect on existing vessels. 
In addition, it will provide consistency for boat builders who have 
built this type of vessel for the past 13 years.
    The remaining changes, for the most part, are made to realign the 
text after the removal of the K\1\ category, to correct errors in the 
Code of Federal Regulations, and to fine-tune the IFR in response to 
comments.

Discussion of Comments and Changes

    (a) General.
    (1) Eleven comments recommended that the breakpoint between 
subchapter K and K' be raised from 600 to 1,000 passengers to be in 
line with two compartment subdivision. Two comments noted that over the 
course of the rulemaking process, several vessels have been built which 
would fall into

[[Page 51327]]

the K' category (600+ passengers). Though not required to be built to 
the extensive subchapter H standards (passenger vessels of 100 gross 
tons or more) called for in K' these vessels have operated safely for 
years, and it was recommended that the breakpoint for these vessels be 
increased to 1,000 passengers.
    The Coast Guard partially agrees. Two-compartment subdivision 
begins at 600 passengers. Of the 450 subchapter K vessels identified in 
the IFR, only 35 carried over 600 passengers. Some of these vessels 
were built as far back as 1944. The operating record of these vessels 
is satisfactory. However, the Coast Guard is concerned with the trend 
of building larger vessels by manipulating the exemptions to the 
tonnage rules. The Coast Guard has determined that additional 
requirements for vessels carrying overnight or large numbers of 
passengers are appropriate. However, the Coast Guard agrees that 
adherence to all of the requirements in subchapters H, F, and J is not 
warranted on small passenger vessels.
    NVIC 11-83, ``Regulations for very large 46 CFR Subchapter T 
vessels,'' identified additional safety requirements for vessels 
carrying more than 49 overnight passengers that could be applied by the 
OCMI based on the increased size of the vessel. These additional 
requirements were taken from subchapters F, H, J and S. In July, 1995, 
Change 1 to the NVIC added vessels carrying more than 600 passengers to 
the NVIC's applicability. Many of the recommendations contained in the 
NVIC were incorporated into subchapter K under the SNPRM and IFR. The 
Coast Guard stated that subchapter K was to be the middle ground 
between traditional small passenger vessels under subchapter T and 
large passenger vessels under subchapter H.
    In order to determine a course of action, the Coast Guard compared 
the recommendations of NVIC 11-83, including Change 1, to the 
regulations contained in the IFR for subchapter K and K' vessels. In 
addition, vessels identified in the Marine Safety Information System 
(MSIS) as carrying more than 600 passengers and admeasuring less than 
100 gross tons had their systems and equipment compared to the NVIC. 
Based upon these reviews, the Coast Guard decided to eliminate the K' 
thresholds and place, in subchapter K, additional requirements on 
vessels carrying more than 600 passengers to focus on the safety 
concerns of larger vessels. The elimination of 200 feet and 150 
overnight passenger thresholds from subchapter K was based on the data 
collected by the Coast Guard. Only 3 of the vessels identified were 
over 200 feet in length. This equates to less than a tenth of one 
percent of the total small passenger vessel fleet of over 5,500 
vessels. Clearly, it is not the industry standard to build vessels over 
200 feet that admeasure less than 100 gross tons. As for the 
elimination of the 150 overnight passenger threshold, the Coast Guard 
has determined that the additional requirements, formerly applied in 
accordance with NVIC 11-83 to vessels carrying more than 49 overnight 
passengers and now included in this rule, are appropriate for small 
passenger vessels carrying more than 150 overnight passengers. The 
Coast Guard has identified only one vessel, the QUEEN OF THE WEST, that 
is a subchapter K vessel carrying more than 150 overnight passengers.
    Specific changes to the subchapter K regulations include the 
requirements for an independently-driven fire pump, two electrical 
generating sets, exit lights, floodlights for lifeboat and liferaft 
embarkation stations, and emergency lighting for vessels carrying more 
than 600 passengers. These requirements already exist in the IFR for 
vessels carrying more than 49 overnight passengers. In addition, 
stairtower landing area requirements for vessels carrying more than 600 
passengers have been placed in Sec. 116.438, and fire hydrant 
requirements have been placed in Sec. 118.310. The fire hydrant valve 
requirement was believed to be omitted from the IFR and is considered 
good marine practice.
    Both the stairtower and fire main requirements were contained in 
NVIC 11-83. Therefore, the Coast Guard has determined that the changes 
in the final rule should have no impact on vessels carrying more than 
49 overnight passengers because this type of vessel has been designed 
and built to the NVIC for over 13 years.
    The Coast Guard has determined that by specifically addressing the 
additional requirements in subchapter K, rather than referring to part 
72 in subchapter H for structural fire protection or to applicable 
parts of subchapters F and J for machinery and electrical requirements, 
a consistent minimum level of safety is achieved. It also eliminates 
confusion in interpreting the word ``applicable.'' In addition, the 
Coast Guard has determined that although this is a relatively 
significant change to the regulations, the overall impact to the 
subchapter K vessel fleet is a reduction in regulations for 
constructing vessels carrying more than 600 passengers.
    (2) Two comments recommended that indices for subchapters K and T 
be added to title 46, Code of Federal Regulations. They appear in the 
October 1, 1996, edition of title 46.
    (3) Two comments noted that these regulations have not used 
grandfathering as extensively as in previous regulations despite the 
absence of specific dangers to public safety.
    As discussed in the preambles of the NPRM and SNPRM, the Coast 
Guard considers the use of grandfathering and phase-in periods in this 
rule appropriate. The Coast Guard uses grandfathering extensively in 
this rule. Existing vessels are grandfathered for construction and 
arrangement, electrical, and machinery requirements unless the vessel 
undergoes a major conversion or adds new equipment. Additional 
requirements in firefighting, lifesaving, and vessel operations (crew 
training) are considered appropriate. The Coast Guard acknowledges that 
the small passenger vessel industry is safe; however, casualties still 
occur and life and property are lost as a result. The revised 
regulations contained in the IFR and final rule will result in an 
increased level of safety for passengers and crew alike.
    (4) Two comments asked for a list of all documents, such as 
Navigation and Vessel Inspection Circulars (NVIC's), Policy File 
Memorandums from G-MCO (formerly G-MVI), Coast Guard Headquarters (HQ) 
policy letters, and Marine Safety Manual (MSM) sections, that are 
canceled or revised as a result of this rule. They are:
    NVIC 11-83 with Change 1 ``Regulations for Very Large 46 CFR 
Subchapter T Passenger Vessels'' (Canceled).
    G-MVI Policy letter 13-86 ``Certificated Small Passenger Vessels 
Carrying Six or Less Passengers'' (Canceled).
    G-MVI Policy letter 22-89 ``Watertight Doors in Subdivision 
Bulkheads on Small Passenger Vessels'' (Canceled).
    G-MVI Policy letter 16-93 ``Drydock Extensions for Small Passenger 
Vessels (T-Boats)'' (Canceled).
    G-MVI Policy letter 05-95 ``Policy on Rail Heights for Passenger 
Vessels and Small Passenger Vessels'' (Revised).
    Policy File Memorandum (PFM) 1-94 on very low fire load options 
(still in effect and will be incorporated into NVIC 6-80 on structural 
fire protection).
    (5) Two comments concerned 46 CFR chapter I, subchapter Q, which 
contains requirements for the specification and approval of equipment, 
construction, and materials and which is referenced in subchapters K 
and T. They

[[Page 51328]]

recommend that subchapter Q be repealed because the practice of 
approving equipment is outdated in this age of comprehensive consensus 
standards, corporate quality control, and the rapidly evolving 
technology in materials and innovative equipment.
    The Coast Guard disagrees that subchapter Q is unnecessary. Where 
certain items of equipment are required by statute or regulation to be 
carried on a vessel, the Coast Guard equipment approval system is an 
invaluable resource for ship operators who would otherwise be uncertain 
if a particular item would be acceptable. It ensures that requirements 
are applied uniformly to all vessels and eliminates the need for case-
by-case evaluations by an Officer in Charge, Marine Inspection (OCMI). 
Some specifications in subchapter Q are outdated and in need of 
revision. However, acceptance standards are still needed to ensure that 
critical materials and equipment meet minimum national or international 
safety standards. As resources allow, the Coast Guard intends to revise 
subchapter Q to maximize the use of performance standards and suitable 
industry consensus standards. The Coast Guard is very active in 
encouraging and assisting in the development of industry and 
international standards.
    (6) Two comments suggested that the recommendations of the National 
Transportation Safety Board (NTSB) (M-95-37 through 39) resulting from 
the ARGO COMMODORE casualty should be implemented before publishing a 
final rule.
    The Coast Guard has provided a response to the NTSB regarding those 
recommendations. The recommendations were considered in developing 
these regulations; however, problems surrounding the onboard 
firefighting efforts in this casualty were more related to personnel 
and training than to equipment.
    (7) Two comments asked why there were 55 outstanding NTSB 
requirements concerning the safety of small passenger vessels.
    The Coast Guard has resolved virtually all of the previously 
outstanding NTSB recommendations concerning small passenger vessels.
    (8) Six comments stated that there were too many new regulations; 
industry cannot take any more.
    The Coast Guard notes that many of the rulemaking projects 
published in the last year have centered around the adoption of 
industry standards and the removal of obsolete regulations. These 
regulations are designed to ease the burden on industry. Other new 
rulemakings, such as the implementation of the International Convention 
on Standards of Training, Certification and Watchkeeping for Seafarers 
(STCW) and the revision of 46 CFR chapter I, subchapter W, (Lifesaving 
Appliances) are in response to changes in the International Convention 
for the Safety of Life at Sea, 1974, (SOLAS) and are mandated by 
international treaty. Where possible, the Coast Guard tries to minimize 
the impact of SOLAS amendments on the domestic fleet. The small 
passenger vessel rulemaking has been in development since 1985 and 
industry has commented on three different versions of proposed and 
interim regulations. Because of the extensive public participation in 
this rulemaking at the 17 public meetings and by the submission of 
written comments, the new small passenger vessel regulations will be a 
viable, flexible standard for the next 30 years.
    (9) One comment recommended that the operators of passenger vessels 
be held accountable for the safety of the passengers who consume 
alcoholic beverages on the vessels.
    The master is already responsible for the safety of the passengers 
and crew on board the vessel. The Coast Guard has determined that 
additional regulations are not required to clarify this point.
    (10) One comment noted that accident and risk analysis criteria 
needed to be better developed if used in developing regulations. The 
comment also noted that the statistics for passenger vessel casualties 
included foreign flag vessels. The comment stated that 35 percent of 
casualties occurred on diving boats where the casualty had nothing to 
do with the vessel's equipment. In addition, a number of casualties 
were dockside and had nothing to do with the operation of the vessel. 
It recommended that the Coast Guard rethink how it handles casualties. 
Just because vessels are getting bigger does not mean that they are not 
as safe.
    The Coast Guard notes that there are several related efforts that 
have been undertaken to improve risk analysis. They are as follows:
    (a) A Risk-Based Technologies (RBT) Management Team has been 
established to guide risk analysis development. The RBT Management Team 
is coordinating the risk activities of the Coast Guard Headquarter's 
Office of Marine Safety with reference to other government agencies and 
the International Maritime Organization (IMO).
    (b) A Marine Board study entitled ``Risk Assessment and Management 
of Marine Systems'' and is slated to be completed in mid 1997. The goal 
of this project is to learn to understand and use the different risk 
assessment methodologies.
    (c) An internal instruction providing guidance in risk-based 
decision-making to the Captain of the Port (COTP), due in December 
1997, will provide technical and administrative guidance to the field 
on how risk assessment and management can and should be used in support 
of Commandant (G-M)'s Business Plan goals.
    (d) The Marine Safety Evaluation Program (MSTEP) is based on the 
use of risk-based technologies and is designed to improve the current 
process of assessing the safety of marine systems that are within the 
Coast Guard's regulatory domain.
    In formulating these regulations, the Coast Guard focused on 
casualties to small passenger vessels. The Coast Guard has commended 
the industry throughout the rulemaking process on its history of safe-
operations and tried to keep new requirements narrowed to the areas of 
most concern.
    (b) Comments on and Changes to Particular Provisions of the IFR 

Sections 114.110 and 175.110  General Applicability

    (1) One comment recommended that the breakpoint for subchapter T 
boats carrying overnight passengers needs to be increased from 49 to 
100 passengers based on the safe operating record of these vessels.
    The Coast Guard disagrees. Many of the requirements for subchapter 
K vessels with 50 or more overnight passengers were in existence under 
the old small passenger vessel policy in the form of NVIC 11-83. The 
safe operating record of this segment of the industry may be the result 
of Coast Guard guidelines that have been in place for years.
    (2) One comment suggested that 200 feet not be used as a breakpoint 
for limit for subchapter K'. Tonnage is the self limiting criteria. One 
comment stated that the American Bureau of Shipping (ABS) rules for 
vessels less than 200 feet will be revised to apply to vessels less 
than 300 feet.
    The Coast Guard has determined that gross tonnage is not a self-
limiting criteria. While the Coast Guard agrees that an upper size-
limit is necessary to address manning and passenger safety concerns, 
historically, small passenger vessels rarely exceed 200 feet in length. 
According to Coast Guard data, the longest subchapter K vessel is 230 
feet. The Coast Guard has determined that the requirements applicable 
to vessels carrying more than 600 passengers or more than 49 overnight 
passengers adequately address the minimum

[[Page 51329]]

construction and equipment requirements for larger, small passenger 
vessels. Future rulemakings regarding alternate tonnage will set a size 
threshold for subchapter K vessels and maintain the subchapter-K-class 
vessel as the middle ground between vessels under subchapters T and H. 
Once the ABS Rules are published, the Coast Guard will consider 
incorporating the new rules by reference in these regulations.
    (3) One comment recommended that the applicability sections of 
these regulations be aligned with the Passenger Vessel Safety Act of 
1993.
    The Coast Guard agrees and the regulations in Secs. 114.110 and 
175.110 have been so aligned.

Sections 114.400 and 175.400 Definitions of Terms Used in This 
Subchapter

    (1) One comment recommended that the definition of ``accommodation 
space'' be revised to allow space-heating equipment with an element 
temperature in excess of 250  deg.F (121  deg.C).
    The Coast Guard concurs. The intent of the 121  deg.C temperature 
limitation was to ensure that cooking equipment normally associated 
with a galley would not be installed in an accommodation space. The 
definition of ``accommodation space'' has been amended to use the same 
terminology as the definition of ``galley.''
    (2) One comment suggested that the definition of ``cold water'' 
allow for more OCMI discretion for vessels that operate in cold water 
for only a couple of months of the year.
    The Coast Guard disagrees because the OCMI has adequate authority 
under Sec. 114.550 to give special consideration to the application of 
the cold water requirements if warranted by the circumstances.
    (3) Four comments noted that, under the definition of ``exposed 
waters,'' the definition for winter season in the Great Lakes infers 
that all waters inside 20 nautical miles are partially protected 
waters. The definition of ``partially protected waters'' does not 
contradict this. The comment asked if the change was intended.
    The definition of ``exposed waters'' for the Great Lakes did not 
change with the publication of the IFR. OCMI's have always had the 
authority to declare certain waters within 20 miles of a harbor of safe 
refuge exposed for the purpose of stability.
    (4) One comment noted that the definition of ``hardwood,'' as used 
in the wood industry, is not based on specific gravity. The performance 
intended is the resistance to fire and hardwoods normally possess good 
fire-resistance qualities. In general, hardwoods have specific gravity 
between 0.5 and 0.8. Coast Guard policy, written in 1980 (NVIC 6-80), 
states ``oak or similar hardwood.'' The word ``similar'' refers to 
properties involving the material's resistance to fire. Although it can 
reasonably be concluded that dense woods such as those with a specific 
gravity in excess of 0.66 would be resistant to fire, such a definition 
is not necessary for regulatory purposes and has not presented a 
problem for at least the past 16 years.
    The Coast Guard has revised the definition to specifically mention 
oak and its fire resistant properties.
    (5) One comment noted that the definition of ``hazardous 
condition'' includes illness of a person on board. Though seasickness 
is not considered an illness by most people in the sport fishing 
community, prolonged seasickness can have a profound effect on a 
person's ability to think clearly and to maintain balance.
    The Coast Guard agrees that seasickness can be quite debilitating 
and create a hazardous condition. If an individual can no longer 
function, possibly due to dehydration, the master should consider 
either providing medical attention on board or removing the individual 
from the vessel.
    (6) Four comments requested that the definition of ``High Speed 
Craft'' (HSC) be clarified. They asked if the IMO HSC Code applies only 
to international conventions? Could STCW bring in the HSC criterion? 
What does the phrase ``the aforementioned generality'' mean? Could a 
basic, every-day, mono-hull boat under subchapters K and T that is in 
domestic service and equipped with extra horsepower for prolonged 
engine life or operating conditions be considered an HSC? Sections 
114.540 and 175.540 state that the IMO HSC Code can be used as an 
equivalent to the requirements contained in subchapters K and T, 
respectively.
    The Coast Guard does not make a determination on whether a vessel 
is an HSC without the owner of the vessel applying for HSC Code 
equivalency. The requirements under STCW contain no additional 
requirements for vessels meeting the HSC Code definition. Vessels 
operating on domestic voyages are allowed to apply for the HSC 
equivalency, but do not necessarily need to receive SOLAS HSC 
certification. However, once the Coast Guard has granted HSC 
equivalency to a small passenger vessel, the code must be complied with 
in its entirety. In order to avoid confusion and make the HSC Code 
definition more readable, the term ``aforementioned generality'' has 
been removed.
    (7) Twelve comments recommended that paragraph (3) of the 
definition ``major conversion'' be deleted. The comments remarked that 
operators should not be discouraged from doing things to substantially 
prolong the life of their vessels. Normal maintenance itself prolongs 
the life of a vessel. The comments also noted that the definition is 
too broad. One comment recommended the definition be changed to mean a 
conversion of a vessel that, as determined by the Commandant, 
substantially adds to the length, beam, height, or draft of the vessel 
in order to accommodate an increase of more than 15 percent of the 
passengers currently authorized.
    The definitions of ``major conversion'' are based upon statute. The 
Coast Guard agrees that normal maintenance prolongs a vessel's life and 
supports continuous maintenance. Normal maintenance does not constitute 
a major conversion. However, the Coast Guard does not agree that an 
arbitrary 15 percent should be added to the definition. The Coast Guard 
will continue to use the current definition and apply it to vessels on 
a case-by-case basis.
    (8) One comment recommended that the last sentence of the 
definition of ``means of escape'' be deleted because the terms 
``exit,'' ``exit access,'' and ``exit discharge'' are not familiar to 
the maritime community. The terms are used in National Fire Protection 
Association (NFPA) 101.
    The Coast Guard agrees in part. A key difference between the means 
of escape under subchapters K and T and under subchapter H is that 
protected escape routes are not required in vessels constructed to 
subchapter T. However, vessels constructed to subchapters K or H must 
have protected escape routes culminating at protected areas where 
passengers are separated from the effects of fire or flooding. The 
terms ``exit,'' ``exit access,'' and ``exit discharge'' are intended to 
indicate that protected escape routes are made up of many differing 
components, including corridors, stairways, and stairtowers, which must 
provide continuously protected access from a space to an area of 
refuge. The last sentence of the definition in subchapter T has been 
deleted.
    (9) Six comments recommended that the definition of ``new vessel'' 
be changed to allow vessels started before March 11, 1996, to be 
completed after September 11, 1996.
    The Coast Guard advises that this practice has been done on a case-
by-case

[[Page 51330]]

basis. Extending the date would only cause confusion and another round 
of appeals. By the time this rule is published, this issue will be 
moot.
    (10) Three comments recommended that the definition of ``pantry'' 
be aligned with the IMO definition of pantry, which refers to a space 
that does not contain heat sources with temperatures exceeding 
425 deg.F.
    The Coast Guard disagrees. The IMO definition, as contained in 
SLS.17/Circ.3, uses terms such as ``appliances consuming small amounts 
of electrical power'' and ``hot plates for keeping food warm.'' Since 
these terms are somewhat vague, they are more difficult to apply and 
enforce. No changes were made to the definition.
    (11) One comment requested that definitions for the following terms 
be added to allow for better use of the regulations and to assist 
personnel in answering questions on Coast Guard exams. The terms 
include ``enclosed space,'' ``partially enclosed space,'' ``fire 
station,'' ``floodable length,'' ``bulkhead deck,'' ``collision 
bulkhead,'' ``coaming,'' ``hull strainer,'' ``hydrostatic release 
unit,'' ``pendant,'' ``lifeline'' (by revising 46 CFR 160.010-3(g) and 
160.027 to correct problems with life float and buoyant apparatus 
lifelines and pendants), ``positive action valve'' (defined so a store 
clerk can understand), ``pressure vessel,'' and ``ships service.''
    The Coast Guard has determined that adding these definitions would 
not add any value to the regulation. Instead of adding a definition for 
``fire station,'' the Coast Guard has changed the term ``fire 
station(s)'' to ``fire hydrant(s)'' throughout the rule. The Coast 
Guard is unclear as to what the ``problems'' with lifelines and 
pendants are; the current specifications have been used successfully 
since 1982. Changes to the buoyant apparatus and lifefloat 
specification subparts in subchapter Q are beyond the scope of this 
rulemaking.
    (12) Based on a working review and use of the IFR, the Coast Guard 
has made the following additional changes to this section in order to 
correct any errors and make it more readable. The definition of 
``atrium'' has been modified by removing ``escalator opening'' from the 
list of purposes an atrium could not be used for to resolve a conflict 
with Sec. 116.440. Section 116.440 allows an escalator to be installed 
in an atrium, provided that the footprint of the escalator is 
subtracted from opening area computations.
    (13) The Coast Guard has amended the definition of ``auxiliary 
machinery space'' to include spaces that contain refrigeration 
equipment.
    Accordingly, spaces that contain refrigeration equipment are 
removed from the definition of ``machinery space.''
    (14) Definitions of ``low risk service space'' and ``high risk 
service space'' are amended to change motion picture rooms from high 
risk to low risk. Motion picture rooms have not posed a significant 
fire risk since nitrocellulose film was phased out several years ago. 
Additionally, the break point for cleaning gear lockers has been 
changed from a fire load basis to a size and contents basis to be 
consistent with the interpretation of subchapter H. Additionally, 
``small'' cleaning gear lockers (less than 5 square meters) may be 
considered type 6 spaces if they do not contain flammable liquids.
    (15) Changes are made to the definitions of ``accommodations 
space,'' ``high risk accommodations space,'' ``overnight accommodations 
or overnight accommodations space,'' and ``passenger accommodations 
space'' to recognize the addition of a type 6 space. See the discussion 
on Sec. 116.415 in this preamble for information on the addition of 
type 6 spaces.

Sections 114.540 and 175.540  Equivalents

    The Coast Guard is amending Secs. 114.540(b) and 175.540(b) by 
removing the word ``pending'' because IMO adopted the HSC code on May 
20, 1994.

Sections 114.560 and 175.560  Appeals

    Nine comments recommended that the Coast Guard be required to 
answer industry appeals within 30 days of receipt.
    The Coast Guard acknowledges that recent appeals, such as that for 
the SCHOONER AMERICA, illustrate that short-turnaround appeals can be 
completed within 24 hours. The Coast Guard has determined that 30 days 
is an appropriate length of time for responding to most industry 
inquiries or appeals. Internally, the Coast Guard places a 30-day due 
date on correspondence received from the public. In such a case, the 
respondent should receive a response within 45 days, including mail 
delays. However, some issues are more complex and require more research 
and time to arrive at an appropriate response. Conversely, some appeals 
come up out of the blue and need an immediate resolution. Like any 
concern with over 10,000 customers, the Coast Guard prioritizes tasks 
and accomplishes them as resources allow. As stated in the preamble to 
the IFR, a revision to 46 CFR 1.03 is beyond the scope of this 
rulemaking.

Sections 114.600 and 175.600  Incorporation by Reference

    Several standards incorporated by reference have been changed to 
reference the most recent edition. In addition, based on revisions to 
Secs. 116.300, 177.300, and 177.410, the ABS Guide for High Speed Craft 
and MIL-R-21607E(SH) ``Resins, Polyester, Low Pressure Laminating, Fire 
Retardant'' have been added.

Sections 114.800 and 175.800  Approved Equipment and Material.

    The statement regarding equipment approvals in Secs. 114.800 and 
175.800 has been deleted by the Coast Guard, because this practice has 
not been done in years.

Sections 115.107 and 176.107  Period of Validity.

    Eight comments expressed concern over inspection creep. The 
comments recommended that the Certificate of Inspection (COI) should 
expire on the last day of the month and year of inspection. An 
additional comment suggested that, with the three-year inspection 
interval, operators have an opportunity to enter into a trial 
streamline-inspection program. Reinspections could be done by the 
company and the Coast Guard could monitor the effectiveness of the 
inspection program during the vessel's triennial exam.
    The Coast Guard notes that the three-year inspection interval is 
statutory in nature. The Coast Guard's Compliance Division (G-MOC) is 
examining the feasibility of establishing policies to reduce inspection 
creep. The streamlined-inspection program is being addressed under a 
separate Coast Guard rulemaking (CGD 96-055) and is beyond the scope of 
the this rulemaking.

Sections 115.113 and 176.113  Passengers Permitted

    Two comments stated that existing vessels would suffer capacity 
losses under the criteria which establishes additional exceptions to 
the rail and area rules of thumb. They stated that, because there was 
no problem with the old system of determining passenger capacity, there 
is no need for change.
    The prohibition of length of rail criteria used in conjunction with 
either fixed seating or deck area is not understood. The Coast Guard 
states that the new sections merely clarify what has been accepted 
practice by the Coast Guard for many years. Length of rail criteria was 
not allowed to be combined

[[Page 51331]]

with deck area or fixed seating under old Sec. 176.01-25(b). Existing 
vessels should not be affected by this clarification of the old 
requirement.

Sections 115.114 and 176.114  Alternative Requirements for a Vessel 
Operating as Other Than a Small Passenger Vessel

    (1) Three comments stated that, to be of any value to the industry, 
the ability to operate as other than an inspected vessel must come 
without the route, manning, and other restrictions in paragraph (c) of 
these sections.
    The Coast Guard disagrees. The operating endorsements required 
under paragraphs (c) are placed on the COI to ensure the vessel meets 
the requirements for the intended uninspected service.
    (2) Two comments stated that the wording is confusing and the 
intent of these sections needs to be explained in the preamble.
    As stated in the preambles of the NPRM, SNPRM, and IFR, the intent 
of this section is to allow an inspected small passenger vessel to 
operate as an uninspected or recreational vessel by an endorsement on 
the vessel's COI. Under 46 U.S.C. 3313(a), a small passenger vessel 
must be in compliance with its COI at all times. Sections 115.114 and 
176.114 are intended to provide for alternatives and allow small 
passenger vessels to remain competitive with uninspected vessels.
    (3) Three comments recommended that the Coast Guard automatically 
endorse vessel COI's with an endorsement to operate under subchapter C.
    The Coast Guard disagrees with automatic endorsement. As stated in 
the SNPRM preamble, by requiring an owner to request an endorsement, 
the Coast Guard can better ensure that the owner is aware of the 
implications of the endorsement and the applicable uninspected vessel 
requirements in 46 CFR chapter I, subchapter C, or recreational boat 
requirements in 33 CFR chapter I, subchapter S.
    (4) One comment stated that paragraph (b)(2) is confusing with 
regard to minimum manning specified on the vessel's COI. According to 
the comment, minimum manning is always above what an owner may be 
requesting in accordance with this section.
    The intent of paragraph (b)(2) is to allow the OCMI to state, on 
the COI, the required manning on the vessel based upon the type of 
operation and number of passengers carried. For example, many COI's 
have an endorsement stating that, when carrying less than 6 passengers, 
a deckhand is not required.
    (5) Two comments asked why freight service is excluded. Freight 
service is less prone to safety issues than passenger service.
    Freight service is not excluded. A small passenger vessel of more 
than 15 gross tons must meet the requirements of subchapters K or T as 
appropriate when carrying freight for hire. A vessel of 15 gross tons 
or less is an uninspected vessel when carrying freight for hire and, 
therefore, must meet the applicable requirements for an uninspected 
vessel.

Sections 115.204 and 176.204  Permit to Carry Excursion Party

    Three comments recommended removing paragraph (c) so that the only 
limits on loading a vessel with an excursion permit are sufficient 
stability and appropriate lifesaving equipment. One comment noted that 
there has been a change to the old regulations that requires that the 
number of passengers be limited based on seating, deck area, and rail 
space.
    The Coast Guard disagrees. The purpose of the excursion permit is 
to allow a passenger vessel to carry additional passengers or operate 
on a more severe route, or both, for a limited period of time, if the 
cognizant OCMI believes it can be done safely. The OCMI will not 
normally allow a vessel to carry more passengers than there is space 
available, regardless of sufficient stability. Overcrowding a vessel 
presents unique hazards, such as inadequate crowd control. The Coast 
Guard has determined that this is an unacceptable operating condition.
    Many vessel operators limit the number of passengers carried on a 
routine basis for various reasons including survival-craft capacity, 
fire-pump requirements, and operator comfort. The vessel may have 
adequate stability and space available for additional passengers, but 
the operator may choose to carry fewer than the maximum calculated. In 
this case, an excursion permit would allow the operator to carry 
additional passengers without overcrowding the vessel and to stay 
within stability limitations.
    The requirement to base passenger load on the passengers permitted 
criteria is taken from the Coast Guard's Marine Safety Manual. This 
practice has been in effect since 1960 and was placed in the SNPRM as a 
result of comments to the NPRM.

Sections 115.310 and 176.310  Certification Expiration Date Stickers

    Four comments recommended that the Coast Guard eliminate the 
prohibition of operating in the event that the Certification Expiration 
Date Sticker is damaged or lost.
    The Coast Guard disagrees. In the event the sticker is damaged, the 
owner should call the Coast Guard for another sticker. The function of 
the sticker is clearly defined in the regulations. Operating without a 
visible sticker may result in an at-sea Coast Guard boarding to verify 
the legality of the charter.

Sections 115.402 and 176.402  Initial Inspection for Certification

    One comment recommended that builders be allowed to submit plans as 
well as owners.
    The Coast Guard agrees. It is common practice for a builder to 
submit plans, on behalf of an owner, to the Coast Guard. However, it is 
the owner's responsibility to request an initial inspection for 
certification, which is the basis of the requirement. Once the 
application package is sent to the Coast Guard (including the plans 
from the builder), the owner may inform the Coast Guard to deal 
directly with the builder, as appropriate.

Sections 115.404 and 176.404  Subsequent Inspections for Certification

    Two comments asked why language was added to this section allowing 
the OCMI to require the vessel to get underway. The comments also noted 
that this is not required of other inspected vessels.
    The Coast Guard advises that the practice of getting vessels 
underway as part of the COI exam is common in many Marine Safety Office 
(MSO) zones. The language merely reaffirms the OCMI's authority to use 
an underway test to verify the condition of the vessel's internal 
structure, as well as machinery and steering. In addition, any drills 
the inspector may wish to conduct must be as if an actual emergency is 
taking place. A man-overboard drill at the dock lacks realism and is 
not as effective as an underway drill.

Sections 115.500 and 176.500  When Required

    Two comments recommended that the wording be changed to reflect 
that a reinspection can take place 60 days on either side of the COI 
anniversary date, if that is the intent of the paragraph.
    The Coast Guard advises that it is their practice to allow a 60 day 
window on either side of the COI date. No changes were made to these 
sections based on comments.

[[Page 51332]]

Sections 115.600 and 176.600  Drydock and Internal Structural 
Examination Intervals

    (1) One comment noted that the drydock and internal structural 
examinations are written as if they are two separate examinations.
    The Coast Guard advises that internal structural exams can be done 
with the vessel in or out of the water. In the past, some operators 
have hauled their vessels out of the water for only a short period of 
time and continued the internal exam back in the water. This option 
remains in place with the wording in the IFR.
    (2) One comment stated that vessels less than 65 feet carrying less 
than 12 passengers on an international voyage are being adversely 
affected by the new annual drydock and internal exam requirement 
required by paragraph (b).
    It is not the Coast Guard's intent to require vessels, not subject 
to SOLAS requirements, to meet standards derived from international 
standards. Language is added to the rule to indicate vessels subject to 
SOLAS requirements are to be hauled out annually.

Sections 115.610 and 176.610  Scope of Drydock and Internal Structural 
Examinations

    One comment recommended that propeller shafts should not be 
examined and rudders should not be removed, unless there is obvious 
damage or the inspector can otherwise justify the action.
    The Coast Guard agrees. These sections were revised as a result of 
comments to the SNPRM. Since these sections do not contradict the 
comment, no changes have been made to the rule.

Sections 115.612 and 176.612  Notice and Plans Required

    Four comments stated that the wording in paragraph (b) is 
constrictive and is contrary to good maintenance practice in the field 
and in industry. The comments recommended that the words ``but not 
limited to'' be added after the word ``maintenance.''
    The Coast Guard agrees and has added these words in both sections.

Sections 115.630 and 176.630  Tailshaft Examinations

    Four comments recommended that tailshafts not be drawn, unless 
there is obvious damage or the inspector can otherwise reasonably 
justify the action.
    The Coast Guard agrees. These sections were revised as a result of 
comments to the SNPRM. Since these sections do not contradict the 
comment, no changes have been made to the rule.

Sections 115.700 and 176.700  Permission for Repairs and Alterations

    Five comments recommended that repairs in kind to maintain a 
vessel's material state should not require the permission of the OCMI.
    Only repairs that involve altering a vessel's substantive 
characteristics or the safety of passengers must be reported to the 
OCMI for approval. The Coast Guard has determined that the language of 
this section satisfactorily addresses the comment. Repairs involving 
the replacement of plating, refastening, or other items covered in 
paragraph (a) require Coast Guard involvement because they affect 
passenger safety.

Sections 115.802 and 176.802  Hull

    Six comments recommended that specific wording be added to 
paragraph (c) to reference the working of ``wood'' hulls. One comment 
queried that if underway inspections were not required for large 
vessels, then why are they required on small vessels other than wood 
vessels? Two comments stated that seasonal vessels do not keep crews on 
board year round so the personnel are not normally present for 
inspections. If personnel were required to be on hand, then it would be 
an added cost burden to an already overburdened industry. Two comments 
recommended that underway drills should be confined to dinner-cruise 
and excursion vessels, where passengers tend to be less aware of vessel 
operations than they are on fishing and dive boats.
    As stated previously, underway inspections are commonplace at many 
MSO's regardless of hull material. Underway inspections verify the 
integrity of the hull structure regardless of hull material. Secondary 
bonds in fiberglass reinforced plastic (FRP) vessels and welds in 
aluminum and steel vessels can fail, resulting in an unsafe condition. 
Because the term ``working of the hull'' is more geared to wood hulls, 
the Coast Guard has deleted the words ``working of'' and added the 
words ``and internal structure'' to paragraph (c) to clarify the 
requirements. In addition, the operation of the main engines and 
steering gear under normal operating load can only be done underway. 
Performance of man overboard drills can also be better determined 
underway. With the new drill and crew training requirements in place, 
there should be a crew member on board during an inspection. The Coast 
Guard has determined that the days of inspections during ``winter lay-
up'' are over. The owner will have to schedule an inspection when the 
vessel is completely ready for inspection. The Coast Guard has not 
determined that there is a significant cost burden to industry in order 
to comply with an underway inspection at the vessel's inspection for 
certification.

Sections 115.808 and 176.808  Lifesaving

    In order to correct inconsistencies contained in the IFR, the Coast 
Guard has amended these sections to include the term ``inflatable 
buoyant apparatus.''

Sections 115.812 and 176.812  Pressure Vessels and Boilers

    Four comments stated that referencing Sec. 61.05 of subchapter F 
for pressure valves has reduced the inspection interval from three 
years to two. It was recommended that pressure vessel examinations be 
eliminated altogether due to the lack of casualty data and the cost to 
industry.
    The Coast Guard notes that items not inspected become neglected. To 
say that, because there have been no problems with pressure vessels, 
they no longer need to be inspected, does not take into consideration 
the idea that it is the inspection that has reduced the risk. However, 
the Coast Guard has determined that the three-year interval is 
appropriate for the types of air receivers found on small passenger 
vessels and has amended these sections accordingly.

Sections 115.920 and 176.920  Exemptions

    Two comments recommended that the Coast Guard add exemptions to the 
STCW-driven regulations.
    This request is beyond the scope of this rulemaking but may be 
addressed under the Coast Guard's on-going rulemaking on STCW (CGD 95-
062).

Sections 116.202 and 177.202  Plans and Information Required

    (1) Five comments suggested that, with the Coast Guard's 
initiatives to streamline vessel inspections, plan approval will, most 
likely, be delegated to third parties. It was recommended that a time 
frame within which plans must be approved by the Coast Guard or a 
third-party organization be added to the rule.
    The Coast Guard does not intend to delegate all plan review 
functions to third parties. However, depending on the type of vessel 
and plan, there may be options available for the use of classifications 
societies or professional engineers. The Coast Guard notes that time-
frames are dependent on the number of plans submitted and personnel 
available for review. In

[[Page 51333]]

addition, requirements for plan approval were relaxed in the IFR by 
requiring that only basic scantling plans be approved before 
construction. By reducing the number of plans that require approval 
before construction and by enabling classification societies and 
professional engineers to review construction plans, the delays 
experienced in the past should be minimized.
    (2) Two comments stated that cross curves of stability are not 
appropriate for subchapter T boats and are generally no longer used 
because of computers.
    The Coast Guard notes that cross curves contain the calculation of 
righting arms for the various angles of heel. This data is necessary 
for evaluating the stability of a vessel. However, the Marine Safety 
Center (MSC) may accept, on a case-by-case basis, computer tabulated 
righting arm data, if calculated at a close enough interval to 
accurately approximate the righting arm curves.
    (3) Two comments noted that electrical plant analysis is a new and 
time-consuming requirement for T-boats.
    The Coast Guard advises that electrical plant load analysis is not 
necessarily required on T-boats. Section 177.202(b) contains the plans 
and information that may be required by an OCMI or MSC. For the 
electrical plant load analysis requirement, sufficient capacity of the 
electrical system needs to be determined by the Coast Guard. If the 
Coast Guard cannot determine that sufficient capacity exists, then the 
owner is required to provide evidence that the electrical system is of 
sufficient capacity.
    (4) Two comments asked what constitutes reasonable destructive 
testing?
    Reasonable destructive testing includes burnout tests for 
fiberglass reinforced plastic laminates to determine resin content and 
bend tests on welding coupons, when required.

Sections 116.300 and 177.300  Structural Design

    One comment recommended that the ABS 1990 High Speed Craft guide be 
acceptable for scantlings of aluminum.
    The Coast Guard agrees and has added this to the rule. In addition, 
the ABS rules are also acceptable for vessels constructed of fiberglass 
reinforced plastic.

Sections 116.340 and 177.340  Alternate Design Considerations

    Four comments wondered what happened to the five-year rule.
    The Coast Guard advises that the five-year rule has been retained 
from the SNPRM in Sec. 177.310 of subchapter T.

Section 116.405  General Arrangement and Outfitting

    (1) The requirements for plastic pipe in concealed spaces, as 
written in the IFR, are inaccurate and contradict subchapter F and 
current Coast Guard policy. As a result, the current text in 
Sec. 116.405 (f)(1) and (f)(2) has been deleted and Sec. 116.405(f) has 
been rewritten, requiring plastic pipe to be regulated in accordance 
with subchapter F and current Coast Guard policy.
    (2) Seven comments to Sec. 116.405(i) stated that heavy-duty, 
plastic waste receptacles are the industry standard, because they are 
non-rusting and lightweight. The comments requested that the use of 
plastic waste receptacles be authorized.
    The Coast Guard states that the requirement for waste receptacles 
to be constructed of noncombustible materials is consistent with 
subchapter H and the old subchapter T. The new regulations in the IFR 
state the desired performance. This provides vessel owners with 
potential options by not explicitly restricting the use of plastics, as 
long as an equivalent level of safety can be achieved.

Section 116.415  Fire Control Boundaries

    (1) The Coast Guard provides the following comments on Type 6 
spaces. Tables 116.415(b) and (c) were modified in the IFR to be more 
consistent with subchapter H. However, for ease of application, the 
three types of accommodations spaces in subchapter H were simplified to 
two in subchapter K. Specifically, type 6 and type 7 spaces in 
subchapter H were consolidated into a single category (type 7) in 
subchapter K. This consolidation increased the boundary requirements 
for a number of spaces that would have been classified as type 6 in 
subchapter H. Therefore, the type 6 category has been added to 
subchapter K. Additionally, the bulkhead requirement in table 
116.415(b) for a boundary between a type 5 and 7 space has been reduced 
from A-15 to B-15, in order to be consistent with subchapter H.
    (2) Table 116.415(b) is amended to clarify that distinct 
stairtowers must be separated with A-0 bulkheads.

Section 116.422  Ceilings, Linings, Trim, Interior Finish, and 
Decorations

    (1) Three comments recommended restoring the provision from the 
NPRM that allowed the use of gypsum wall board in boundaries not 
required to be structural fire control boundaries.
    This issue was addressed in the preamble to the IFR. The 
regulations explicitly state the performance without making detailed 
reference to specific construction materials. Approved, noncombustible-
faced gypsum board is available from several suppliers at a comparable 
cost to paper-faced gypsum board.
    (2) One comment suggested that the term ``combined area of the 
bulkheads'' in Sec. 116.422(c)(2) include the ceiling.
    The Coast Guard agrees and has changed this section to include the 
ceiling.

Section 116.423  Furniture and Furnishings

    (1) Four comments questioned that, if CAL TB 133 is the same as UL 
1056, then why is CAL TB 133 not included in the regulations or 
incorporated by reference? Commercial sources recognize and rely on CAL 
TB 133.
    The Coast Guard advises that CAL TB 133 is acceptable as discussed 
in the preamble of the IFR. It is not incorporated by reference because 
it applies to a particular State. UL 1056 was developed to provide a 
national standard and, thus, there is no need to reference any 
particular, local government requirement. However, revised NVIC 6-80 
will state that CAL TB 133 is an acceptable alternative to UL 1056.
    (2) Three comments recommended that carpet should be allowed on 
bulkheads because of its sound and acoustical control. The comments 
stated that the use of rated carpet should not be a problem. The Coast 
Guard was reminded that airlines use carpeting on bulkheads. The 
comments pointed out that carpeting is easier to maintain than a 
painted surface. As a minimum, one comment recommended that it be 
allowed at least on chair rails.
    The Coast Guard disagrees. The issue of carpeting on bulkhead walls 
was adequately addressed in the preamble to the IFR.

Section 116.427  Fire Load of Accommodation and Service Spaces

    The Coast Guard advises that paragraph (a) of this section has been 
amended to indicate that fire load calculations are not required for 
low risk service spaces.

Section 116.433  Windows and Air Ports in Fire Control Boundaries

    The Coast Guard has concluded that the use of glass in stairtowers 
needs some clarification and text is added to this section, 
accordingly. A-class doors

[[Page 51334]]

should include limitations on glass consistent with those in subchapter 
H. The text is amended to read similar to subchapter H, Sec. 72.05-
25(b)(4). Along with this change, Sec. 116.435(c)(9) is amended to 
allow unrestricted use of glass in doors opening out onto open decks.

Section 116.435  Doors

    (1) One comment requested that the Coast Guard consider using ASTM 
F 1384 instead of UL 10B as the standard for fire testing doors.
    The Coast Guard stated that the regulations, which contain 
prescriptive requirements for doors, do not specifically call out UL 
10B. NVIC 6-80 discusses acceptable tests, such as UL 10B. Revised NVIC 
6-80 will state that test requirements, such as ASTM F 1384 and UL 10B, 
are available as options to the minimum requirements in the 
regulations.
    (2) Four comments recommended that the Coast Guard not ban 
horizontal doors and consider gravity neutral hatches.
    Horizontal doors are not banned. They simply cannot be used in 
passenger areas. Horizontal doors are not appropriate for use by 
passengers because of the awkward situation caused by opening or 
closing these devices during egress.

Section 116.438  Stairtowers, Stairways, Ladders, and Elevators

    (1) Two comments suggested that, for vessels in domestic service, 
appropriately located and protected exterior stairways should be 
equivalent to stairtowers.
    The Coast Guard states that, in addition to protection from the 
effects of fire, indoor stairtowers afford protection from severe 
weather. No changes were made to this section.
    (2) One comment recommended that this section include a maximum 
vertical height on intermediate stairway landings similar to subchapter 
H requirements.
    The Coast Guard disagrees. Because of the nature of vessels, 
particularly vessels constructed to subchapter K, inherent limitations 
on vessel construction make it impractical to install stairways which 
have large flights uninterrupted by landings. No changes were made to 
this section.
    (3) After further review of Sec. 116.438, the Coast Guard revised 
this section as follows. Paragraph (k)(2) is revised to require that 
stairtowers give access to either an embarkation station, as opposed to 
an embarkation deck, or an area of refuge. The term ``embarkation 
station'' was used for consistency with the term used in Sec. 116.510. 
Paragraph (k)(3) is revised to clarify which spaces constitute 
``enclosed spaces in which a fire is likely to originate.'' Paragraph 
(l)(6) is revised for clarity by deleting the words ``satisfactory'' 
and ``vertical.'' By deleting these words, the paragraph requires that, 
in the absence of stairtowers, stairs must provide a means of escape, 
which refers back to the definition of ``means of escape'' in 
Sec. 114.400.

Section 116.439  Balconies

    Paragraph (d) is revised to require that sprinkler systems be 
designed in accordance with NFPA 13 (which has recently been modified 
to address marine sprinkler systems) as opposed to Sec. 76.25. 
Paragraph (e) is reworded to clarify that the open area in a balcony 
space must be at least 93 square meters (1,000 square feet), unless 
other provisions are installed.

Section 116.440  Atriums

    Paragraph (c) is revised to require that sprinkler systems be 
designed in accordance with NFPA 13 (which has recently been modified 
to address marine sprinkler systems) as opposed to Sec. 76.25.

Section 116.500  Means of Escape

    Paragraph (a) is revised to indicate that a ladder and a deck 
scuttle are acceptable as a second means of egress for crew spaces on 
any vessel, regardless of length. Difficulty has been encountered in 
the application of paragraph (h). In the IFR, this paragraph indicates 
that the maximum allowable travel distance to a means of egress could 
not exceed 46 meters (150 ft). Means of egress is (and was in the IFR) 
defined as ``a continuous and unobstructed way of exit travel from any 
point in a vessel to an embarkation station or area of refuge.'' The 
intent of Sec. 116.500(h) is to limit the distance of travel to a 
protected area, such as a stairway, area of refuge, or embarkation 
station. Section 116.500(h) is revised to clarify that travel distance 
to an exit may not exceed 46 meters, measured as actual walking 
distance. A definition was added to Sec. 114.400 to define ``exit'' as 
either an area protected as a stairway, or a door which leads to an 
area of refuge or an embarkation station. Paragraph (p)(1) is amended 
to change the maximum dimension for a space that is permitted to have a 
single means of escape from 3.6 meters to 30 square meters to be 
consistent with other subchapters.

Section 116.520  Emergency Evacuation Plan

    Paragraph (b) is amended to clarify that evacuation procedures must 
be developed for all possible casualty scenarios determined as required 
by paragraph (a). Since promulgation of the IFR, some difficulties have 
been encountered in determining acceptable standards for refuge areas. 
The preamble to the IFR indicated that standards for a refuge area are 
intended to be performance based. In the absence of a systematic 
approach which considers plausible fire scenarios and methods used to 
protect passengers while the crew attempts fire suppression or 
passengers await embarkation of lifesaving appliances, the Coast Guard 
considers the following minimum provisions acceptable: (1) minimum 
separation from other spaces other than voids, cofferdams, and tanks of 
A-60 integrity; (2) ventilation systems shall only service a single 
area of refuge, unless separated from other spaces by smoke and fire 
dampers; and (3) the refuge area shall be located in a public space 
above the bulkhead deck.

Sections 116.600 and 177.600  Ventilation of Enclosed and Partially 
Enclosed Spaces

    One comment queried about requirements for ventilation of passenger 
accommodation spaces.
    The Coast Guard acknowledges that reference to passenger 
accommodation spaces was inadvertently deleted during the revision of 
this section for the IFR. Wording is added to the final rule.

Section 116.610  Ventilation Ducts

    Four comments stated that Heating Ventilation and Air Conditioner 
(HVAC) return air should not require ducting if there is adequate air 
grille area near the HVAC unit, and does not require penetration of a 
Class A barrier. Another comment stated that the enclosed ceiling area 
should be able to be used as a return plenum.
    The Coast Guard advises that there are numerous arrangements for 
ventilation which may meet the intended performance. There are current 
Coast Guard policies on this issue and the revision of NVIC 6-80 on 
structural fire protection will formally incorporate many of these. It 
is not realistic to include all of this information in the text of the 
regulations. The text of the regulations includes only the basic 
requirements which permit flexibility for the designer. The Coast Guard 
has changed the regulations by removing the requirement that non-steel 
ducts must be fitted with steel sleeves at each A-

[[Page 51335]]

Class or B-Class fire control boundary penetrated. In addition, the 
regulations prohibiting a stairway or stairtower to serve as an air 
return for another space; a duct in a bulkhead or overhead designed for 
the passage of air from one space to another; or the use of concealed 
spaces as return ventilation plenums or ducts have been removed.

Sections 116.820 and 177.820  Seating

    Two comments recommended restoring the SNPRM wording ``by permanent 
or temporary means.'' This option permits the rearranging of 
furnishings for different functions.
    The Coast Guard notes that the wording in the SNPRM was removed due 
to a comment that stated the wording was confusing and unnecessary. The 
change was considered editorial in nature and did not affect the 
section. The Coast Guard has not determined that paragraph(d)(4) 
precludes operators from moving furniture to accommodate a particular 
charter. The bottom line is that the seats must be secured to prevent 
injury to passengers.

Section 177.900  Deck Rails

    (1) One comment questioned whether the requirements of paragraph 
(g)(1) applied to a vessel applying for an excursion permit. The 
comment noted that the cost of installing new rails, chain link fence, 
or bars may be prohibitive.
    The Coast Guard states that paragraph (g)(1) does apply. Small 
passenger vessels should already meet the requirements for rail course 
spacing.
    (2) One comment suggested that as older vessels come up for 
recertification, the new rail height requirements should be applied. 
Another comment recommended that Commandant institute a change to 46 
CFR 177.35-1(d) and require sport fishing vessels that travel ocean 
routes be required to have rails at least 42 inches high, or sea rails 
from 30 to 42 inches. This will increase safety by requiring higher 
rails on vessels that encounter heavier sea conditions. A third comment 
recommended that all rail heights on passenger carrying vessels should 
be at least 40 inches. Where angling equipment requires a lower rail, a 
ten inch hinged section can be incorporated.
    The Coast Guard's position since the NPRM in 1989 is that 1 meter 
rails are consistent with SOLAS standards, and appropriate for small 
passenger vessels. Retrofitting railing on existing vessels was 
considered in the original cost benefit analysis, but the cost could 
not be justified based on the casualty statistics. Therefore, no 
changes were made to these sections.

Section 116.960  Guards for Exposed Hazards

    Three comments addressed a question posed by the Coast Guard in the 
IFR regarding non-skid surfaces on stairs and open hatch protection. 
The comments stated the need for non-skid surfaces on stairways, and 
open hatch protection are best left to the operators. Common sense is a 
better guide than prescriptive standards.
    The Coast Guard thanks the industry for providing this input. No 
further action will be taken at this time.

Section 116.1030  Operating Station Visibility

    One comment urged the Coast Guard to make a clear, non-technical 
statement concerning the use of tinted glass in the operating station.
    The Coast Guard advises that the use of industry standards is 
intended to aid the industry in complying with the regulations. Owners 
and operators wishing to tint their pilothouse windows must communicate 
the standards to the vendor who will make sure the correct products are 
used.

Section 116.1160  Watertight Integrity

    The Coast Guard received eight comments regarding the 6'' coaming 
requirement. The requirement for 6'' coamings is a problem for some 
vessels, especially vessels that are designed with a small aft cockpit 
used as a boarding area. It is difficult to let people know that there 
is a coaming to negotiate as they enter the vessel. It should be noted 
that more than 65% of passenger injuries occur in this area of a 
vessel. The comment desired to know if there is some way to minimize 
the coaming in this area. The comment understands the requirement for 
fore deck areas, but an aft cockpit area may have better than 40'' of 
bulwark. Two comments also understand downflooding, but passenger 
injuries should take precedence. The Coast Guard notes that 
Sec. 171.122 only applies to vessels of at least 100 gross tons. These 
comments were considered in developing Sec. 179.360. Ensuring that 
passengers and crew are aware of potential trip and fall hazards is the 
responsibility of the vessel owner/operator. Warning signs, safety 
instructions and adequate embarking and disembarking points should 
assist in accommodating these issues. The Coast Guard reminds owners 
and operators of small passenger vessels that 46 CFR subparts 114.540 
and 175.540 accommodate the issue of equivalents for subchapter K and T 
vessels respectively. ``The Commandant may approve any arrangement * * 
* which provides a level of safety equivalent to that established * * 
*'' may assist an owner or operator in determining equivalent or 
alternative coaming requirements.

Section 177.410  Structural Fire Protection

    Internal review by the Coast Guard identified possible 
misinterpretation of the requirements for fiber reinforced plastic, 
specifically the text of Sec. 177.410(b) in the IFR. Coast Guard policy 
has allowed resin systems that do not meet MIL-R-21607 to be accepted 
as fire retardant resins if they have a flame spread rating of 25 or 
less when tested to ASTM Standard E-84 (per NVIC 8-87 with Change 1). 
This policy was changed with the publication of the IFR which raised 
the maximum E-84 flame spread rating to 100 for qualifying fire 
retardant resins. The text of Sec. 177.410(b) of this rule is amended 
to retain the allowance of fire retardant resins meeting MIL-R-21607 
that was previously in subchapter T regulations for vessels that carry 
150 passengers or less. For polyester resins that have not been 
accepted under MIL-R-21607 or other resin types such as epoxy, 
phenolic, and vinyl ester, alternate acceptance criteria using ASTM E-
84 have been established. The end result is that the spirit of NVIC 8-
87 requirements for fire retardant resins has been effectively 
incorporated into the regulation. In order to qualify resin systems 
using ASTM E-84, either the resin manufacturer or the shipbuilder must 
submit test results of the resin system as tested in a glass fiber 
laminate form. The regulation does not specify a laminate schedule for 
testing, but rather specifies a range of laminate thickness and a 
minimum resin content by percent weight. The glass fiber reinforcement 
may be in any form (i.e., chopped strand mat, woven roving, cloth, 
chopped fiberglass) as long as the test laminate contains a minimum of 
40 percent resin content by weight. This resin content was chosen in 
order to be consistent with the requirements of MIL-R-21607 which 
specifies a resin content between 38 and 44 percent. A resin system 
that passes the ASTM E-84 requirements may be used in any laminate, of 
any thickness, resin content, and with any type of fiber reinforcement 
including glass fiber, polymer fiber, and carbon fiber. The Coast Guard 
has determined that this provides an acceptable equivalent to the MIL-
R-21607 requirements for a fire retardant rating. Note that the 1 year 
weathering criteria is not required for

[[Page 51336]]

laminates tested to ASTM E-84. If a builder, using a certain lay-up 
process and laminate schedule, is able to attain the required flame 
spread rating even though the particular resin system used has not 
previously qualified as fire retardant, then a request for 
consideration for qualifying that specific laminate schedule in a 
particular vessel may be submitted to the MSC.

Section 178.310  Applicability Based on Length and Passenger Capacity

    One comment noted that following references to three or four 
different regulations is extremely complicated for individuals with 
limited reading skills.
    The Coast Guard appreciates the concern with the complicated nature 
of the regulations, and agrees that they can be confusing. However, 
continuous efforts are being made to simplify the format. The 
regulatory cites in paragraphs (a) and (b) provide options for 
compliance with intact stability standards. To repeat wording on the 
same page or out of subchapter S would be redundant and make the 
regulations more confusing.

Section 178.325  Intact Stability Requirements for a Sailing Vessel

    One comment questioned why sailing school vessel stability 
standards are included in this part.
    The Coast Guard states that part 169 refers to subchapter S, parts 
170-174, for stability requirements, as does Sec. 178.325. Sailing 
school vessels can also be inspected as subchapter T boats. For this 
reason, reference to them must be included in this subchapter.

Section 178.330   Simplified Stability Proof Test

    The Coast Guard has reevaluated this section. The simplified 
stability test on passenger vessels less than 65 feet is done in 
accordance with Sec. 178.330 (Sec. 171.030 in old subchapter T). The 
vessel is to be loaded as described in Sec. 178.330(a)(4). The 
traditional method for conducting the simplified test is provided on 
Coast Guard form, CG-4006 (Rev. 8-79). This form dates back to 
``Ancient'' subchapter T in Sec. 179.10-1, but the verbiage in new 
subchapter T is quite similar. Basically, the total weight of all 
persons and other loads are to be on board and ``distributed so as to 
provide normal operating trim and to simulate the vertical center of 
gravity (VCG), causing the least stable condition that is likely to 
occur in service.'' Form CG-4006 goes one step further. On page 2 of 8, 
paragraph (2), the weight distribution on board a vessel ``having one 
upper deck above the main deck available to passengers . . .,'' has an 
additional safety factor thrown in that is not currently taken from or 
referenced in the regulations. The weight located on the one upper deck 
is the equivalent of 1.33 times the actual weight of passengers to be 
located there. The rationale for doing so is understood, however, one 
problem is it appears ``arbitrary'' with no reference in the 
regulations and no other apparent basis. It certainly does help to 
ensure the conservatism of the test, which has been proven by the test 
of time since it appears no subchapter T boats have been lost due to 
stability who have performed this simple stability test. The Coast 
Guard affirms keeping the 1.33 safety factor for weight distribution on 
the upper deck, and put it in Sec. 178.330(a)(4) of the new regulation. 
The simplified stability test is written in accordance with 
Sec. 171.030, and all other test parameters are referenced in this 
section. Although there does not appear to be any formal explanation as 
to the origin of the \1/3\ safety factor applied to the passenger 
weight distribution on the upper deck, the simplified stability test 
has clearly withstood the test of time. It has been double checked and 
validated in numerous casualty investigations, and this change will be 
made in subchapter S, under Sec. 171.030(c).

Section 179.212  Watertight Bulkheads for Subdivision

    Two comments supported the watertight division requirements for 
wooden hull vessels.
    The Coast Guard thanks the industry for this input.

Section 179.230  Damage Stability Requirements

    One comment noted that in the new regulations, vessels 
demonstrating intact stability through calculation were no longer 
required to meet damage stability requirements, and urged the Coast 
Guard to reinstate the requirement.
    The Coast Guard agrees. The damage stability requirements for 
vessels less than 19.8 meters (65 feet) carrying more than 49 
passengers and vessels carrying more than 12 passengers on an 
international voyage were inadvertently deleted in the SNPRM. In order 
to remain consistent with subchapter S, reference to Sec. 179.212(b) 
has been removed. This will ensure that any vessel required to meet 
intact stability and Type II subdivision standards in subchapter S will 
also have to meet damage stability.

Section 179.240  Foam Flotation Material

    One comment questioned why there is a length limitation of 65 feet 
for the use of foam flotation in subchapter T when there is no such 
limitation in subchapter S (Sec. 170.245). It was recommended that the 
length limitation from subchapter T be removed and leave the decision 
to the OCMI.
    The Coast Guard agrees that the regulations should be consistent. 
The NPRM originally proposed the limit on foam flotation for small 
passenger vessels, understanding that proper subdivision for larger 
vessels should not be an issue. When subchapter K was created in the 
SNPRM, subchapter K vessel stability was addressed in subchapter S. 
Subchapter S should have been revisited to address the use of foam 
flotation for subchapter K vessels. However, since approval of the use 
of foam as flotation material remains with the cognizant OCMI and/or 
the MSC, and in view of MSC experiences, the length restriction of 
subchapter T is removed and does not weaken the intent of the 
regulation. In addition, the text in Sec. 179.240(b)(1) to meet the 
requirements for fire resistance in MIL-P-21929 has been removed. The 
Coast Guard approval process for flotation foams does not currently 
require these materials to meet the fire resistance criteria in MIL-P-
21929.

Section 179.350  Openings in the Side of a Vessel Below the Bulkhead or 
Weather Deck

    One comment wanted to know if a flap-operated check valve would be 
considered a positive action valve.
    The Coast Guard says no. Positive action valves are gate, ball, 
barrel, or globe valves.

Section 179.360  Watertight Integrity

    One comment recommended that the Coast Guard reconsider six inch 
coaming requirements due to trips and falls of passengers. Another 
comment recommended that the Coast Guard consider the use of removable 
coamings that could be used in the event of severe weather to minimize 
downflooding.
    The coaming issue has been previously discussed under 
Sec. 116.1160. The use of removable coamings is not specifically 
prohibited in the regulations. However, the Coast Guard has determined 
that a coaming installed only part of the time would add to passenger 
confusion and injuries in the event of an emergency such as rough 
weather.

Sections 117.10 and 180.10  Applicability to Vessels on an 
International Voyage

    One comment asked what subchapter W is? Another comment recommended 
a vessel less than 65 feet carrying less

[[Page 51337]]

than 12 passengers on an international voyage should not have to meet 
SOLAS requirements and carry life rafts.
    The Coast Guard advises that reference to subchapter W (46 CFR 
chapter I, subchapter W) was a proactive step designed to minimize the 
number of revisions to the final rule. Subchapter W was published as an 
interim rule on May 20, 1996. The Coast Guard also states that it was 
not its intention to require vessels, not subject to SOLAS, to meet 
requirements based upon international standards. Both sections are 
revised to indicate requirements for vessels subject to SOLAS.

Sections 117.15 and 180.15  Applicability to Existing Vessels

    Two comments stated that all existing vessels should have the 
option of a ten year phase-in period regarding survival craft 
installation.
    The Coast Guard disagrees. The Coast Guard's stand on 
grandfathering has not changed since the publication of the SNPRM and 
the IFR.

Sections 117.64 and 180.64  Emergency Position Indicating Radiobeacons 
(EPIRB)

    One comment stated that the Coast Guard should not require EPIRBs 
until a cost benefit analysis shows the need for these devices.
    In the report ``A Study of Lifesaving Systems,'' the Coast Guard 
determined that more lives would have been saved if the vessels 
involved would have had EPIRBs rather than inflatable survival craft. 
The successes seen in the fishing vessel industry as a result of the 
required 406MHz satellite EPIRB supports the need for the small 
passenger vessel industry to upgrade to the more accurate and reliable 
device.

Sections 117.68 and 180.68  Distress Flares and Smoke Signals

    (1) One comment questioned the exemption of not requiring vessels 
on short runs to carry distress signals. The comment noted that 
recreational vessels are required to carry distress signals.
    The Coast Guard advises that the exemption is designed for ferries 
and other vessels on set schedules and operating not far from shore. No 
changes have been made to these sections.
    (2) After review of the IFR, the Coast Guard has included ``limited 
coastwise'' as an applicable route in paragraph (a) of both sections.

Section 180.70  Ring Life Buoys

    (1) One comment recommended that the term ``ring life buoy'' be 
used in the title for subpart C.
    The Coast Guard agrees. In both subchapters K and T, the heading 
for subpart C reads ``Ring Life Buoys and Life Jackets.''
    (2) After review of Secs. 117.70(c)(5) and 180.70(c)(5), the Coast 
Guard has changed the term ``510 kilograms'' to ``5 kilonewtons'' to 
indicate force units.

Sections 117.71 and 180.71  Life Jackets

    (1) Six comments stated that the allowance for additional personal 
flotation devices (PFDs) to be carried for a temporary need and not 
marked with a vessel's name, but with another name or a company's name, 
needs to be addressed in this section.
    This change would reduce the amount of confusion and 
misinterpretation within the Coast Guard and industry. The Coast Guard 
agrees. Language is included in Sec. 122.604 to allow another vessel's 
name or a company's name to be on life jackets used to meet a temporary 
need.
    (2) One comment recommended that all passengers be required to wear 
an inflatable life vest which fits the body and can be, in an 
emergency, inflated by pulling a string.
    The Coast Guard has not determined that this is a practical 
solution for reducing the number of fatalities due to an individual 
falling overboard. The master of a vessel is responsible for the 
passengers and crew of that vessel. In instances of rough weather or 
other potentially dangerous situations, the master is responsible for 
ensuring that the passengers and crew are properly outfitted for an 
emergency.

Section 180.75  Life Jacket Lights

    One comment recommended that ferries and vessels operating within 
20 miles from a harbor of safe refuge be required to carry life jacket 
lights.
    The Coast Guard disagrees. The Coast Guard has determined that 
vessels operating within 20 miles from a harbor of safe refuge are 
close enough to search and rescue resources so that, by the time 
assistance arrives on scene, persons in the water should not become 
separated too far from survival craft (inflatable buoyant apparatus 
(IBA), life floats, and buoyant apparatus) equipped with marker lights. 
This is especially true with the rapid distress notification proven 
with the Category 1, 406 MHz, satellite EPIRB that is required for 
vessels operating on a limited coastwise route.

Sections 117.130 and 180.130  Stowage of Survival Craft

    After review of the IFR, the Coast Guard amends these sections by 
referring to the approval series 160.062 and 160.162 for hydrostatic 
release units.

Sections 117.150 and 180.150  Survival Craft Embarkation Arrangements

    The Coast Guard revises Secs. 117.150(a) and 180.150(a) to correct 
a discrepancy noted when trying to apply the survival craft embarkation 
standards. A launching appliance approved under the approval series 
160.032 is not suitable for liferafts. For davit-launched liferafts, a 
liferaft launching appliance approved under the 160.163 series (with an 
automatic release hook approved under the 160.070 or 160.170 series) is 
the appropriate requirement. For throw-over liferafts and inflatable 
buoyant apparatus where the embarkation station is greater than four 
and one-half meters (15 feet) above the waterline, a marine evacuation 
system approved under the 160.175 series is the appropriate 
requirement.

Sections 117.175 and 180.175  Survival Craft Equipment

    One comment suggested that the wording ``12-thread manila'' is 
confusing and outdated. Another comment stated that inflatable buoyant 
apparatus equipment packs are not the same as rigid buoyant apparatus.
    The Coast Guard agrees. Wording is changed to reflect a \3/8\ inch 
lanyard made of ultraviolet resistant material. Additionally, these 
sections are revised to state that an equipment pack in an inflatable 
buoyant apparatus is required to meet standards set by the 
manufacturer.

Sections 117.200 and 180.200  Survival Craft--General

    (1) One comment noted that the reference to Sec. 160.151 is not 
appropriate because it does not exist in 46 CFR. Another comment stated 
that there is no reference to inflatable buoyant apparatus in 
Sec. 160.010, and IBAs are not defined in Sec. 175.400.
    The Coast Guard states that the approval series in Sec. 160.151 has 
been used for years to indicate liferafts approved as complying with 
SOLAS. An upcoming revision to subchapter Q will contain the approval 
series in Sec. 160.151. However, a change to the text in subchapters K 
and T, referring to the approval series, would be more appropriate. As 
for inflatable buoyant apparatus and other survival craft, the same 
reference to approval series should remove the confusion.
    (2) Three comments stated that subchapter K and K'' vessels are 
their own best survival craft. The comments also stated that there 
should be no

[[Page 51338]]

difference between the survival craft requirements between subchapters 
K and T. Two comments suggested that since subchapter T boats can 
install watertight bulkheads to avoid carrying IBAs, subchapter K 
vessels should have the benefit of the lesser requirement.
    The Coast Guard disagrees. The Coast Guard's concern is putting 
large numbers of passengers in cold water offshore. Warm water 
requirements are similar between subchapters K and T. The Coast Guard 
recognizes that subchapter K vessels are built to more stringent 
standards; however, survival craft standards are driven by the number 
of passengers on board. The industry should recognize that there is a 
difference between carrying 100 passengers, 20 miles offshore and 400 
passengers on the same route. All things being equal (i.e., Steel 
vessel of similar dimensions), a subchapter K vessel requires 
structural fire protection and out of the water survival craft for 67 
percent of the passenger capacity (will accommodate 100 percent of 
passengers). The Coast Guard considers these increased requirements 
necessary to address the vessels operating environment, proximity to 
adequate rescue resources, and number of passengers carried.
    (3) Three comments noted that three miles is used as a breakpoint 
for survival craft operating on a limited, coastwise route. Offshore 
casino vessels operate beyond three miles, but no further, and should 
receive the same treatment. The comments recommended moving the 
breakpoint to five miles.
    The Coast Guard disagrees. The three mile breakpoint resulted from 
new EPIRB requirements. The EPIRB provides an equivalent level of 
safety for vessels electing to not carry additional survival craft 
within three miles. Vessels operating beyond three miles and not 
wanting to carry required survival craft must convince the OCMI that 
they have provided an equivalent level of safety.
    (4) One comment noted that in Table 117.200, Footnote 9, 
Sec. 117.207(e) should read Sec. 117.207(f).
    The Coast Guard agrees and the change is made. In addition, 
Footnote 8 is changed to read Sec. 117.207(e).
    (5) The Coast Guard deletes the term ``citation in brackets'' in 
paragraph (c) in both sections.

Section 180.202  Survival Craft--Vessels Operating on Oceans Routes

    One comment stated that 67 percent inflatable buoyant apparatus 
does not provide enough capacity for all passengers carried.
    The Coast Guard disagrees. As stated in the preamble to the IFR, 
IBAs are tested to a 150 percent overload capacity. This means that a 
vessel with 67 percent IBA capacity can accommodate 100 percent of the 
persons on board.

Section 180.204  Survival Craft--Vessels Operating on Coastwise Routes

    (1) One comment recommended that life floats be phased out because 
they do not provide adequate out of the water hypothermia protection.
    As stated in the preamble to the IFR, the Coast Guard reduced 
survival craft requirements from those proposed in the SNPRM due to the 
casualty history of the small passenger vessel industry. Even the Coast 
Guard's own study of subchapter T boat casualties concluded that more 
people would have been saved if the vessels were equipped with EPIRBs 
rather than inflatable survival craft.
    (2) One comment stated that life floats do not provide adequate 
shark protection.
    The OCMI has the latitude to require additional survival craft in 
areas considered hazardous. This may include shark infested waters. 
However, casualty statistics do not indicate a trend in fatalities due 
to shark attacks.

Sections 117.205 and 180.205  Survival Craft--Vessels Operating on 
Limited Coastwise Routes

    (1) Two comments recommended that the Coast Guard authorize vessels 
to reduce the number of IBAs required during winter months when fewer 
passengers are carried.
    The Coast Guard advises that the OCMI has the authority to endorse 
the COI with a cold water restriction.
    (2) One comment suggested that the reference to Sec. 180.204(d) is 
confusing. It was recommended that the requirements be spelled out in 
each section.
    The Coast Guard disagrees. The Coast Guard is trying to reduce 
redundant wording in the regulation.
    (3) One comment stated that wood vessels less than 65 feet 
operating on limited coastwise (LCW) routes are just as safe as FRP 
vessels in cold water and should not be required to carry inflatable 
buoyant apparatus.
    The Coast Guard advises that wood vessels account for over 90% of 
the loss of vessel/loss of life casualties over the past 20 years. 
Statistics indicate that the route of a vessel did not matter. Existing 
wood vessels less than 65 feet also have the option of installing 
watertight bulkheads in lieu of carrying inflatable survival craft.

Section 117.207  Survival Craft--Vessels Operating on Lakes, Bays, and 
Sounds Routes

    One comment recommended that vessels meeting paragraph (f) should 
use the existing 30 percent life float requirement. The comment further 
recommended changing the wording in paragraph (f) ``may be granted a 
reduction* * *'' to ``be provided with life floats of an aggregate 
capacity that will accommodate at least 30 percent of the total number 
of persons on board.''
    The Coast Guard disagrees. The wording in the IFR appropriately 
allows the OCMI latitude in reducing the amount of primary lifesaving 
equipment on board a certain vessel.

Sections 117.208 and 180.208  Survival Craft--Vessels Operating on 
River Routes

    (1) One comment recommended the Coast Guard revisit the issue of 
not requiring vessels operating within one mile of shore on a rivers 
route to carry survival craft.
    The Coast Guard states that the one mile exemption is carried over 
from the old small passenger vessels regulations. Casualty statistics 
do not warrant increased survival craft requirements on vessels 
operating in such close proximity to shore.
    (2) Two comments recommended adding a three mile equivalent or 
alternative to the 15 minute radio communication schedule.
    The Coast Guard states that the three mile distance criteria 
applied to other bodies of water is not practical in a rivers route. 
Most vessels will be exempt from survival craft requirements because 
they will operate within one mile of shore. For vessels that do operate 
beyond one mile from shore, a 15 minute communications schedule or 
participation in a Vessel Traffic Service (VTS) allows the vessel to 
quickly notify the Coast Guard in the event of a casualty.

Sections 117.210 and 180.210  Rescue Boats

    One comment stated that rescue boat is not well defined. It also 
stated that the reference to subchapter H is not specific as to which 
part. Two comments stated that the subchapter Q standard for a rescue 
boat ignores 50 years of experience. They noted that even the Coast 
Guard uses rigid hull inflatable boats with great success. The comments 
recommended that the Coast Guard consider the use of rescue boats other 
than those approved by subchapter Q. The Coast Guard agrees that rescue 
boats of the rigid-hull

[[Page 51339]]

inflatable type can provide satisfactory service. In the past, OCMIs 
have approved boats such as rigid-hull inflatables as ``equivalents'' 
to straight 160.056 rowboat-type rescue boats. This practice will not 
change. With the publication of subchapter W on May 20, 1996 (61 FR 
25272), the reference to subchapter H in Secs. 117.810 and 180.810 is 
no longer appropriate since Sec. 75.10-5(e) no longer exists. In order 
to maintain the intent of the rescue boat section, performance language 
from the old subchapter H requirement has been added to both 
subchapters K and T. In addition, the approval series 160.056 has been 
retained for vessels operating on protected waters. The 160.156 
approval series cited as the rescue boat standard in subchapter W 
allows the use of rigid-hull inflatable and entirely inflatable rescue 
boats. The Coast Guard has determined that by adding performance 
language, retaining the 160.056 standard for vessels operating on 
protected waters, and adding the 160.156 approval series for vessels 
operating on exposed and partially protected waters, the intent of the 
former subchapter H cross reference is maintained.
    As resources allow, rescue boat requirements in subchapter Q will 
be updated to reflect the variety of available, suitable boats.

Sections 118.300 and 181.300  Fire Pumps

    (1) One comment noted that the word ``manual'' is confusing when 
discussing local operation of the fire pump. The comment wanted 
clarification as to what is meant and is it the intent of the Coast 
Guard to require a manual electric switch at the pump? Two comments 
recommended the section be reworded to read ``A fire pump must be 
capable of operation from both the control station and the pump 
location.''
    The Coast Guard acknowledges that the intent is to be able to 
operate the pump from the operating station and locally at the pump. 
How that is to be accomplished is up to the owner or operator of the 
vessel. In order to reduce confusion, the word ``manual'' is deleted.
    (2) Two comments suggested that the fire pump required in 
Sec. 181.300(b) for vessels less than 65 feet carrying more than 49 
passengers is excessive and should be reconsidered using casualty data. 
In addition, fixed extinguishing systems will be required, so the fires 
encountered will be put out with portable extinguishers.
    The Coast Guard disagrees. Subchapter T previously required a fire 
pump on vessels that carry over 49 passengers. Casualty history 
available to the Coast Guard may not accurately reflect the number of 
fires on these vessels, since fires which were extinguished using the 
fire pump may not have been reported. The Coast Guard has determined 
that vessels which carry more than 49 passengers represent a risk that 
warrants requiring a fire pump, regardless of vessel size. No changes 
were made to this section.
    (3) With regard to the comment about fires encountered being put 
out with portable extinguishers, the Coast Guard disagrees, in that 
portable extinguishers are not an acceptable replacement for a firemain 
system. Portable extinguishers are adequate only for small incipient 
fires, have limited amount of agent, and provide the fire fighting 
agent for a short duration. On the other hand, hose streams off of a 
firemain system provide unlimited water supply.

Sections 118.310 and 181.310  Fire Main and Hydrants

    As previously discussed in Secs. 114.400 and 175.400, the Coast 
Guard amends Sec. 118.310 by adding a new paragraph (d) requiring 
vessels carrying more than 600 passengers or with overnight 
accommodations for more than 49 passengers to meet subchapter H fire 
main and hydrant standards. This is already required under the IFR for 
vessels carrying more than 600 passengers, and was a recommended and 
accepted practice in NVIC 11-83 for vessels with overnight 
accommodations for more than 49 passengers. In addition, Secs. 118.310 
and 181.310 are amended by adding paragraph (c) that requires isolation 
valves on fire hydrants to allow damaged hoses to be removed and 
replaced while the fire main is charged. This is a common marine design 
practice that the Coast Guard has determined must be maintained.

Sections 118.320 and 181.320  Fire Hoses and Nozzles

    As previously discussed in Secs. 114.400 and 175.400, the Coast 
Guard amends Secs. 118.320(a) and 181.320(a) by replacing ``fire 
stations'' with ``fire hydrants.''

Section 181.400  Where Required

    (1) One comment recommended that the documentation for a fixed 
CO2 fire extinguishing system be retained. The comment 
reiterated the NTSB recommendation M-95-37 from the ARGO COMMODORE fire 
casualty requiring that plan approval records for fixed fire 
extinguishing systems be maintained for the life of the vessel.
    The Coast Guard has not determined that it is necessary to issue a 
regulation requiring vessel owners to retain plan approval records for 
their vessels. NVIC 13-83 encourages vessel owners and operators to 
keep a complete set of vessel plans, including fixed firefighting 
system plans.
    (2) Four comments stated that the industry is still concerned over 
automatic shutdown of main engines and ventilation, and recommended 
that fire and heat detectors are a better alternative.
    The Coast Guard advises that detection systems are required by 
Sec. 181.400. It is true that manual systems are still required to 
shutdown machinery and ventilation, because one of the keys to fighting 
a fire is keeping the extinguishing agent in the space protected.
    (3) Three comments stated that fire extinguishing systems should 
not be retrofitted to all existing wood and FRP vessels. They stated 
the casualties do not justify the cost to the industry.
    As for justification and cost, the Coast Guard's position has not 
changed since the SNPRM and IFR. The vessels most at risk are wood and 
FRP.
    (4) One comment noted that by definition a wheelhouse is a control 
space. The comment asked if Sec. 118.400(e)(1) and (e)(2) require a 
smoke activated and manual fire detection system in the wheelhouse?
    The Coast Guard acknowledges that the wording used in the IFR would 
lead someone to believe that a detection system is required in the 
wheelhouse. However, from a practical standpoint, the Coast Guard has 
determined that placing an automatic and manual fire detection system 
in a continuously manned operating station is unnecessary. This section 
is revised accordingly.

Sections 118.410 and 181.410  Fixed Gas Fire Extinguishing Systems

    (1) After further review of the IFR, the Coast Guard has determined 
that paragraph (b)(2) of these sections needed to be revised to clarify 
when release of an extinguishing agent requires two distinct 
operations. The reference to paragraph (c)(2) may be confusing to the 
reader. The Coast Guard has amended these sections by removing any 
confusing references.
    (2) Section 118.410(d)(7)(ii) has been revised to be consistent 
with Sec. 181.410(d)(7)(ii), which requires the distribution lines to 
undergo a test similar to that conducted on the manifold system. This 
correction is needed to allow for the 300 PSI pressure

[[Page 51340]]

drop that is indicated in paragraph (d)(7)(i).

Sections 118.500 and 181.500  Required Number, Type, and Location

    One comment recommended that the regulations should better describe 
the different types of extinguishers or define portable or semi-
portable; the old regulations did.
    The Coast Guards states that the new regulations contain the same 
information as the old regulations, but in a slightly different format.

Sections 119.320 and 182.320  Water Heaters

    One comment stated that the requirements for water heaters are 
confusing. It was recommended that the Coast Guard reduce the amount of 
technical data. Hooking up a water heater is not a difficult task.
    The Coast Guard partially agrees that the language is confusing. 
Most water heater installations will meet the exception criteria in 
paragraph (b). The Coast Guard has determined that there also needs to 
be a reference to larger, higher capacity installations. The Coast 
Guard redesignates paragraph (b) as (a) and vice versa in order to 
reduce any confusion.

Section 182.415  Carburetors

    One comment noted that Coast Guard Approval Numbers 162.015, 
162.042, and 162.043 are not in the current subchapter Q. In addition, 
Approval Number 162.043 cannot be found in the Coast Guard's Equipment 
lists (COMDTINST M16714.3E) and is confusing.
    The Coast Guard agrees that the referenced Approval Numbers are 
old, and were used prior to SAE and UL standards. The intent is that 
older gas engine installations can remain in service using previously 
approved equipment as long as that equipment is in good and serviceable 
condition.

Section 119.425  Engine Exhaust Cooling

    One comment recommended allowing the injection of engine exhaust 
cooling water farther down stream if the exhaust line forward of the 
cooling water injection is properly insulated. This has been accepted 
by MSC in the past.
    The Coast Guard partially agrees. Equivalencies are granted on a 
case by case basis, and this practice will continue. If the designer is 
concerned about water injection, consider a dry horizontal system.

Sections 119.430 and 182.430  Engine Exhaust Pipe Installation

    Two comments stated that check valves installed in exhaust lines 
impede the flow of exhaust. They recommended changing the wording to 
read ``deter or minimize the in flow of water.''
    The Coast Guard partially agrees. The intent of paragraph (d) is to 
prevent cold water from entering the exhaust system. There is no 
requirement for a check valve to be installed. However, in the interest 
of clarity, the Coast Guard has determined that paragraph (c) provides 
enough guidance as to the exhaust installation, and has removed 
paragraph (d).

Section 182.435  Integral Fuel Tanks

    In the recent past, the Coast Guard has been asked to make this 
section performance based, rather than limited to strictly closed cell 
polyvinyl chloride (PVC).
    The Coast Guard agrees this should be done, and has revised this 
section to allow for equivalents to closed cell PVC foam.

Section 182.445  Fill and Sounding Pipes for Fuel Tanks

    Four comments stated that paragraph (b) of this section is entirely 
unnecessary. The comments also stated that sounding pipes are not 
always practical, and gages are expensive and troublesome. Small 
passenger vessels, especially ferries, operate on scheduled runs so 
fueling is done on a schedule corresponding to that vessel. 
Recordkeeping should be an acceptable alternative.
    The Coast Guard disagrees. Fuel tank level monitoring is an 
indispensable part of not only fuel management, but also damage 
control. If a tank is in communication with the sea, bilge, cargo, or 
any other tank, no matter what the contents, the proper level must be 
able to be determined for stability and environmental protection 
concerns.

Sections 119.458 and 182.458  Portable Fuel Systems

    One comment questioned whether the prohibition against the use of 
portable fuel systems also restricts the carriage of emergency 
gasoline-operated pumps and generators.
    The Coast Guard states that generators that use gasoline or any 
other fuel must meet the requirements of parts 119 and 120 or 182 and 
183 in subchapters K and T, respectively. As for emergency dewatering 
pumps, the Coast Guard has determined that their use should not be 
prohibited. Sections 119.458 and 182.458 are revised to allow 
dewatering pumps. Additional guidance on the carriage of spare fuel is 
in Volume II, page 10-3, of the Coast Guard MSM.

Section 119.465  Ventilation of Spaces Containing Diesel Machinery

    The Coast Guard notes that the prohibition of dampers in machinery 
space supply air ducts in paragraph (f) is contradictory to 
Sec. 116.610(f) which requires automatic fire dampers in ducts serving 
machinery spaces.
    The Coast Guard has determined that the requirements designed to 
contain a fire within a machinery space take precedence over the damper 
prohibition. Paragraph (f) in Sec. 119.465 is revised to reflect the 
requirements in Sec. 116.610(f).

Section 182.465  Ventilation of Spaces Containing Diesel Machinery

    One comment asked what if there is only one exhaust outlet for 
multiple ventilation intakes? Does the area of the exhaust have to be 
proportionally increased with the number of inlets?
    The Coast Guard advises that paragraph (c) of this section requires 
at least two intake and two exhaust ventilation ducts. Each duct must 
have the open area indicated in the paragraph. Where additional ducts 
are installed, each additional duct must meet the requirements of this 
section.

Section 182.520  Bilge Pumps

    (1) One comment stated that bilge pumps are not dewatering pumps. 
They are used for the maintenance removal of accumulated water. A 25 
gallon per minute (GPM) pump is larger than needed on vessels less than 
65 feet carrying more than 49 passengers. The comment suggested a ten 
GPM pump.
    The Coast Guard states that a 25 GPM pump has been the standard for 
30 years, and the Coast Guard sees no reason to change to a less 
conservative standard.
    (2) One comment recommended that the discharge hose mentioned in 
paragraph (b)(2) of this section be long enough to discharge the water 
over the side of a vessel.
    The Coast Guard agrees. The wording in paragraph (b)(2) is revised 
to read the same as Sec. 119.520(b)(2).

Sections 119.530 and 182.530  Bilge High Level Alarms

    (1) One comment suggested that bilge alarms are okay for vessels 
without one compartment subdivision, but excessive for other vessels.
    The Coast Guard disagrees that only vessels without one compartment 
subdivision need a high bilge level alarm. The time to discover that 
your vessel has taken on water is not when

[[Page 51341]]

you start to ``feel'' the vessel move differently. In an emergency 
situation, time is everything and can mean the difference between life 
and death.
    (2) Two comments suggested a bilge pump resettable counter in lieu 
of an indicator light. Sometimes, the bright sunlight makes it hard to 
see the indicator light, and the operator may not be aware of how many 
times the bilge pump has cycled on and off.
    The Coast Guard states that the regulation only calls for a visual 
indicator. The intent of the requirement is to give the operator an 
indication when the automatic bilge pumps are running. Where lights are 
not practical, the OCMI considers alternatives proposed by the owner or 
operator.
    (3) One comment questioned if a separate light is required to 
indicate that the automatic pump is running. This point is not clear.
    The Coast Guard states that a separate indicating light is required 
because a ``pump running'' light is not an alarm as required by 
paragraph (a). No additional clarification is required.

Section 182.610  Main Steering Gear

    One comment noted that paragraph (f)(1) of this section references 
46 CFR 111.93-11(d). This cite does not exist. The comment also 
questioned why is overload protection prohibited for steering gear 
systems?
    The Coast Guard acknowledges that the reference to Sec. 111.93-11 
is outdated. The new subchapter F cite of Sec. 58.25-55(d) is added to 
subchapter T. The Coast Guard advises that overload protection is 
prohibited on steering gear systems to ensure that the steering gear 
will continue to run until failure in an emergency. Only short-circuit 
protection is allowed for the reasons of preventing catastrophic damage 
to motors, wiring, and the possibility of fire.

Section 182.720  Nonmetallic Piping Materials

    (1) Two comments noted that this regulation means that the operator 
cannot replace a fuel or hydraulic hose with make up fittings. Ordinary 
practice is to assemble replacement hoses using material that far 
exceeds the pressure demands of the system. If a hose is replaced in an 
80 pound per square inch (psi) system with a 1000 psi hose, the proof 
test, at twice the rated pressure, is not possible.
    The Coast Guard agrees. The wording in paragraph 182.720(e)(1) is 
changed to ``twice the maximum operating pressure of the system.''
    (2) After review, the Coast Guard has revised paragraph 
182.720(e)(3)(ii) to include watertight decks in addition to watertight 
bulkheads.

Section 183.322  Multiple Generators

    One comment noted that the revision of subchapter J is complete. 
The IFR references subchapter J prior to its revision. Which version is 
to be used?
    The Coast Guard states that a review of the newly revised 
subchapter J has been done to ensure that the referenced cites are 
still accurate and appropriate. The cites listed in this rule are 
appropriate.

Sections 120.340 and 183.340  Cable and Wiring Requirements

    One comment noted that the revision to subchapter J allows the use 
of wire nuts for wire and cable connections. Subchapters K and T 
specifically prohibit the use of wire nuts. The regulations need to be 
consistent and not allow the use of wire nuts.
    The Coast Guard states that wire nuts are allowed in subchapter J 
subject to very specific conditions outlined in Sec. 111.60-17. The 
Coast Guard has determined that reiterating those conditions in 
paragraph (i) of these sections is appropriate in order to be 
consistent with subchapter J.

Section 183.376  Grounded Distribution Systems (Neutral Grounded)

    One comment noted that this cite correctly assumes that there could 
be a dual voltage system not fed by a dual voltage generator and, 
therefore, could be of the ungrounded or floating neutral type. Because 
this is possible, a reference needs to be made to Sec. 111.05-25 of 
subchapter J for ground detection of ungrounded systems. This will 
avoid confusion during the plan approval process for both the Coast 
Guard and industry.
    The Coast Guard agrees. Text in subchapter J is added to 
subchapters K and T under new Secs. 120.378 and 183.378 entitled 
``Ungrounded Systems.''

Section 183.430  Portable Lights

    One comment suggested that small (30 feet or less), outboard 
powered, open boat (or small boat with no enclosed engine space) should 
be required to carry only one operable, portable light.
    The Coast Guard advises that this type of request should be made to 
the OCMI. It is reasonable to assume that, if the vessel is not 
equipped with a separate machinery space, then the portable light 
required to be outside that space is not required. A regulatory change 
is not necessary.

Sections 120.432 and 183.432  Emergency Lighting

    Two comments stated that the requirement for an emergency light to 
have a continuous operating capacity of six hours is excessive. 
Standard industrial units have a two hour capacity.
    The Coast Guard agrees. Emergency lighting used to escape from 
below deck spaces on a small passenger vessel should not need to run 
more than two hours. The six hour criterion is reduced to two hours.

Sections 121.220 and 183.220  Cooking Equipment

    One comment recommended that the Coast Guard require UL approval on 
cooking appliances, and the requirement for heavy duty hinges is 
unclear.
    The Coast Guard has determined that the general requirements 
contained in this section adequately address the safety concerns 
regarding cooking equipment on board vessels. UL, NFPA, and American 
Boat and Yacht Council (ABYC) standards were considered in drafting 
this requirement in 1989. The Coast Guard agrees that the words ``heavy 
duty'' add no value to the requirement and has removed those words from 
both Sec. 121.220 in subchapter K and Sec. 184.220 in subchapter T.

Section 184.402  Compasses

    One comment asked if existing vessels were supposed to be exempt 
from the illuminated compass requirement.
    The Coast Guard acknowledges that existing vessels are exempt 
unless the OCMI decides that due to the route or service of the vessel 
an illuminated compass is required. All new vessels, unless exempted by 
paragraph (b), are required to have an illuminated compass.

Section 121.404  Radars

    Three comments wanted to know who decides if a radar is suitable. 
There are no criteria to determine a standard. How can a designer or 
builder know what to look for? Different Coast Guard Districts may have 
different standards. The Coast Guard should either set performance 
standards or let the master decide what is appropriate, and hold the 
master responsible for the safe operation of the vessel.
    The Coast Guard agrees that performance standards are needed to 
determine if a radar is suitable. As stated in the SNPRM preamble, the 
Radio Technical Commission for Maritime Services (RTCM) was developing 
recommended standards for

[[Page 51342]]

radar on small vessels. The Coast Guard received those recommendations 
after the drafting and publication of the IFR and, therefore, could not 
publish them for public comment. The Coast Guard has determined that 
the recommendations of the RTCM are acceptable for determining the 
suitability of radar on towing vessels (61 FR 35064) and that the same 
standards should apply to small passenger vessels. However, the 
recommended standards cannot be incorporated into the Final Rule 
without public comment. Therefore, the Coast Guard will establish 
policy guidance for owners, operators, builders, and OCMIs to help 
determine the suitability of radar installations on small passenger 
vessels. The policy will be based on the RTCM standards, but will also 
allow flexibility in the event that certain recommended standards are 
impractical for small passenger vessels. Based upon feedback to the 
policy, the Coast Guard will consider revising the radar requirements 
for small passenger vessels in a future rulemaking.

Sections 121.420 and 184.420  Charts and Nautical Publications

    Two comments stated that charts and nautical publications are not 
necessary for ferries which run from point A to B and back day after 
day.
    The Coast Guard agrees that not all vessels require the same charts 
and nautical publications. The OCMI has discretion as provided by the 
words ``As appropriate...'' in paragraph (a) to allow relaxation of 
certain requirements based on a particular vessel's operation.

Sections 121.506 and 184.506  Emergency Broadcast Placard

    Two comments stated that the emergency broadcast placard is 
unnecessary. Federal Communications Commission (FCC) licensed radio 
operators and the crews are aware of the contents of a distress call. 
Even if an individual was unaware of the proper procedures, in an 
emergency, correct procedure does not take precedence; saving time and 
lives do.
    The Coast Guard disagrees. A lack of proper procedure in an 
emergency may be the difference between a quick and a delayed response 
by the Coast Guard. In many emergencies, a vessel's crew has one chance 
to get a distress call off. Valuable information regarding the 
location, number of passengers, or conditions on scene could be left 
out and thus hamper rescue efforts. The Coast Guard has determined that 
the placard serves a real purpose as a memory jogger for individuals 
using the radio in an emergency.

Sections 121.702 and 184.702  Oil Pollution Prevention Equipment and 
Procedures

    Even though the text of these sections refers to 33 CFR part 155, 
the title of these sections does not take into consideration the 
garbage plan requirements of 33 CFR 155.540. The Coast Guard amends the 
title of these sections to read ``Pollution prevention equipment and 
procedures.''

Sections 121.710 and 184.710  First Aid Kits

    Four comments stated that the rule on first aid kits is 
unacceptable and must be withdrawn. The subchapter Q approval must be 
rewritten before it can be used as a standard for subchapter T vessels. 
The approval is 46 years old and outdated. Two comments noted that the 
requirement to have or dispense drugs, even the over-the-counter 
variety, needs careful consideration. Many vessels will not dispense 
aspirin, sea-sick pills, etc., but might have them available for sale 
to reduce or remove their liability. One comment suggested that the 
routes and missions of vessels need to be considered when determining 
the type of first-aid kit required. Two comments recommended that the 
``Good Samaritan'' provision is needed in the rewrite of Sec. 160.041 
of subchapter Q. OSHA approved first aid kits should be an approved 
substitute instead of the Coast Guard approved kits.
    The Coast Guard agrees that the approval published in subchapter Q 
is outdated and should not be used as the basis of a required first aid 
kit. As a matter of policy, the Coast Guard provides manufacturers 
seeking approval of first-aid kits under approval series 160.041 with 
much more basic guidelines. The following is a list of items required 
to be in a Coast Guard Approved first-aid kit under approval series 
160.041:

(2) Units of Adhesive Bandage Compresses (16 per unit).
(2) Units of 5 cm (2 in.) Bandage Compresses (4 per unit).
(3) Units of 10 cm (4 in.) Bandage Compresses (1 per unit).
(2) Units of Triangular Bandages (1 per unit).
(2) Units of Absorbent Gauze Compresses (1 per unit).
(2) Units of 10 cm (4 in.) Gauze Roller Bandages (1 per unit).
(1) Aluminum Splint.
(1) Tourniquet.
(1) Unit of Eye Dressing Packet (Pads and Strips) (4 per unit).
(2) Units of 30 ml (1 oz) Eye Wash Solution.
(1) Unit of Ammonia Inhalants (10 per unit).
(1) Unit of Antiseptic Swabs (10 per unit).
(2) Units of 3.0 gram (0.11 oz) Burn Treatment Compound (6 per unit).
(2) Units of 324 milligram (5 grain) Aspirin Tablets (48 per unit).

    This list is provided for operators who wish to build an equivalent 
kit as allowed by the regulations. The Coast Guard has determined that 
a first aid kit is important as an initial response tool for major and 
minor injuries on board small passenger vessels. The Coast Guard notes 
that some state marine boards required first aid kits above and beyond 
the old Coast Guard regulations. These kits were basic, yet afforded 
the master an opportunity to effectively respond to cuts, fish hooks 
and other minor injuries. The Coast Guard has revised the wording in 
subchapters K and T to reference the approval series 160.041, instead 
of citing the specification in subchapter Q.

Sections 122.202 and 185.202  Notice of Casualty

    Eleven comments suggested that the term ``treatment beyond first 
aid'' be better defined. The comments recommended that the Coast Guard 
adopt the ``Report of the Quality Action Team (QAT) on Marine Safety 
Investigations.''
    The Coast Guard agrees that ``treatment beyond first aid'' could be 
better defined. The Coast Guard has initiated a rulemaking project to 
address the recommendations in the QAT report. It is beyond the scope 
of this rulemaking to make changes to 46 CFR Part 4.

Section 185.280  Official Logbook for Foreign Voyages

    (1) One comment asked where an individual could obtain official 
logbooks. The comment noted that they could not be obtained from the 
Government Printing Office.
    The Coast Guard advises that the ``Official Logbook, Merchant 
Marine'' (CG-706B) can be obtained free of charge to the public through 
the General Services Administration (GSA). The supply number for the 
form is 753000F010040. In addition, the publication is not subject to 
copyright; it may be reproduced by anyone who desires to do so. 
However, care should be given not to create the appearance that the 
Coast Guard approves of an individual, entity, or group of either, as 
the appropriate source to obtain an official logbook. This can be done 
by including a statement in the book that

[[Page 51343]]

the official logbook can be obtained for free from the GSA.
    (2) One comment stated that the laws cited in official logbooks are 
outdated; 46 CFR was revised in 1983.
    As for the out of date regulatory cites, the Coast Guard does not 
guarantee either that the citations are all inclusive or current. The 
Coast Guard expressly retains the discretion to allocate limited 
resources to perform tasks that preclude the updating of the statutory 
and regulatory authorities governing the matters addressed in the 
logbook.
    (3) One comment suggested that logbooks needed to include the 
number of hours a crewmember is on watch. Crews on passenger vessels 
should not be allowed to work upwards of 30+ hours in a single stint.
    The Coast Guard states that the updating of logbooks is beyond the 
scope of this rulemaking. Besides, small passenger vessels are required 
to carry alternate crews when operating more than 12 hours in any 24 
hour period.

Sections 122.304 and 185.304  Navigation Underway

    (1) One comment recommended that senior deckhands should be allowed 
to control the movement of the vessel.
    The Coast Guard states that the master of a vessel has ultimate 
responsibility for the operation of that vessel. If the master places a 
deckhand, senior or otherwise, in control of the vessel, the master is 
still responsible for the deckhand's actions while at the helm.
    (2) One comment recommended that paragraph (a)(6) of these sections 
be reworded with ``visual and/or radar contacts'' so that visual 
contacts are not ignored.
    The Coast Guard agrees that a clarification is warranted and 
revises these paragraphs.

Sections 122.335 and 185.335  Loading Doors

    One comment noted that paragraph (a) of these sections requires 
loading doors to be closed watertight. The comment noted that vessels 
with Load Lines are only required watertight hatches below the 
freeboard deck. It was recommended that the paragraphs be revised to 
allow for weathertight loading doors.
    The Coast Guard agrees. The reference to watertight is removed. 
Loading doors that are required to be watertight should be watertight 
when closed and secured. The same goes for weathertight hatches.

Sections 122.410 and 185.410  Watchmen

    One comment recommended that these sections be expanded to include 
language that a watchman shall provide assistance and protection to ill 
passengers located in deck areas. Another comment recommended that 
Commandant institute a change to 46 CFR 185.22 and require that at all 
times during which bunks in passenger areas below the main deck are 
occupied, the vessel's patrolman be required to guard against missing 
passengers as well as fire and other dangers. This will increase safety 
by minimizing the possible length of time before a passenger is 
discovered missing.
    The Coast Guard agrees. Any passenger at risk of falling overboard 
should be identified and dealt with properly by the crew in order to 
prevent a man overboard situation. The sections are revised to include 
guarding against a man overboard situation.

Sections 122.420 and 185.420  Crew Training

    (1) Two comments recommended the words ``once every three months'' 
be removed from paragraph (a). Sections 122.520 and 122.524 require 
monthly drills and training.
    The Coast Guard disagrees. Certain aspects of the emergency 
instruction placard and Station Bill are not covered in the monthly 
drills. In addition, the once every three month requirement is intended 
to be used as a refresher and review of the vessel's safety procedures. 
Drills need not be carried out during this crew training.
    (2) Five comments noted that many companies operate sister or 
comparably equipped vessels. The term ``sister vessel'' should be 
incorporated into this section.
    The Coast Guard agrees that sister vessels within a fleet should be 
considered for crew training and drill purposes. A new paragraph (b) is 
added to address training on sister vessels.
    (3) Two comments suggested paragraph (a) is contrary to good crew 
training. To bring a fresh, new crew member up to par, especially in a 
multiple boat fleet, is impossible without on the job training. 
Experience and shepherding from senior crew members are the best 
training methods, especially when backed up by company training 
sessions. The Coast Guard states that as with any job, new crew members 
will have fewer responsibilities than the more senior crew members. The 
Coast Guard does not see how requiring a company to indoctrinate new 
employees is contrary to good crew training. If individuals are going 
to be placed in a position of responsibility during an emergency, then 
they should have the requisite level of training.
    (4) One comment stated that drill documentation needs to be better 
explained in Secs. 122.420, 122.520, and 122.524. One comment 
recommended that language should be revised or added to state that when 
a vessel gets underway with passengers on board, the crew shall have 
sufficient training to handle an emergency. Three comments agreed with 
drill documentation; one disagreed. One comment stated that crew 
training requirements are too costly, especially for seasonal 
operations.
    The Coast Guard considers the language of the crew training 
sections of subchapters K and T to be appropriate and does not see the 
need to shorten or further generalize the language.
    (5) One comment suggested that crew training should be amended to 
include the identification of seasickness, with extreme nausea, as a 
hazardous condition.
    The Coast Guard has not determined that additional language 
regarding seasickness is appropriate under the crew training sections. 
Sections covering man overboard, rough seas, and the revised Watchman 
sections provide adequate guidance to the master concerning their 
responsibilities and that of their crew to prevent or respond to a man 
overboard situation.
    (6) One comment stated that logging drills is common sense, 
however, there is no requirement to keep attendance records on who has 
been trained. It was recommended that this requirement be added to the 
rule.
    The Coast Guard notes that it is the master's responsibility to 
provide training to all members of a vessel's crew. The Coast Guard 
agrees that attendance records would be beneficial in determining 
compliance with the crew training requirements. However, the Coast 
Guard does not want to limit the compliance options currently open to 
vessel operators. During the comment period other options such as 
training cards carried by each crewmember were discussed.

Sections 122.504 and 185.504  Passenger Count

    Seven comments stated that passenger counts are not accurate. The 
intent of these sections is understood, but the problem is with 
compliance for some operators, especially ferry vessel operators. One 
comment suggested that the requirement to keep a count of disembarking 
passengers should not be required for ferry vessels. Another comment 
recommended that a passenger count should not be required on vessels 
traveling less than a mile or on a run of less than 30 minutes.

[[Page 51344]]

    The Coast Guard's position on passenger lists and counts has not 
changed from what was stated in the IFR. The Coast Guard needs to be 
informed of the number of people on board a vessel in the event of a 
casualty or other emergency requiring Coast Guard assistance. The 
requirements leave compliance methods up to the operator. The Coast 
Guard has determined that the maximum amount of flexibility has been 
built into the requirements while still maintaining the integrity of 
the law in 46 U.S.C. 3502.

Sections 122.506 and 185.506  Passenger Safety Orientation

    (1) Two comments stated that passengers do not listen to the 
passenger safety orientation presentation. Eight comments recommended 
that the use of placards on bulkheads, especially on ferries and 
vessels in short (less than 30 minutes) and multiple stop service, be 
authorized. One comment stated that placards and handouts would only be 
read by those who read the PFD placards, that is, no one.
    The Coast Guard advises that the intent of the regulation is to 
inform passengers of basic safety equipment locations and emergency 
procedures in the event of an emergency. This will help reduce the 
amount of confusion among passengers when crew members are trying to 
maintain control in an emergency.
    (2) Two comments recommended authorizing the use of a tape 
recording on orientation when Secs. 121.610 and 184.610 become 
mandated. Another comment recommended authorizing the use of handouts 
on vessels operating on oceans and coastwise routes. The Coast Guard 
agrees that all vessels should be able to use the alternative 
announcement in paragraph (b).
    (3) One comment suggested that paragraph (b)(2) is 
counterproductive, would alarm passengers, and prove to be a boon to 
ambulance chasers. One comment stated that the requirement for 
overnight passengers to don PFDs and receive a safety orientation in 
paragraph (d) trickled down from subchapters H and K and should be 
eliminated from subchapter T.
    The Coast Guard disagrees. Some operators commented that the 
announcement is not practical due to vessel design, operating 
environment, duration of voyage, or other restrictions. The Coast Guard 
agrees that the requirement could be more flexible, especially for 
ferries on short (less than 15 minute) runs. A new paragraph (c) has 
been added to allow the OCMI latitude in the use of bulkhead placards 
for ferries under unique operating conditions.
    (4) Two comments recommended changing the language in paragraph (a) 
to read ``as soon as possible after getting underway'' to allow for 
some flexibility in the passenger orientation requirement.
    The Coast Guard agrees. Paragraph (a) is changed to allow 
flexibility in when the orientation is given.
    (5) One comment recommended adding zero tolerance language to 
safety orientation.
    The Coast Guard indicates there are no plans to add zero tolerance 
language to safety orientation. However, vessel operators are not 
precluded from adding their company's zero tolerance language to the 
passenger orientation.
    (6) One comment recommended that the Coast Guard should emphasize 
that seasickness is a hazardous condition, and that ill passengers 
should notify the crew, find a ``buddy'' to assist them during the 
illness, and don a PFD.
    The Coast Guard agrees that all passengers who become ill have the 
right to contact a crewmember or the master. It is the master's 
responsibility to look after the passengers on his or her vessel. 
Afterall, this is a service industry and passengers should expect to be 
taken care of once on board a vessel. However, the Coast Guard has not 
determined that it is necessary to require the master of a vessel to 
announce that if passengers are ill, to report to a crewmember.
    (7) One comment recommended that operators of older vessels, with 
lower than legal handrails.
    The Coast Guard states since grandfathered vessels are allowed to 
have rails at a height previously approved, they are not illegal.
    (8) Two comments suggested that the welcome aboard speech should 
not contain language that states that the master will require 
passengers to don PFDs in the event of a hazardous condition. Sea 
conditions that would require the donning of PFDs are avoided by 
operators.
    The Coast Guard disagrees. The language is consistent with 
Secs. 122.508 and 185.508. Informing passengers that in an emergency, 
they shall be required to don life jackets as directed by the Captain 
should not put them under any undue duress.

Section 185.508  Wearing of Life Jackets

    (1) One comment suggested that crewmembers should be required to 
wear type 5 inflatable PFDs on deck when the master determines it is 
necessary due to weather or other extreme operating conditions. ``The 
failure of the master to give such an order under such circumstances is 
gross negligence.''
    The Coast Guard emphasizes that the master of a vessel has the 
authority to require the crew to don PFDs due to operating or weather 
conditions. Inflatable PFDs are allowed as per Sec. 117.73 (c) and (d), 
and Sec. 180.73 (c) and (d) as work vests as long as they are approved 
as such under the 160.053 or 160.077 series.
    (2) One comment was uncomfortable with the wording that the master 
shall require passengers to don life jackets under certain 
circumstances including ``severe weather.'' Severe weather needs to be 
better defined or the word ``shall'' be changed to ``may.''
    The Coast Guard states that replacing ``shall'' with ``may'' 
defeats the purpose of the requirement. This section outlines the 
master's responsibility for getting passengers and crew into life 
jackets under certain circumstances. No changes to this section were 
made.
    (3) One comment stated that paragraph (a)(4) requires passengers to 
don PFDs when the vessel is under tow. This wording should be changed 
to ``disabled vessels under tow'' in order to avoid the interpretation 
that when the vessel is using an assist tug to come alongside a pier, 
the passengers must don PFDs.
    The Coast Guard disagrees that paragraph (a)(4) should be clarified 
with the proposed language in the comment.
    (4) One comment recommended adding paragraph (c) ``The master of 
the vessel shall strongly recommend that if passengers become seasick 
and remain on deck, they should don a lifejacket.''
    The Coast Guard agrees with the intent of the comment about seasick 
passengers donning life jackets. However, the master of the vessel is 
responsible for safety of the passengers while on board his or her 
vessel. A prudent mariner, noting a passenger in distress to the point 
of being in danger of falling overboard, will take the appropriate 
action to ensure that passenger's safety. The Coast Guard has 
determined that no changes to this section of the regulations are 
required at this time.

Section 185.510  Emergency Instructions

    One comment recommended including seasickness with nausea in the 
emergency instructions and indicate appropriate cautionary actions to 
be undertaken by the crew. The emergency instructions are geared toward 
emergencies affecting the entire vessel.

[[Page 51345]]

    The Coast Guard has not determined that it is appropriate to 
address individual seasickness in this section.

Section 122.520  Abandon Ship and Man Overboard Drills and Training

    Three comments stated that the requirement that a vessel cannot get 
underway if more than 25% of the crew has not received training is 
burdensome. Abandon ship and man overboard drill techniques, once 
mastered, are transferable. It is recommended that paragraph (2) be 
deleted as written. Restate as a goal that the master shall ensure that 
each crewmember is trained to respond in an emergency. Four comments 
recommended allowing for crossover training on sister vessels. As 
stated previously, the Coast Guard modified the paragraph's language to 
allow for sister vessel training. However, paragraph (b)(2) will be 
retained so that new employees will receive the proper indoctrination 
prior to getting underway with passengers.
    The Coast Guard agrees that certain drill techniques are 
transferable, however, vessel specific items such as fire hydrant 
location and survival craft type are not.

Section 122.524  Fire Fighting Drills and Training

    Three comments stated that fire fighting drills are supported as 
long as the master's duty is cast as a goal instead of a prescriptive 
standard.
    The Coast Guard contends that the requirements are appropriate as 
written.

Sections 122.602 and 185.602  Hull Markings

    One comment stated that the hull marking requirements, 
specifically, the loading and draft mark requirements, are not 
necessary. Another comment noted that paragraph (c)(2) requires three 
draft marks. It was recommended that the rule define the center mark as 
the limiting draft, and that the fore and aft marks are the limiting 
trim in either direction.
    The Coast Guard's position on hull markings has not changed. The 
Coast Guard agrees that paragraph (c)(2) could be better written. Both 
sections have been rewritten to clarify the hull marking requirements.

Section 122.604  Lifesaving Equipment Markings

    Two comments stated that referencing IMO resolutions is not 
practical for small passenger vessel owners. These publications are 
difficult to locate and expensive to purchase. It was recommended to 
not cite the reference, but quote the specific language.
    The Coast Guard advises that the referenced IMO publication for 
lifesaving equipment markings is used as an alternative to the 
standards spelled out in Secs. 122.604(f) and 185.604(f). These symbols 
can be obtained at the local MSO, and it is not necessary to purchase 
the publication.

Sections 122.730 and 185.730  Servicing of Inflatable Liferafts, 
Inflatable Buoyant Apparatus, Inflatable Life Jackets, and Inflated 
Rescue Boats

    After review, the Coast Guard has determined that liferafts and 
IBAs should be required to be serviced at a facility approved, by the 
Commandant, to service that particular brand. The reference in the IFR 
to the procedures in Sec. 160.151 is troublesome because Sec. 160.151 
does not exist. A reference to Sec. 160.051, which does exist, would be 
obsolete and require revision soon. However, both current and proposed 
rules require that approved servicing facilities perform approved 
servicing in accordance with the applicable regulations.

Section 170.173  Criterion for Vessels of Unusual Proportion and Form

    One comment recommended that this section be revised to incorporate 
intact stability standards and policy (NVICs, PFMs, and MTNs) currently 
used by the MSC for vessels that operate on protected and partially 
protected waters.
    The Coast Guard agrees. Criteria used successfully in the past and 
listed in MSC's PFM 1-89 are incorporated into this rule.
Part 171--Special Rules Pertaining to Vessels Carrying Passengers
    Public comments brought to the Coast Guard's attention that certain 
sections regarding bulkhead penetrations, watertight integrity, and 
deck drainage for vessels less than 100 gross tons had mistakenly been 
deleted from subchapter S. The Coast Guard has determined that the 
error occurred during the creation of subchapter K. When the NPRM was 
published in 1989, the Coast Guard proposed that the stability 
requirements in subchapter S for vessels less than 100 gross tons be 
moved back into subchapter T for the convenience of the reader. The 
proposal also involved the removal of redundant language in subchapter 
S. When subchapter K was proposed in the 1994 SNPRM, language was added 
to part 116 requiring subchapter K vessels to meet applicable stability 
standards in subchapter S with some exceptions noted in subpart K. 
However, the proposed revisions to subchapter S deleting certain 
requirements for vessels of less than 100 gross tons were not removed 
from the rulemaking document. In February, 1997, the MSC sent out 
bulletin 01-97 to naval architects, designers, and boat builders 
throughout the United States explaining the error and providing interim 
guidance until publication of the final rule. The Coast Guard has 
amended part 171 in this final rule by reinstating Secs. 171.110, 
171.114, 171.115, 171.119, 171.120, 171.122, 171.124, 171.130, 171.140, 
171.145, 171.150, and 171.155 as published in the October 1, 1995 
edition of 46 CFR parts 166 to 199. The Coast Guard apologizes for any 
confusion this error may have caused to the small passenger vessel 
industry.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Secs. 114.600 and 175.600 for incorporation by reference under 5 U.S.C. 
552 and 1 CFR part 51. Copies of the material are available from the 
sources listed in those sections.

Regulatory Evaluation

    This Final rule is a significant regulatory action under section 
3(f) of Executive order 12866 and has been reviewed by the Office of 
Management and Budget (OMB) under that Order. It is significant under 
the regulatory policies and procedures of the Department of 
Transportation (44 FR 11040; February 26, 1979). A regulatory 
evaluation, with addendum, is available in the docket for inspection 
and copying where indicated under ADDRESSES.
    A draft regulatory evaluation was prepared for the SNPRM based on 
comments to the NPRM and placed in the rulemaking docket. The 
evaluation contained information on the methodology and data sources 
used in determining costs and benefits, details on the costs and 
benefits of over 70 changes, alternatives to proposed changes, costs 
for sample small passenger vessels, and a profile of the small 
passenger fleet and its casualty history. The Coast Guard received 
several comments stating that the draft evaluation for contained 
outdated costs and objecting to the risk-assessment methodology used 
and the cost/benefit analysis.
    The SNPRM identified the three most significant monetary cost/
benefit items of this rulemaking as--
    1. Liferafts or inflatable buoyant apparatus for certain vessels;
    2. Passenger/crew lists; and
    3. Fixed fire extinguishing systems in machinery spaces.
    As a result of the comments received on the draft evaluation and 
the SNPRM

[[Page 51346]]

as a whole, the Coast Guard significantly reduced the cost of the 
rulemaking by incorporating the following changes in the IFR:
    1. Reduced the number of vessels required to carry inflatable 
survival craft.
    2. Revised the passenger and crew list requirements.
    In addition, the Coast Guard made other significant changes in the 
IFR that resulted in reduced costs to the small passenger vessel 
industry. For example, the IFR--
    1. Provided more options to meet structural fire protection 
requirements;
    2. Eliminated the requirement to install overspeed trip devices for 
main propulsion engines and generators; and
    3. Deleted the requirement to have wooden vessels more than 20 
years old drydocked annually.
    In order to address the impact of these changes, the Coast Guard 
provided an addendum to the draft regulatory evaluation prepared for 
the SNPRM. The addendum updated the changes in cost associated with the 
elimination of some of the inflatable lifesaving equipment and of the 
requirements to maintain passenger and crew list for certain vessels. 
In order to provide consistency with the draft evaluation, the addendum 
used the same methods of calculating the total and Average Annual Cost 
(AAC) of the requirements. However, the information used to calculate 
the number of vessels affected and the cost of required equipment were 
updated to provide an accurate estimate.
    The Coast Guard determined that by adopting these changes, the 
overall costs of this rule to the industry was reduced by 63 percent. 
The comments from industry on the IFR confirmed the significant cost 
reductions and applauded the Coast Guard's efforts.
    The Coast Guard has determined that the changes made by this final 
rule, including the elimination of the K' threshold, will not change 
the impact of this rule significantly. As a result, no further changes 
were made to the final regulatory evaluation adopted in the IFR.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include 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.
    As discussed at length in Small Entities section of the preamble to 
the IFR (61 FR 883), this rule will affect the operators of small 
passenger vessels. These firms come under the Standard Industrial Code 
(SIC) categories 4489 (Water Transportation of Passengers) and 4482 
(Ferries), both of which are considered small entities if they have 500 
or less employees.
    We received numerous comments pointing out an error in the Small 
Entities section in the IFR. The comments disagreed with the statement 
that few small entities operate the 405 vessels carrying more than 150 
passengers. In fact, nearly all owners and operators of small passenger 
vessels, including vessels carrying more than 150 passengers, 
constitute small entities under the SIC. Owners and operators of 
vessels carrying more than 150 passengers are subject to higher costs 
than other small passenger vessels due to additional requirements, such 
as structural fire protection. The Coast Guard contends that, despite 
these additional requirements, this rule still should not have a 
significant economic impact on owners and operators vessels carrying 
more than 150 passengers because of the size of their operations and 
volume of their business.
    As very likely all of the entities affected by this rulemaking are 
small entities, the entire regulatory evaluation prepared for this 
rulemaking is applicable to small entities. For a discussion of the 
impacts of this rulemaking, see the Regulatory Evaluation section in 
this preamble.
    The only potential impact that the changes to the IRF will have 
results from the removal of the K \1\ category. The requirement for 
stairtowers landing areas is restored for vessels having overnight 
accommodations for more than 49 passengers. However, because this type 
of vessel was built to the guidelines in NVIC 11-83, which required 
stairtower landing areas in accordance with subchapter H, this change 
will have no effect on existing vessels. In addition, it will provide 
consistency for boat builders who have built this type of vessel for 
the past 13 years. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
will answer questions by small entities concerning information on, and 
advice about, compliance with statutes and regulations, interpreting 
and applying the law to specific sets of facts supplied by the small 
entity. For questions concerning this rule, contact the Vessel 
Compliance Division (G-MOC-2) at 202-267-1464.

Collection of Information

    This final rule provides for a collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As required 
by 5 U.S.C. 3507(d), the Coast Guard submitted a copy of this rule to 
the Office of Management and Budget (OMB) for review of the collection 
of information. OMB has approved the collection. The sections providing 
for a collection are listed in the discussion of collection of 
information in the preamble to the interim final rule (61 FR 884). The 
corresponding approval number from OMB is OMB Control Number 2115-0578, 
which expires on August 13, 1999. The collections concern the 
inspection and certification of vessels, including the preparation and 
submittal of applications and plans for certificates and the marking 
vessels and equipment.
    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that, under paragraphs 2.B.2.e.(34)(c) through (e) 
of Commandant Instruction M16475.1B, this rule is categorically 
excluded from further environmental documentation. This rule concerns 
the inspection, certification, and equipping of vessels and the 
training of maritime personnel. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects

46 CFR Parts 114 and 175

    Incorporation by reference, Marine safety, Passenger vessels, 
Reporting and recordkeeping requirements.

[[Page 51347]]

46 CFR Parts 115 and 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Parts 116, 117, 119, 171, 178, 179, 180, and 182

    Marine safety, Passenger vessels.

46 CFR Parts 118 and 181

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Parts 120 and 183

    Electric power, Marine safety, Passenger vessels.

46 CFR Parts 121 and 184

    Communications equipment, Marine safety, Navigation (water), 
Passenger vessels.

46 CFR Parts 122 and 185

    Alcohol and alcoholic beverages, Drugs, Hazardous materials, Marine 
safety, Navigation (water), Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 170

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 173

    Marine safety, Vessels.

46 CFR Part 177

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.
    For the reasons set out in the preamble, the Coast Guard adopts the 
interim rule amending 46 CFR parts 114 through 122, 170, 171, 173, and 
175 through 185, which was published at 61 FR 864 on January 10, 1996, 
as a final rule with the following changes:

Subchapter K--Small Passenger Vessels Carrying More Than 150 
Passengers or With Overnight Accommodations for More Than 49 
Passengers

PART 114--GENERAL PROVISIONS

    1. The authority citation for part 114 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; 49 
CFR 1.45, 1.46. Sec. 114.900 also issued under 44 U.S.C. 3507.

    2. In Sec. 114.110, revise paragraph (a) to read as follows; remove 
paragraphs (b) and (c); redesignate paragraph (f) as paragraph (b); 
redesignate paragraphs (d) and (e) as paragraphs (c) and (d), 
respectively; and remove paragraph (g) and table 114.110(g):


Sec. 114.110  General applicability.

    (a) Except as in paragraph (b) of this section, this subchapter 
applies to each vessel of less than 100 gross tons that carries more 
than 150 passengers, or has overnight accommodations for more than 49 
passengers, and that--
    (1) Carries at least one passenger for hire;
    (2) Is chartered with or without a crew provided or specified by 
the owner or the owner's representative; or
    (3) If a submersible vessel, carries at least one passenger for 
hire.

    Note to paragraph (a): For a vessel of less than 100 gross tons 
that carries 150 or less passengers or has overnight accommodations 
for 49 or less passengers, see subchapter T of this chapter.
* * * * *
    3. In Sec. 114.400, in paragraph (b), revise the definitions for 
``accommodation space'' introductory text, ``atrium,'' ``auxiliary 
machinery space,'' ``cold water,'' ``hardwood,'' ``high risk 
accommodation space,'' ``high risk service spaces,'' ``High Speed 
Craft,'' ``low risk service spaces,'' ``machinery space,'' ``overnight 
accommodations or overnight accommodation space,'' and ``passenger 
accommodation space'' and add, in alphabetical order, a definition for 
``approval series'' and ``exit'' to read as follows:


Sec. 114.400  Definitions of terms used in this subchapter.

* * * * *
    (b) * * *
    Accommodation space (5, 6, or 7 depending on size, fire load, and 
furnishings) means a space that does not contain any cooking appliance 
other than a microwave oven or other low heat (maximum heating element 
temperature less than 121 deg.C (250 deg.F)) appliance used as a--
* * * * *
    Approval series means the first six digits of a number assigned by 
the Coast Guard to approved equipment. Where approval is based on a 
subpart of subchapter Q of this chapter, the approval series 
corresponds to the number of the subpart. A listing of approved 
equipment, including all of the approval series, is published 
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 
series), available from the Superintendent of Documents.
* * * * *
    Atrium (5 or 7 depending on fire load and furnishings) means a 
continuous deck opening connecting more than two deck levels within an 
accommodation space that is covered at the top of the series openings 
and is used for purposes other than an enclosed stairway, or a utility 
trunk for pipe, cable, or ductwork.
    Auxiliary machinery space (12) means a space containing only pumps, 
tanks, electrical machinery, ventilation or air conditioning equipment, 
refrigeration machinery, resistors steering machinery, etc., with not 
more than 2.5 kilograms per square meter (0.5 pounds per square foot) 
of combustible storage.
* * * * *
    Cold water means water where the monthly mean low water temperature 
is normally 15 degrees Celsius (59 degrees Fahrenheit) or less.
* * * * *
    Exit means--
    (1) A stairtower or a stairway which terminates at an area of 
refuge or embarkation station; or
    (2) A door which leads directly to an area of refuge or embarkation 
station.
* * * * *
    Hardwood means oak or a similar wood with a specific gravity of 
approximately 0.6 and having fire resistant properties similar to oak.
* * * * *
    High risk accommodation space (6 or 7 depending on size) means an 
accommodation space that contains a fire load greater than 15 kilograms 
per square meter (3 pounds per square foot), or a cleaning gear locker 
which contains storage space for materials other than flammable liquids 
and which has a deck area less than 5 square meters.
    High risk service spaces (9) include--
    (1) Galley;
    (2) Large laundry or drying room;
    (3) Garbage or trash disposal storage area;
    (4) Paint or lamp locker;
    (5) Cleaning gear locker or small storeroom in an accommodation 
area;
    (6) Mail or baggage room; and
    (7) Pantries and storerooms which contain flammable liquids or have 
a deck area not less than 5 square meters including connecting 
alleyways and stairs.
* * * * *
    High Speed Craft means a craft that is operable on or above the 
water and has characteristics so different from those of conventional 
displacement ships, to which the existing international conventions, 
particularly SOLAS, apply, that alternative measures should be used to 
achieve an equivalent level of safety. In order to be considered a high 
speed craft, the craft must be capable of a maximum speed equal to or 
exceeding V=3.7 X displ1667 h, where ``V'' is the maximum 
speed and ``displ'' is the vessel displacement corresponding to the 
design waterline in cubic meters.

[[Page 51348]]

    Low risk service spaces (8) include--
    (1) Cleaning gear lockers which have a deck area less than 5 meters 
containing only slop sinks, and having no room for stowing materials 
other than brooms, mops, or soap;
    (2) Small laundries or drying rooms containing only a tub, washing 
machine, and/or household type electric dryer;
    (3) Workshops that are not part of a machinery space;
    (4) Washrooms and toilet spaces; and
    (5) Motion picture projection rooms.
* * * * *
    Machinery space (10) means a space, including a trunk, alleyway, 
stairway, or duct to such a space, that contains--
    (1) Propulsion machinery of any type;
    (2) Steam or internal combustion machinery;
    (3) Oil transfer equipment;
    (4) Electrical motors of more than 10 hp;
    (5) One or more oil-fired boilers or heaters; or
    (6) Electrical generating machinery.
* * * * *
    Overnight accommodations or overnight accommodation space (5, 6 or 
7 depending on size, fire load and furnishings) means an accommodation 
space for use by passengers or by crew members, that has one or more 
berths, including beds or bunks, for passengers or crew members to rest 
for extended periods. Staterooms, cabins, and berthing areas are 
normally overnight accommodation spaces. Overnight accommodations do 
not include spaces that contain only seats, including reclining seats.
* * * * *
    Passenger accommodation space (5, 6 or 7 depending on size, fire 
load, and furnishings) means an accommodation space designated for the 
use of passengers.
* * * * *


Sec. 114.540  [Amended]

    4. In Sec. 114.540(b), remove the word ``pending''.
    5. In Sec. 114.600(b), under the entry for American Bureau of 
Shipping, add a new entry for ``Guide for High Speed Craft'' at the end 
and, under the entry for National Fire Protection Association, remove 
the words ``NFPA 13-1994'', ``NFPA 70-1993'', ``NFPA 92B-1991'', and 
``NFPA 701-1989'' and add, in their place, the words ``NFPA 13-1996'', 
``NFPA 70-1996'', ``NFPA 92B-1995'', and ``NFPA 701-1996'', 
respectively:


Sec. 114.600  Incorporation by reference.

* * * * *
    (b) * * *
* * * * *

American Bureau of Shipping (ABS)

* * * * *

Guide for High Speed Craft, 1997.............................    116.300
                                                                        

* * * * *
    6. Revise Sec. 114.800(b) to read as follows:


Sec. 114.800  Approved equipment and material.

* * * * *
    (b) Coast Guard publication COMDTINST M16714.3 (Series) ``Equipment 
Lists, Items Approved, Certificated or Accepted under Marine Inspection 
and Navigation Laws,'' lists approved equipment by type and 
manufacturer. COMDTINST M16714.3 (Series) may be obtained from New 
Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 
15250-7954.

PART 115--INSPECTION AND CERTIFICATION

    7. The authority citation for part 115 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C. 
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 743; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    8. In Sec. 115.600(b), revise the first sentence to read as 
follows:


Sec. 115.600  Drydock and internal structural examination intervals.

* * * * *
    (b) A vessel making an international voyage subject to SOLAS 
requirements must undergo a drydock examination at least once every 12 
months. * * *
* * * * *


Sec. 115.612  [Amended]

    9. In Sec. 115.612(b), remove the words ``such as'' and add, in 
their place, the words ``including, but not limited to,''.


Sec. 115.802  [Amended]

    10. In Sec. 115.802(c), remove the words ``the working of the 
hull'' and add, in their place, the words ``the hull and internal 
structure''.


Sec. 115.808  [Amended]

    11. In Sec. 115.808, in paragraph (a)(1), remove the words 
Sec. 71.25-15 in subchapter H (Passenger Vessels) of this chapter'' and 
add, in their place, the words ``Sec. 122.520 of this chapter'' and, in 
paragraph (a)(4), after the word ``liferaft'', add the words, 
inflatable buoyant apparatus,''.


Sec. 115.810  [Amended]

    12. In Sec. 115.810(b), in table 115.810(b), in the ``Test'' 
column, in the fourth sentence for the entry ``Carbon dioxide'', remove 
the word ``Inspection'' and add, in its place, the word ``Inspect''.
    13. Revise Sec. 115.812(a) to read as follows:


Sec. 115.812  Pressure vessels and boilers.

    (a) Pressure vessels must be tested and inspected in accordance 
with part 61, subpart 61.10, of this chapter; except that, they must be 
inspected once every 3 years instead of at the intervals in Sec. 61.10-
5(a), (b), and (d) of this chapter.
* * * * *

PART 116--CONSTRUCTION AND ARRANGEMENT

    14. The authority citation for part 116 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    15. In Sec. 116.300, in paragraph (b)(1)(ii), remove the words 
``Aluminum Vessels;'' and add in their place, the words ``Aluminum 
Vessels; or'' and add paragraph (b)(2) to read as follows:


Sec. 116.300  Structural design.

* * * * *
    (b) * * *
    (2) ABS Guide for High Speed Craft.
* * * * *
    16. Revise Sec. 116.405(f) to read as follows:


Sec. 116.405  General arrangement and outfitting.

* * * * *
    (f) Nonmetallic piping in concealed spaces. The use of nonmetallic 
(plastic) pipe within a concealed space in a control space, 
accommodation space, or service space is permitted in nonvital service 
only if the piping material has a flame spread rating of not more than 
20 and a smoke developed rating of not more than 10 when tested in 
accordance with ASTM E-84 or UL 723 by an independent laboratory.
* * * * *
    17. In Sec. 116.415, revise paragraph (a)(1), table 116.415(b), and 
table 116.415(c) to read as follows:


Sec. 116.415  Fire control boundaries.

    (a) * * *
    (1) Major hull structure--The hull, structural bulkheads, columns 
and stanchions, superstructures, and deckhouses must be composed of 
steel or equivalent material.
* * * * *

[[Page 51349]]



                                                                                   Table 116.415(b)--Bulkheads                                                                                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Spaces                  (1)          (2)          (3)          (4)          (5)          (6)         (7)         (8)         (9)        (10)        (11)        (12)        (13)   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Control Space (1)..............  B-0          A-0          A-0          A-0          A-15         A-60        A-60        A-0         A-60        A-60        A-60        A-0         A-0       
Stairway (2)...................  ...........  A-0 \4\      A-0          A-0          A-0          A-60        A-60        A-0         A-15        A-15        A-15        A-0         A-0       
Corridor (3)...................  ...........  ...........  C            A-0          B-0          B-0         A-0         B-0         A-0         A-0         A-0         A-0         A-0       
Embarkation Station (4)........  ...........  ...........  ...........  C            A-0          A-0         A-0         A-0         A-0         A-0         A-0         C' \1\      C         
Low Risk Accommodation (5).....  ...........  ...........  ...........  ...........  B-0          B-15        B-15        B-0 \2\     A-15        A-15        A-15        A-0         A-0       
High Risk Accommodation (6)      ...........  ...........  ...........  ...........  ...........  B-15        A-30        B-0 \2\     A-60        A-60        A-60        A-0         A-0       
 (50 sq. m.).                                                                                                                                                                        
High Risk Accommodation (7)      ...........  ...........  ...........  ...........  ...........  ..........  A-60        B-0 \2\     A-60        A-60        A-60        A-0         A-0       
 (>50 sq. m.).                                                                                                                                                                                  
Low Risk Service Spaces (8)....  ...........  ...........  ...........  ...........  ...........  ..........  ..........  C           A-0         A-0         A-0         A-0         A-0       
High Risk Service Spaces (9)...  ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........  C \3\       A-0         A-0         A-0         A-0       
Machinery Spaces (10)..........  ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........  ..........  C           A-0         A-0         A-0       
Cargo Spaces (11)..............  ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........  ..........  ..........  A-0         A-0         A-0       
Auxiliary Machinery spaces,      ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........  ..........  ..........  ..........  C' \1\      C' \1\    
 voids, fuel and water tanks                                                                                                                                                                    
 (12).                                                                                                                                                                                          
Open decks (not safety areas)    ...........  ...........  ...........  ...........  ...........  ..........  ..........  ..........  ..........  ..........  ..........  ..........  C         
 (13).                                                                                                                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Boundaries of fuel tanks, auxiliary machinery spaces, and voids that contain a fire load in excess of 2.5kg/m \2\ (0.5 pounds per square foot) must be minimum A-0 Class construction.      
\2\ Toilet space boundaries may be reduced to C'-Class.                                                                                                                                         
\3\ C-Class bulkheads may be used between two similar spaces, such as between two storerooms; however, an A-0 Class bulkhead shall be used between two dissimilar spaces, such as a storeroom   
  and a workshop.                                                                                                                                                                               
\4\ Separation is not required within a single stairtower. A-0 construction is required between two distinct stairtowers.                                                                       

*                *                *                *                *    
            *                *

                                                                                     Table 116.415(c)--Decks                                                                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          Space Above                (1)          (2)          (3)          (4)          (5)          (6)         (7)         (8)         (9)        (10)        (11)        (12)        (13)   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Space Below:                                                                                                                                                                                    
    Control Space (1)..........  A-0          A-0          A-15         A-0          A-0          A-15        A-30        A-0         A-0         A-0         A-0         A-0         A-0       
    Stairway (2)...............  A-0          C            A-0          A-0          A-0          A-0         A-0         A-0         A-0         A-0         A-0         A-0         A-0       
    Corridor (3)...............  A-0          A-0          A-0          A-0          A-0          A-0         A-15        A-0         A-0         A-0         A-0         A-0         A-0       
    Embarkation Station (4)....  A-0          A-0          A-0          C            A-0          A-0         A-0         A-0         A-0         A-0         A-0         C' \1\      C         
    Low Risk Accommodation (5).  A-15         A-15         A-0          A-0          A-0          A-0         A-15        A-0         A-0         A-0         A-0         A-0         A-0       
    High Risk Accommodation(6)   A-60         A-60         A-30         A-15         A-0          A-30        A-60        A-0         A-0         A-0         A-0         A-0         A-0       
     (50 sq. m.).                                                                                                                                                                    
    High Risk Accommodation (7)  A-60         A-60         A-60         A-30         A-15         A-60        A-60        A-0         A-0         A-0         A-0         A-0         A-0       
     (>50 sq. m.).                                                                                                                                                                              
    Low Risk Service Spaces (8)  A-0          A-0          A-0          A-0          A-0          A-0         A-0         A-0         A-0         A-0         A-0         A-0         A-0       
    High Risk Service Spaces     A-60         A-30         A-30         A-30         A-15         A-60        A-60        A-0         A-0         A-0         A-0         A-0         A-0       
     (9).                                                                                                                                                                                       
    Machinery Spaces (10)......  A-60         A-60         A-60         A-30         A-15         A-60        A-60        A-0         A-0         C           A-0         A-0         A-0       
    Cargo Spaces (11)..........  A-60         A-30         A-30         A-30         A-15         A-60        A-60        A-0         A-0         A-0         A-0         A-0         A-0       
    Auxiliary Machinery Spaces,  A-0          A-0          A-0          C' \1\       A-0          A-0         A-0         A-0         A-0         A-0         A-0         C' \1\      A-0\1\    
     voids, fuel and water                                                                                                                                                                      
     tanks (12).                                                                                                                                                                                
    Open decks (not safety       A-0          A-0          A-0          C            A-0          A-0         A-0         A-0         A-0         A-0         A-0         A-0 \1\     C         
     areas) (13).                                                                                                                                                                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Boundaries of fuel tanks, auxiliary machinery spaces, and voids that contain a fire load in excess of .025 kPa (0.5 pounds per square foot) must be minimum A-0 Class construction.         

Sec. 116.422  [Amended]

    18. In Sec. 116.422, in paragraphs (b)(2) and (c)(1), remove the 
words ``20 millimeters'' and add, in their place, the words ``2 
millimeters'' and, in paragraph (c)(2), add, after the word 
``bulkheads'', the words ``and ceiling''.
    19. Revise Sec. 116.427(a)(1) to read as follows:


Sec. 116.427  Fire load of accommodation and service spaces.

    (a) * * *
    (1) A space is designated as a low risk accommodation space by the 
owner; or
* * * * *
    20. In Sec. 116.433, add paragraph (g) to read as follows:

[[Page 51350]]

Sec. 116.433  Windows and air ports in fire control boundaries.

* * * * *
    (g) Windows complying with paragraphs (a) through (d) of this 
section may be installed in the external boundaries of stairtowers if 
there are no unprotected openings in the side of the vessel below the 
windows and if the windows are not exposed to any other parts of the 
vessel at an angle of less than 180 degrees.
    21. In Sec. 116.435, add two sentences at the end of paragraph 
(c)(9) and add paragraph (c)(10) to read as follows:


Sec. 116.435  Doors.

* * * * *
    (c) * * *
    (9) * * *. In any case, no restriction as to the area of glass will 
be made for the doors insofar as this subpart is concerned. Only glass 
of the wire-inserted type may be fitted in the doors.
    (10) Except as noted in paragraph (c)(9) of this section, doors may 
be fitted with not more than 0.065 square meters (100 square inches) of 
glass, which must be of the wire-inserted type.
* * * * *
    22. In Sec. 116.438, redesignate paragraphs (a) through (m) as 
paragraphs (b) through (n) respectively; add new paragraph (a); and 
revise newly redesignated paragraphs (m)(2), (m)(3), and (m)(6) to read 
as follows:


Sec. 116.438  Stairtowers, stairways, ladders, and elevators.

    (a) A vessel carrying more than 600 passengers or with overnight 
accommodations for more than 49 passengers must meet the requirements 
for stairways, ladders, and elevators in Sec. 72.05-20 of this chapter.
* * * * *
    (m) * * *
    (2) Each stairtower must give access to an embarkation station or 
an area of refuge identified in the emergency escape plan required by 
Sec. 116.520.
    (3) Stairtowers must not give direct access to overnight 
accommodations or spaces of type 9, 10, 11, or 12.
* * * * *
    (6) For vessels in which a stairtower is not required, a stairway 
must provide a means of escape for each deck of the main vertical zone.
* * * * *
    23. In Sec. 116.439, in paragraph (d), remove the words ``the 
requirements of Sec. 76.25 in subchapter H of this chapter'' and add, 
in their place, the words ``NFPA 13'' and revise paragraph (e) to read 
as follows:


Sec. 116.439  Balconies.

* * * * *
    (e) If the unobstructed balcony opening area is less than 93 square 
meters (1,000 square feet), the opening must be protected in accordance 
with NFPA 13 or other standard specified by the Commandant. The 
horizontal projection area of stairs, escalators, statues, etc. must be 
subtracted from the total balcony opening area for purposes of 
computation of unobstructed balcony opening area.


Sec. 116.440  [Amended]

    24. In Sec. 116.440(c), remove the words ``the requirements of 
Sec. 76.25 in subchapter H of this chapter'' and add, in their place, 
the words ``NFPA 13'.
    25. In Sec. 116.500, revise paragraph (h); in paragraph (k)(1), 
remove the words ``space; and'' and add, in their place, the words 
``space; or''; and revise paragraph (p)(1) to read as follows:


Sec. 116.500  Means of escape.

* * * * *
    (h) The maximum allowable travel distance, measured as actual 
walking distance from the most remote point in a space to the nearest 
exit, must not be more than be 46 meters (150 feet).
* * * * *
    (p) * * *
    (1) The space has a deck area less than 30 square meters (322 
square feet);
* * * * *
    26. In Sec. 116.520, revise the introductory text of paragraph (b) 
to read as follows:


Sec. 116.520  Emergency evacuation plan.

* * * * *
    (b) Provide procedures for evacuating all affected spaces for each 
casualty identified as required by paragraph (a) of this section 
without abandoning the vessel, including--
* * * * *


Sec. 116.600  [Amended]

    27. In Sec. 116.600(c), after the word ``enclosed'', add the words 
``passenger or''.


Sec. 116.610  [Amended]

    28. In Sec. 116.610, remove paragraphs (f)(3), (i), (j), and (k) 
and redesignate paragraphs (f)(4) through (f)(8) as paragraphs (f)(3) 
through (f)(7), respectively.


Sec. 116.810  [Amended]

    29. In Sec. 116.810, in paragraph (b), remove the word 
``millimeter'' and add, in its place, the word ``millimeters'' and, in 
paragraph (c), after the number ``1,065'', add the word 
``millimeters''.

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

    30. The authority citation for part 117 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    31. Revise Sec. 117.10 to read as follows:


Sec. 117.10  Applicability to vessels on an international voyage.

    A vessel on an international voyage subject to the International 
Convention for Safety of Life at Sea, 1974, as amended, (SOLAS) must 
meet the requirements in subchapter W of this chapter for passenger 
vessels in the same service, instead of the requirements of this part.
    32. In Sec. 117.68, revise the paragraph heading and introductory 
text of paragraph (a) to read as follows:


Sec. 117.68  Distress flares and smoke signals.

    (a) Oceans, coastwise, limited coastwise, and Great Lakes routes. A 
vessel on an oceans, coastwise, limited coastwise, or Great Lakes route 
must carry--
* * * * *
    33. In subpart C, revise the subpart heading to read as follows:

Subpart C--Ring Life Buoys and Life Jackets


Sec. 117.70  [Amended]

    34. In Sec. 117.70(c)(5), remove ``510 kilograms'' and add, in its 
place, ``5 kilonewtons''.
    35. Add Sec. 117.71(e) to read as follows:


Sec. 117.71  Life jackets.

* * * * *
    (e) Each life jacket carried on board the vessel must be marked in 
accordance with Sec. 122.604 of this chapter.


Sec. 117.130  [Amended]

    36. In Sec. 117.130(b), remove the words ``in accordance with 
Sec. 160.062 in subchapter Q of this chapter, or other'' and add, in 
their place, the words ``under part 160, subparts 160.062 or 160.162, 
of this chapter or a''.
    37. Revise Sec. 117.150(a) introductory text to read as follows:


Sec. 117.150  Survival craft embarkation arrangements.

    (a) A launching appliance approved under part 160, subpart 160.163, 
of this chapter or a marine evacuation system approved under part 160, 
subpart 160.175, of this chapter must be provided for each inflatable 
liferaft and

[[Page 51351]]

inflatable buoyant apparatus when either--
* * * * *
    38. In Sec. 117.175, redesignate paragraphs (c) through (f) as 
paragraphs (d) through (g), respectively; add a new paragraph (c); and 
revise newly redesignated paragraph (f)(4) to read as follows:


Sec. 117.175  Survival craft equipment.

* * * * *
    (c) Inflatable buoyant apparatus. Each inflatable buoyant apparatus 
must be equipped in accordance with the manufacturer's approved 
servicing manual.
* * * * *
    (f) * * *
    (4) Light. The light must be a floating waterlight approved under 
part 161, subpart 161.010, of this chapter or a standard specified by 
the Commandant. The floating waterlight must be attached around the 
body of the life float or buoyant apparatus by a 10 mm (3/8 inch) 
lanyard, resistant to deterioration from ultraviolet light, and at 
least 5.5 meters (18 feet) in length.
* * * * *
    39. In Sec. 117.200, in paragraph (a)(1), remove the words 
``Subpart 160.151 in subchapter Q'' and add, in their place, the words 
``Approved under part 160, subpart 160.151,''; in paragraph (a)(2), 
remove the words ``Subpart 160.027 in subchapter Q'' and add, in their 
place, the words ``Approved under part 160, subpart 160.027,''; in 
paragraphs (a)(3) and (a)(4), remove the words ``Subpart 160.010 in 
subchapter Q'' and add, in their place, the words ``Approved under part 
160, subpart 160.010,''; in paragraph (b), remove the words ``buoyant 
apparatus or''; in paragraph (c), remove the last sentence; and, in 
table 117.200(c), revise footnotes 8 and 9 to read as follows:


Sec. 117.200  Survival craft--general.

* * * * *
    (c) * * *
    Table 117.200(c)
* * * * *
    Footnotes:
* * * * *
    8 Shallow water exception--Sec. 117.207(e).
    9 OCMI may reduce survival craft requirements based upon 
the route, communications schedule, and participation in VTS--
Sec. 117.207(f) and Sec. 117.208(e).
* * * * *
    40. In Sec. 117.210, redesignate paragraph (b) as paragraph (c); 
add a new paragraph (b); and revise newly redesignated paragraph (c) to 
read as follows:


Sec. 117.210  Rescue boats.

* * * * *
    (b) In general, a rescue boat must be a small, light-weight boat 
with built-in buoyancy and be capable of being readily launched and 
easily maneuvered. In addition, it must be of adequate proportion to 
permit taking an unconscious person on board without capsizing.
    (c) On a vessel of more than 19.8 meters (65 feet) in length 
operating on protected waters, a rescue boat complying with part 160, 
subpart 160.056, of this chapter is acceptable in meeting the intent of 
this section. On a vessel of more than 19.8 meters operating on exposed 
or partially protected waters, a rescue boat approved under part 160, 
subpart 160.156, of this chapter is acceptable in meeting the intent of 
this section. On a vessel of not more than 19.8 meters (65 feet) in 
length, a required rescue boat must be acceptable to the cognizant 
OCMI.

PART 118--FIRE PROTECTION EQUIPMENT

    41. The authority citation for part 118 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    42. In Sec. 118.300, revise paragraph (c) to read as follows and, 
in paragraph (e), remove the ``, manual'':


Sec. 118.300  Fire pumps.

* * * * *
    (c) On a vessel carrying more than 600 passengers or with overnight 
accommodations for more than 49 passengers, the fire pump must meet 
Sec. 76.10-5 of this chapter.
* * * * *
    43. In Sec. 118.310, revise paragraph (a) and add paragraphs (c) 
and (d) to read as follows:


Sec. 118.310  Fire main and hydrants.

    (a) Except as required by paragraph (d) of this section, a vessel 
must have a sufficient number of fire hydrants to reach any part of the 
vessel using a single length of fire hose.
* * * * *
    (c) Each fire hydrant must have a valve installed to allow the fire 
hose to be removed while the fire main is under pressure.
    (d) On a vessel carrying more than 600 passengers or with overnight 
accommodations for more than 49 passengers, the fire main and hydrants 
must meet Sec. 76.10-10 of this chapter.


Sec. 118.320  [Amended]

    44. In Sec. 118.320, in paragraph (a), remove the words ``fire 
stations located an'' and add, in their place, the words ``fire 
hydrants located on'' and, in paragraph (c)(1), remove ``Sec. 162.027 
in subchapter Q'' and add, in its place ``part 162, subpart 162.027,''.


Sec. 118.400  [Amended]

    45. In Sec. 118.400(e), after the word ``Except'', add the words 
``for continuously manned operating stations''.
    46. In Sec. 118.410, revise paragraphs (b)(2) and (c)(2)(ii); in 
paragraph (d)(1), remove the words ``fitting or'' and add, in their 
place, the words ``fitting of''; in paragraph (d)(7)(i), remove the 
word ``value'' and add, in its place, the word ``valve''; revise the 
first sentence of paragraph (d)(7)(ii) to read as follows; in paragraph 
(d)(8)(iii), remove the word ``value'' and add, in its place, the word 
``valve''; in paragraph (f)(4)(v), remove the words ``millimeters is 
determined'' and add, in their place, the words ``millimeters (inches) 
is determined'' and, after the word ``kilograms'', add the word 
``(pounds)''; and, in paragraph (f)(5)(i), after the word 
``kilograms'', add the word ``(pounds)''.


Sec. 118.410  Fixed gas fire extinguishing systems.

* * * * *
    (b) * * *
    (2) Except for a normally unoccupied space of less than 170 cubic 
meters (6000 cubic feet), release of an extinguishing agent into a 
space must require two distinct operations.
* * * * *
    (c) * * *
    (2) * * *
    (ii) Have manual controls in compliance with paragraph (b) of this 
section except for paragraph (b)(3) of this section.
* * * * *
    (d) * * *
    (7) * * *
    (ii) A distribution line to a space protected by the system must be 
subjected to a test similar to that described in paragraph (d)(7)(i) of 
this section, except that the pressure used must be 4,136 kPa (600 
psi). * * *
* * * * *


Sec. 118.500  [Amended]

    47. In Sec. 118.500(a), in table 118.500(a), in the column entitled 
``Min. size'', remove the entry ``2.3 kg (5 lb)'' and add, in its 
place, the entry ``4.5 kg (10 lb)''.

[[Page 51352]]

PART 119--MACHINERY INSTALLATION

    48. The authority citation for part 119 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

Sec. 119.320  [Amended]

    49. In Sec. 119.320, redesignate paragraph (a) as paragraph (b) and 
paragraph (b) as paragraph (a).


Sec. 119.430  [Amended]

    50. In Sec. 119.430, remove paragraph (d) and redesignate 
paragraphs (e) through (l) as paragraphs (d) through (k), respectively.


Sec. 119.458  [Amended]

    51. In Sec. 119.458(a), add, after the word ``for'', the words 
``portable dewatering pumps or''.
    52. Revise Sec. 119.465(f) to read as follows:


Sec. 119.465  Ventilation of spaces containing diesel machinery.

* * * * *
    (f) Except as required by Sec. 116.610(f) of this chapter, dampers 
may not be fitted in a supply duct.
* * * * *

PART 120--ELECTRICAL INSTALLATION

    53. The authority citation for part 120 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

Sec. 120.312  [Amended]

    54. In Sec. 120.312, in the introductory text, after the word 
``length'', add the words ``carrying more than 600 passengers or''.


Sec. 120.320  [Amended]

    55. In Sec. 120.320(b)(2), after ``40 deg.'', add the letter ``C''.
    56. In Sec. 120.340(i), revise the last sentence and add new 
paragraphs (i)(1) and (i)(2) to read as follows:


Sec. 120.340  Cable and wiring requirements.

* * * * *
    (i) * * *. The use of twist-on type wire nuts is permitted under 
the following conditions:
    (1) The connections must be made within an enclosure and the 
insulated cap of the connector must be secured to prevent loosening due 
to vibration.
    (2) Twist-on type connectors may not be used for making joints in 
cables, facilitating a conductor splice, or extending the length of a 
circuit.
* * * * *
    57. Add Sec. 120.378 to read as follows:


Sec. 120.378  Ungrounded systems.

    Each ungrounded system must be provided with a suitably sensitive 
ground detection system, located at the respective switchboard, that 
provides continuous indication of circuit status to ground with a 
provision to momentarily remove the indicating device from the 
reference ground.


Sec. 120.380  [Amended]

    58. In Sec. 120.380(f), before ``Sec. 111.93-11'', add the word 
``of''.


Sec. 120.432  [Amended]

    59. In Sec. 120.432(b)(4), remove the number ``6'' and add, in its 
place, the number ``2'' and, in paragraph (c), after the word 
``length'', add the words ``carrying more than 600 passengers or''.


Sec. 120.434  [Amended]

    60. In Sec. 120.434, after the word ``length'', add the words 
``carrying more than 600 passengers or''.

PART 121--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

    61. The authority citation for part 121 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec. 121.220  [Amended]

    62. In Sec. 121.220(a), remove the words ``heavy duty''.


Sec. 121.240  [Amended]

    63. In Sec. 121.240, in paragraph (c)(3), remove the word ``mut'' 
and add, in its place, the word ``must'' and, in paragraph (c)(4), 
remove the word ``secgion'' and add, in its place, the word 
``section''.
    64. Revise the section heading to Sec. 121.702 to read as follows:


Sec. 121.702  Pollution prevention equipment and procedures.

    65. Revise Sec. 121.710 to read as follows:


Sec. 121.710  First-aid kits.

    A vessel must carry either a first-aid kit approved under part 160, 
subpart 160.041, of this chapter or a kit with equivalent contents and 
instructions. For equivalent kits, the contents must be stowed in a 
suitable, watertight container that is marked ``First-Aid Kit''. A 
first-aid kit must be easily visible and readily available to the crew.

PART 122--OPERATIONS

    66. 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; 49 CFR 1.46.


Sec. 122.304  [Amended]

    67. In Sec. 122.304(a)(6), remove the words ``each closing radar 
contact'' and add, in their place, the words ``radar contact''.


Sec. 122.335  [Amended]

    68. In Sec. 122.335(a), remove the word ``watertight''.


Sec. 122.356  [Amended]

    69. In Sec. 122.356, remove the number ``179'' and add, in its 
place, the number ``176''.


Sec. 122,410  [Amended]

    70. In Sec. 122.410, remove the words ``or other danger'' and add, 
in their place, the words '', a man overboard, or other dangerous 
situation''.
    71. In Sec. 122.420, redesignate paragraph (b) as paragraph (c) and 
add a new paragraph (b) to read as follows:


Sec. 122.420  Crew training.

* * * * *
    (b) Training conducted on a sister vessel may be considered 
equivalent to the initial and quarterly training requirements contained 
in paragraph (a) of this section.
* * * * *
    72. In Sec. 122.506, revise the introductory text of paragraphs (a) 
and (b); redesignate paragraphs (c) and (d) as paragraphs (d) and (e), 
respectively; and add a new paragraph (c) to read as follows:


Sec. 122.506  Passenger safety orientation.

    (a) Except as allowed by paragraphs (b) and (c) of this section, 
before getting underway on a voyage or as soon as practicable 
thereafter, the master of a vessel shall ensure that suitable public 
announcements are made informing all passengers of--
* * * * *
    (b) As an alternative to an announcement that complies with 
paragraph (a) of this section, the master or other designated person 
may--
* * * * *
    (c) Ferries operating on short runs of less than 15 minutes may 
substitute bulkhead placards or signs for the announcement required in 
paragraphs (a) and (b) of this section if the OCMI determines that the 
announcements are not practical due to the vessel's unique operation.
* * * * *

[[Page 51353]]

Sec. 122.518  [Amended]

    73. In Sec. 122.518(b), remove the words ``or other standard 
specified by the Commandant,''.


Sec. 122.520  [Amended]

    74. In Sec. 122.520(b)(2), after the words ``particular vessel'', 
add the words ``or sister vessel''.
    75. Revise Sec. 122.524(c)(3) to read as follows:


Sec. 122.524  Fire fighting drills and training.

* * * * *
    (c) * * *
    (3) Instructions in the use and location of fire alarms, 
extinguishers, and any other fire fighting equipment on board.
* * * * *
    76. Section 122.602 is revised to read as follows:


Sec. 122.602  Hull markings.

    (a) Each vessel must be marked as required by part 67, subpart I, 
of this chapter.
    (b) Paragraphs (c) through (g) of this section apply to each vessel 
that fits into any one of the following categories:
    (1) A vessel of more than 19.8 meters (65 feet) in length.
    (2) A vessel authorized to carry more than 12 passengers on an 
international voyage.
    (3) A vessel with more than one deck above the bulkhead deck 
exclusive of a pilot house.
    (c) Each vessel that complies with the stability requirements of 
Secs. 170.170, 170.173, 171.050, 171.055, and 171.057 of this chapter 
or with Sec. 178.310 of this chapter must--
    (1) Have permanent draft marks at each end of the vessel; or
    (2) Have permanent loading marks placed on each side of the vessel 
forward and aft to indicate the maximum allowable trim and amidships to 
indicate the maximum allowable draft.
    (d) A loading mark required by paragraph (c)(2) of this section 
must be a horizontal line of at least 205 millimeters (8 inches) in 
length and 25 millimeters (1 inch) in height, with its upper edge 
passing through the point of maximum draft. The loading mark must be 
painted in a contrasting color to the sideshell paint.
    (e) On a vessel that has a load line, the amidships marks required 
by paragraph (c)(2) of this section must be those required by the 
International Convention on Load Lines, 1966.
    (f) In cases where draft marks are obscured due to operational 
constraints or by protrusions, the vessel must be fitted with a 
reliable draft indicating system from which the bow and stern drafts 
can be determined.
    (g) On a vessel on which the number of passengers permitted on 
upper decks is limited by stability criteria, as indicated by the 
vessel's stability letter, the maximum number of passengers allowed on 
an upper deck must be indicated by a durable marking of at least 25 
millimeters (1 inch) numbers and letters at the entranceway to that 
deck.


Sec. 122.604  [Amended]

    77. In Sec. 122.604(b), remove the words ``vessel marked'' and add, 
in their place, the words ``vessel or company marked'.


Sec. 122.612  [Amended]

    78. In Sec. 122.612(b), remove the words ``in clearly legible 
letters'' and remove the word ``ALARMS'' and add, in its place, the 
word ``ALARM'' and, in paragraph (f), remove the word ``cleared'' and 
add, in its place, the word ``clearly'.
    79. Revise Sec. 122.730(b)(2) to read as follows:


Sec. 122.730  Servicing of inflatable liferafts, inflatable buoyant 
apparatus, inflatable life jackets, and inflated rescue boats.

* * * * *
    (b) * * *
    (2) At a servicing facility approved by the Commandant to service 
that particular brand.
* * * * *

Subchapter S--Subdivision and Stability

PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS

    80. The authority citation for part 170 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2130, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    81. Add Sec. 170.173(e) to read as follows:


Sec. 170.173  Criterion for vessels of unusual proportion and form.

* * * * *
    (e) For the purpose of demonstrating acceptable stability on the 
vessels described in Sec. 170.170(d) as having unusual proportion and 
form, compliance with paragraphs (a) through (d) of this section or the 
following criteria is required:
    (1) For partially protected routes, there must be--
    (i) Positive righting arms to at least 35 degrees of heel;
    (ii) No down flooding point to at least 20 degrees; and
    (iii) At least 15 foot-degrees of energy to the smallest of the 
following angles:
    (A) Angle of maximum righting arm.
    (B) Angle of down flooding.
    (C) 40 degrees.
    (2) For protected routes, there must be--
    (i) Positive righting arms to at least 25 degrees of heel;
    (ii) No down flooding point to at least 15 degrees; and
    (iii) At least 10 foot-degrees of energy to the smallest of the 
following angles:
    (A) Angle of maximum righting arm.
    (B) Angle of down flooding.
    (C) 40 degrees.

PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS

    82. 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; 49 CFR 1.46.

    83. In Sec. 171.110, designate the text as paragraph (a) and add 
paragraph (b) to read as follows:


Sec. 171.110  Specific applicability.

* * * * *
    (b) Section 171.114 applies to each vessel under 100 gross tons.
    84. Add Sec. 171.114 to subpart E to read as follows:


Sec. 171.114  Penetrations and openings in watertight bulkheads in a 
vessel less than a 100 gross tons.

    (a) Penetrations and openings in watertight bulkheads must--
    (1) Be kept as high and as far inboard as practicable; and
    (2) Have means to make them watertight.
    (b) Watertight bulkheads must not have sluice valves.
    (c) Each main traverse watertight bulkhead must extend to the 
bulkhead deck.
    85. In Sec. 171.115, designate the text as paragraph (a) and add 
paragraph (b) to read as follows:


Sec. 171.115  Specific applicability.

* * * * *
    (b) Section 171.119 applies to each vessel under 100 gross tons.
    86. Add Sec. 171.119 to subpart F to read as follows:


Sec. 171.119  Openings below the weather deck in the side of a vessel 
less than 100 gross tons.

    (a) If a vessel operates on exposed or partially protected waters, 
an opening port light is not permitted below the weather deck unless--

[[Page 51354]]

    (1) The sill is at least 30 inches (76.2 centimeters) above the 
deepest subdivision load line; and
    (2) It has an inside, hinged dead cover.
    (b) Except for engine exhausts, each inlet or discharge pipe that 
penetrates the hull below a line drawn parallel to and at least 6 
inches (15.2 centimeters) above the deepest subdivision load line must 
have means to prevent water from entering the vessel if the pipe 
fractures or otherwise fails.
    (c) A positive action valve or cock that is located as close as 
possible to the hull is an acceptable means for complying with 
paragraph (b) of this section.
    (d) If an inlet or discharge pipe is inaccessible, the means for 
complying with paragraph (b) of this section must be a shut-off valve 
that is--
    (1) Operable from the weather deck or other accessible location 
above the bulkhead deck; and
    (2) Labeled at the operating point for identity and direction of 
closing.
    (e) Any connecting device or valve in a hull penetration must not 
be cast iron.
    (f) Each plug cock in an inlet or discharge pipe must have a means, 
other than a cotter pin, to prevent its loosening or removal from the 
body.
    87. Revise Sec. 171.120 to read as follows:


Sec. 171.120  Specific applicability.

    Each vessel that is 100 gross tons or more must comply with 
Sec. 171.122 and each vessel under 100 gross tons must comply with 
Sec. 171.124.


Sec. 171.122  [Amended]

    88. In Sec. 171.122, in paragraph (f)(1), remove ``Table 171.122'' 
and add, in its place, ``table 171.124(d)'' and, following paragraph 
(g), remove table 171.122.
    89. Add Sec. 171.124 to subpart G to read as follows:


Sec. 171.124  Watertight integrity above the margin line in a vessel 
less than 100 gross tons.

    (a) Each hatch exposed to the weather must be watertight; except 
that, the following hatches may be weathertight:
    (1) Each hatch on a watertight trunk that extends at least 12 
inches (30.5 centimeters) above the weather deck.
    (2) Each hatch in a cabin top.
    (3) Each hatch on a vessel that operates only on protected waters.
    (b) Each hatch cover must--
    (1) Have securing devices; and
    (2) Be attached to the hatch frame or coaming by hinges, captive 
chains, or to other devices to prevent its loss.
    (c) Each hatch that provides access to crew or passenger 
accommodations must be operable from either side.
    (d) Except as provided in paragraph (e) of this section, a 
weathertight door with permanent watertight coamings that comply with 
the height requirements in table 171.124(d) must be provided for each 
opening located in a deck house or companionway that--
    (1) Gives access into the hull; and
    (2) Is located in--
    (i) A cockpit;
    (ii) A well; or
    (iii) An exposed location on a flush deck vessel.

                            Table 171.124(d)                            
------------------------------------------------------------------------
                   Route                          Height of coaming     
------------------------------------------------------------------------
Exposed or partially protected............  6 inches (15.2 centimeters).
Protected.................................  3 inches (7.6 centimeters). 
------------------------------------------------------------------------

    (e) If an opening in a location specified in paragraph (d) of this 
section is provided with a Class 1 watertight door, the height of the 
watertight coaming need only be sufficient to accommodate the door.
    90. In Sec. 171.130, designate the text as paragraph (a) and add 
paragraph (b) to read as follows:


Sec. 171.130  Specific applicability.

* * * * *
    (b) Sections 171.140, 171.145, 171.150, and 171.155 apply to each 
vessel under 100 gross tons.
    91. Add Sec. 171.140 to read as follows:


Sec. 171.140  Drainage of a flush deck vessel.

    (a) Except as provided in paragraph (b) of this section, the 
weather deck on a flush deck vessel must be watertight and have no 
obstruction to overboard drainage.
    (b) Each vessel with a flush deck may have solid bulwarks in the 
forward one-third length of the vessel if--
    (1) The bulwarks do not form a well enclosed on all sides; and
    (2) The foredeck of the vessel has sufficient sheer to ensure 
drainage aft.
    92. Add Sec. 171.145 to read as follows:


Sec. 171.145  Drainage of a vessel with a cockpit.

    (a) Except as follows, the cockpit must be watertight:
    (1) A cockpit may have companionways if they comply with 
Sec. 171.124(d).
    (2) A cockpit may have ventilation openings along its inner 
periphery if--
    (i) The vessel operates only on protected or partially protected 
waters;
    (ii) The ventilation openings are located as high as possible in 
the side of the cockpit; and
    (iii) The height of the ventilation opening does not exceed 2 
inches (5 centimeters).
    (b) The cockpit must be designed to be self-bailing.
    (c) Scuppers installed in a cockpit must be located to allow rapid 
clearing of water in all probable conditions of list and trim.
    (d) Scuppers must have a combined area of at least the area given 
by either of the following equations:

A=0.1(D) square inches.
A=6.94(D) square centimeters.

Where--

A = the combined area of the scuppers in square inches (square 
centimeters).
D = the area of the cockpit in square feet (square meters).

    (e) The cockpit deck of a vessel that operates on exposed or 
partially protected waters must be at least 10 inches (24.5 
centimeters) above the deepest subdivision load line, unless the vessel 
complies with--
    (1) The intact stability requirements of Sec. 171.150;
    (2) The Type II subdivision requirements in Secs. 171.070, 171.072, 
and 171.073; and
    (3) The damage stability requirements in Sec. 171.080.
    (f) The cockpit deck of all vessels that do not operate on exposed 
or partially protected waters must be located as high above the deepest 
subdivision load line as practicable.
    93. Add Sec. 171.150 to read as follows:


Sec. 171.150  Drainage of a vessel with a well deck.

    (a) Each well deck on a vessel must be watertight.
    (b) Except as provided in paragraphs (c) and (d) of this section, 
the area required for freeing ports in the bulwarks that form a well 
must be determined as follows:
    (1) If a vessel operates on exposed or partially protected waters, 
it must have at least 100 percent of the freeing port area derived from 
table 171.150.
    (2) If a vessel operates only on protected or partially protected 
waters and complies with the requirements in the following sections for 
a vessel that operates on exposed waters, it must have at least 50 
percent of the freeing port area derived from table 171.150:
    (i) The intact stability requirements of Secs. 171.030 or 171.050 
and Sec. 171.170.
    (ii) The subdivision requirements of Secs. 171.040, 171.043, or 
171.070.
    (iii) The damage stability requirements of Sec. 171.080.
    (3) If a vessel operates only on protected waters, the freeing port 
area

[[Page 51355]]

must be at least equal to the scupper area required by Sec. 171.145(d) 
for a cockpit of the same size.
    (c) The freeing ports must be located to allow rapid clearing of 
water in all probable conditions of list and trim.
    (d) If a vessel that operates on exposed or partially protected 
waters does not have free drainage from the foredeck aft, then the 
freeing port area must be derived from table 171.150 using the entire 
bulwark length rather than the bulwark length in the after two-thirds 
of the vessel as stated in the table.

                              Table 171.150                             
------------------------------------------------------------------------
                                                           Freeing port 
     Height of solid bulwark in inches (centimeters)       area \1\ \2\ 
------------------------------------------------------------------------
6(15)...................................................         2(42.3)
12(30)..................................................         4(84.7)
18(46)..................................................        8(169.3)
24(61)..................................................       12(253.9)
30(76)..................................................       16(338.6)
36(91)..................................................      20(423.2) 
------------------------------------------------------------------------
\1\ Intermediate values of freeing port area can be obtained by         
  interpolation.                                                        
\2\ In square inches per foot (square centimeters per meter) of bulwark 
  length in the after \2/3\ of the vessel.                              

    94. Add Sec. 171.155 to read as follows:


Sec. 171.155  Drainage of an open boat.

    The deck within the hull of an open boat must drain to the bilge. 
Overboard drainage of the deck is not permitted.

SUBCHAPTER T--SMALL PASSENGER VESSELS (UNDER 100 GROSS TONS)

PART 175--GENERAL PROVISIONS

    95. The authority citation for part 175 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; 49 
CFR 1.45, 1.46. Sec. 175.900 also issued under 44 U.S.C. 3507.

    96. In Sec. 175.110, revise paragraph (a) to read as follows; 
remove paragraph (b); redesignate paragraph (c) as paragraph (b); and 
remove paragraph (d) and table 175.100(d):


Sec. 175.110  General applicability.

    (a) Except as in paragraph (b) of this section, this subchapter 
applies to each vessel of less than 100 gross tons that carries 150 or 
less passengers, or has overnight accommodations for 49 or less 
passengers, and that--
    (1) Carries more than six passengers, including at least one for 
hire;
    (2) Is chartered with a crew provided or specified by the owner or 
the owner's representative and is carrying more than six passengers;
    (3) Is chartered with no crew provided or specified by the owner or 
the owner's representative and is carrying more than 12 passengers; or
    (4) If a submersible vessel, carries at least one passenger for 
hire.

    Note to Sec. 175.110: For a vessel of less than 100 gross tons 
that carries more than 150 passengers or has overnight 
accommodations for more than 49 passengers, see subchapter K of this 
chapter.
* * * * *
    97. In Sec. 175.400, revise the definitions for ``cold water'', 
``High Speed Craft'', ``means of escape'', and ``weather deck'' and 
add, in alphabetical order, a definition for ``approval series'' to 
read as follows:


Sec. 175.400  Definitions of terms used in this subchapter.

* * * * *
    Approval series means the first six digits of a number assigned by 
the Coast Guard to approved equipment. Where approval is based on a 
subpart of subchapter Q of this chapter, the approval series 
corresponds to the number of the subpart. A listing of approved 
equipment, including all of the approval series, is published 
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 
series), available from the Superintendent of Documents.
* * * * *
    Cold water means water where the monthly mean low water temperature 
is normally 15 degrees Celsius (59 degrees Fahrenheit) or less.
* * * * *
    High speed craft means a craft that is operable on or above the 
water and has characteristics so different from those of conventional 
displacement ships, to which the existing international conventions, 
particularly SOLAS, apply, that alternative measures should be used to 
achieve an equivalent level of safety. In order to be considered a high 
speed craft, the craft must be capable of a maximum speed equal to or 
exceeding V=3.7  x  displ1667 h, where ``V'' is the maximum 
speed and ``displ'' is the vessel displacement corresponding to the 
design waterline in cubic meters.
* * * * *
    Means of escape means a continuous and unobstructed way of exit 
travel from any point in a vessel to an embarkation station. A means of 
escape can be both vertical and horizontal, and include doorways, 
passageways, stairtowers, stairways, and public spaces. Cargo spaces, 
machinery spaces, rest rooms, hazardous areas determined by the 
cognizant Officer in Charge Marine Inspection, escalators, and 
elevators must not be any part of the means of escape.
* * * * *
    Weather deck means a deck that is partially or completely exposed 
to the weather from above or from at least two sides, except that for 
the purposes of parts 178 and 179 of this chapter, ``weather deck'' 
means the uppermost deck exposed to the weather to which a weathertight 
sideshell extends.
* * * * *
    98. In Sec. 175.600(b), under the entry for American Bureau of 
Shipping, add a new entry for ``Guide for High Speed Craft'; under the 
entry for National Fire Protection Association, remove the words ``NFPA 
70-1993'' and add, in their place, the words ``NFPA 70-1996'; and, 
under the entry for Naval Publications and Forms Center, remove the 
number ``21929B (1970)'' and add, in its place, the number ``21929C 
(1991)'' and add a new entry for ``Military Specification MIL-R-
21607E'' to read as follows:


Sec. 175.600  Incorporation by reference.

* * * * *
    (b) * * *
* * * * *

American Bureau of Shipping (ABS)

* * * * *

Guide for High Speed Craft, 1997.............................    177.300
                                                                        

* * * * *

Naval Publications and Forms Center

* * * * *

             Military Specification MIL-R-21607E(SH) (1990)             
Resins, Polyester, Low Pressure Laminating, Fire Retardant...    177.410
                                                                        

* * * * *
    99. Revise Sec. 175.800(b) to read as follows:


Sec. 175.800  Approved equipment and material.

* * * * *
    (b) Coast Guard publication COMDTINST M16714.3 (Series) ``Equipment 
Lists, Items Approved, Certificated or Accepted under Marine Inspection 
and Navigation Laws'' lists approved equipment by type and 
manufacturer. COMDTINST M16714.3 (Series) may be obtained from New 
Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 
15250-7954.

PART 176--INSPECTION AND CERTIFICATION

    100. The authority citation for part 176 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306; 49 U.S.C. 
App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p.

[[Page 51356]]

743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46.


Sec. 176.105  [Amended]

    101. In the section heading to Sec. 176.105, remove the section 
number ``170.105'' and, add in its place, the number ``176.105''.


Sec. 176.400  [Amended]

    102. In Sec. 176.400(a), remove the word ``Certification'' and add, 
in its place, the word ``Certificate''.
    103. In Sec. 176.600(b), revise the first sentence to read as 
follows:


Sec. 176.600  Drydock and internal structural examination intervals.

* * * * *
    (b) A vessel making an international voyage subject to SOLAS 
requirements must undergo a drydock examination at least once every 12 
months. * * *
* * * * *


Sec. 176.612  [Amended]

    104. In Sec. 176.612(b), remove the words ``such as'' and add, in 
their place, the words ``including, but not limited to,''.


Sec. 176.802  [Amended]

    105. In Sec. 176.802(c), remove the words ``the working of the 
hull'' and add, in their place, the words ``the hull and internal 
structure''.


Sec. 176.808  [Amended]

    106. In Sec. 176.808, in paragraph (a)(1), remove the words 
``Sec. 71.25-15 in subchapter H of this chapter'' and add, in their 
place, the words ``Sec. 185.520 of this chapter''; and, in paragraph 
(a)(4), after the word ``liferaft'', add the words '', inflatable 
buoyant apparatus,''.


Sec. 176.810  [Amended]

    107. In Sec. 176.810(b), in table 176.810(b), in the ``Test'' 
column, in the fourth sentence for the entry ``Carbon dioxide'', remove 
the word ``Inspection'' and add, in its place, the word ``Inspect''.
    108. Revise Sec. 176.812(a) to read as follows:


Sec. 176.812  Pressure vessels and boilers.

    (a) Pressure vessels must be tested and inspected in accordance 
with part 61, subpart 61.10, of this chapter; except that, they must be 
inspected once every 3 years instead of at the intervals in Sec. 61.10-
5(a), (b), and (d) of this chapter.
* * * * *

PART 177--CONSTRUCTION AND ARRANGEMENT

    109. The authority citation for part 177 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    110. In Sec. 177.300,in paragraph (c)(2), after the word ``ABS;'', 
add the word ``or''; add a new paragraph (c)(3); in paragraph 
(d)(1)(ii), after the words ``Aluminum Vessels;'', add the word ``or''; 
and add a new paragraph (d)(2) to read as follows:


Sec. 177.300  Structural design.

* * * * *
    (c) * * *
    (3) ABS Guide for High Speed Craft;
    (d) * * *
    (2) ABS Guide for High Speed Craft;
* * * * *
    111. In Sec. 177.410, revise paragraph (b) and the introductory 
text for paragraph (c) to read as follows:


Sec. 177.410  Structural fire protection.

* * * * *
    (b) Composite materials. When the hull, bulkheads, decks, 
deckhouse, or superstructure of a vessel is partially or completely 
constructed of a composite material, including fiber reinforced 
plastic, the resin used must be fire retardant as accepted by the 
Commandant as meeting MIL-R-21607. Resin systems that have not been 
accepted as meeting MIL-R-21607 may be accepted as fire retardant if 
they have an ASTM E-84 flame spread rating of not more than 100 when 
tested in laminate form. The laminate submitted for testing the resin 
system to ASTM E-84 must meet the following requirements:
    (1) The test specimen laminate total thickness must be between 3.2 
and 6.4 millimeters (\1/8\ to \1/4\ inch).
    (2) The test specimen laminate must be reinforced with glass fiber 
of any form and must have a minimum resin content of 40 percent by 
weight.
    (3) Tests must be performed by an independent laboratory.
    (4) Test results must include, at a minimum, the resin 
manufacturer's name and address, the manufacturer's designation (part 
number) for the resin system including any additives used, the test 
laboratory's name and address, the test specimen laminate schedule, and 
the flame spread index resulting from the ASTM E-84 test.
    (5) Specific laminate schedules, regardless of resin type, that 
have an ASTM E-84 flame spread rating of not more than 100 may be 
considered as equivalent to the requirement in this section to use a 
fire retardant resin. Requests for qualifying a specific laminate 
schedule as fire retardant for use in a particular vessel may be 
submitted for consideration to the Commanding Officer, U.S. Coast Guard 
Marine Safety Center, 400 Seventh Street, SW., Washington, DC 20590-
0001.
    (c) Use of general purpose resin. General purpose resins may be 
used instead of fire retardant resins if the following additional 
requirements are met:
* * * * *


Sec. 177.600  [Amended]

    112. In Sec. 177.600(c), after the word ``enclosed'', add the words 
``passenger or''.

PART 178--INTACT STABILITY AND SEAWORTHINESS

    113. 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; 49 CFR 1.46.


Sec. 178.310  [Amended]

    114. In Sec. 178.310(b) introductory text, remove the word ``ad'' 
and add, in its place, the word ``and''.
    115. In Sec. 178.330, add paragraph (a)(4)(v) to read as follows 
and, in paragraph (d)(2), remove the word ``freebound'' and add, in its 
place, the word ``freeboard'':


Sec. 178.330  Simplified stability proof test.

    (a) * * *
    (4) * * *
    (v) 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: ____
[GRAPHIC] [TIFF OMITTED] TR30SE97.001


[[Page 51357]]


Weight on Main Deck = Total Test Weight--Weight on Upper Deck
* * * * *


Sec. 178.410  [Amended]

    116. In Sec. 178.410(a), after the words ``flush deck'', add the 
word ``vessel''.

PART 179--SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY

    117. The authority citation for part 179 is revised to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    118. Revise the part heading to read as shown above.


Sec. 179.230  [Amended]

    119. In Sec. 179.230, remove ``Sec. 179.212(b)'' and add, in its 
place, ``Sec. 179.212''.
    120. Revise Sec. 179.240(a) and (b) (1) to read as follows:


Sec. 179.240  Foam flotation material.

    (a) Foam may only be installed as flotation material on a vessel 
when approved by the cognizant OCMI.
    (b) * * *
    (1) All foam must comply with MIL-P-21929C. The fire resistance 
test is not required.
* * * * *

PART 180--LIFESAVING EQUIPMENT AND ARRANGEMENTS

    121. The authority citation for part 180 continues to read as 
follows:

    Authority: 46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    122. Section 180.10 is revised to read as follows:


Sec. 180.10  Applicability to vessels on an international voyage.

    A vessel on an international voyage subject to the International 
Convention for the Safety of Life at Sea, 1974, (SOLAS) must meet the 
requirements in subchapter W of this chapter for passenger vessels in 
the same service, instead of the requirements of this part.
    123. In Sec. 180.68(a), revise the paragraph heading and the 
introductory text to read as follows:


Sec. 180.68  Distress flares and smoke signals.

    (a) Oceans, coastwise, limited coastwise, and Great lakes routes. A 
vessel on an oceans, coastwise, limited coastwise, or Great Lakes route 
must carry--
* * * * *
    124. In subpart C, revise the subpart heading to read as follows:

Subpart C--Ring Life Buoys and Life Jackets


Sec. 180.70  [Amended]

    125. In Sec. 180.70(c)(5), remove the words ``510 kilograms'', and 
add, in their place, ``5 kilonewtons''.
    126. Add Sec. 180.71(e) to read as follows:


Sec. 180.71  Life jackets.

* * * * *
    (e) Each life jacket carried on board the vessel must be marked in 
accordance with Sec. 185.604 of this chapter.


Sec. 180.130  [Amended]

    127. In Sec. 180.130(b), remove the words ``in accordance with 
Sec. 160.062 in subchapter Q of this chapter,'' and add, in their 
place, the words ``under part 160, subparts 160.062 or 160.162, of this 
chapter''.
    128. Revise Sec. 180.150(a) introductory text to read as follows:


Sec. 180.150  Survival craft embarkation arrangements.

    (a) A launching appliance approved under approval series 160.163 or 
a marine evacuation system approved under approval series 160.175 must 
be provided for each inflatable liferaft and inflatable buoyant 
apparatus when either--
* * * * *
    129. In Sec. 180.175, redesignate paragraphs (c) through (f) as 
paragraphs (d) through (g), respectively; add a new paragraph (c); and 
revise newly redesignated paragraph (f)(4) to read as follows:


Sec. 180.175  Survival craft equipment.

* * * * *
    (c) Inflatable buoyant apparatus. Each inflatable buoyant apparatus 
must be equipped in accordance with the manufacturer's approved 
servicing manual.
* * * * *
    (f) * * *
    (4) Light. The light must be a floating waterlight approved under 
approval series 161.010 or other standard specified by the Commandant. 
The floating waterlight must be attached around the body of the life 
float or buoyant apparatus by a 10 mm (3/8 inch) lanyard, resistant to 
deterioration from ultraviolet light, and at least 5.5 meters (18 feet) 
in length.


Sec. 180.200  [Amended]

    130. In Sec. 180.200, in paragraph (a)(1), remove the words 
``Subpart 160.151 in subchapter Q of this chapter,'' and add, in their 
place, the words ``Approved under approval series 160.151''; in 
paragraph (a)(2), remove the words ``Subpart 160.027 in subchapter Q of 
this chapter,'' and add, in their place, the words ``Approved under 
approval series 160.027''; in paragraphs (a)(3)and (a)(4), remove the 
words ``Subpart 160.010 in subchapter Q of this chapter,'' and add, in 
their place, the words ``Approved under approval series 160.010''; in 
paragraph (b), remove the words ``the buoyant apparatus or''; in 
paragraph (c) remove the last sentence; and, in table 180.200(c), in 
the ``Survival craft requirements'' column for the entry ``Oceans'', 
remove ``(c) warm'' and add, in its place, ``(b) warm''.


Sec. 180.202  [Amended]

    131. In Sec. 180.202, in the section heading, remove the word 
``an'' and add, in its place, the word ``on''.


Sec. 180.206  [Amended]

    132. In Sec. 180.206, in paragraph (a), remove the word 
``Sec. 180.204'' and add, in its place, the word ``Sec. 180.205'' and, 
in paragraph (b), remove the words ``craft is'' and add, in their 
place, the words ``craft if''.
    133. In Sec. 180.210, redesignate paragraph (c) as paragraph (d); 
add a new paragraph (c); and revise newly redesignated paragraph (d) to 
read as follows:


Sec. 180.210  Rescue boats.

* * * * *
    (c) In general, a rescue boat must be a small, lightweight boat 
with built-in buoyancy and capable of being readily launched and easily 
maneuvered. In addition, it must be of adequate proportion to permit 
taking an unconscious person on board without capsizing.
    (d) On a vessel of more than 19.8 meters (65 feet) in length 
operating on protected waters, a rescue boat approved under approval 
series 160.056 is acceptable in meeting the intent of this section. On 
a vessel of more than 19.8 meters operating on exposed or partially 
protected waters, a rescue boat complying with approval series 160.056 
is acceptable in meeting the intent of this section. On a vessel of not 
more than 19.8 meters (65 feet) in length, a required rescue boat must 
be acceptable to the cognizant OCMI.

PART 181--FIRE PROTECTION EQUIPMENT

    134. The authority citation for part 181 is revised to read as 
follows:


[[Page 51358]]


    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec. 181.300  [Amended]

    135. In Sec. 181.300(e), remove the word ``, manual''.
    136. Add Sec. 181.310(c) to read as follows:


Sec. 181.310  Fire main and hydrants.

* * * * *
    (c) Each fire hydrant must have a valve installed to allow the fire 
hose to be removed while the fire main is under pressure.


Sec. 181.320  [Amended]

    137. In Sec. 181.320, in paragraph (a), remove the words ``fire 
stations'' and add, in their place, the words ``fire hydrants''; and, 
in paragraph (d)(1), remove ``Sec. 160.027 in subchapter Q of this 
chapter'' and add, in its place ``approval series 162.027''.


Sec. 181.400  [Amended]

    138. In Sec. 181.400(b)(5)(i), remove the word ``Cylinders'' is 
removed and add, in its place, the words ``The cylinder''.


Sec. 181.410  [Amended]

    139. In Sec. 181.410, in paragraph (b)(2), remove the words 
``Except as provided in paragraph (c)(2) of this section'' and add, in 
their place, the words ``Except for a normally unoccupied space of less 
than 170 cubic meters (6000 cubic feet)''; in paragraph (b)(10), remove 
the word ``agency'' and add in its place, the word ``agent''; in 
paragraph (c)(2)(ii), remove the words ``paragraphs (b)(2) and'' and 
add, in their place, the word ``paragraph''; in paragraph (f)(4)(v), 
after the first occurrence of the word ``millimeters'', add the word 
``(inches)'' and, after the word ``kilograms'', add the word 
``(pounds)''; and, in paragraph (f)(5)(i), after the word 
``kilograms'', add the word ``(pounds)''.


Sec. 181.500  [Amended]

    140. In Sec. 181.500, in table 181.500(a), under the column 
entitled ``Minimum No. required'', remove the number ``2.500'' and add, 
in its place, the number ``2,500''; under the column entitled 
``Medium'', remove ``C02'', wherever it appears, and add, in its place, 
``CO2''; and under the column entitled ``Min size'', remove ``2.3 kg (5 
lb)'' and add, in its place, ``4.5 kg (10 lb)''.


Sec. 181.610  [Amended]

    141. In Sec. 181.610, remove the number ``181.610'' and add, in its 
place, the number ``181.300''.

PART 182--MACHINERY INSTALLATION

    142. The authority citation for part 182 continues to read as 
follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; 49 CFR 1.46.


Sec. 182.320  [Amended]

    143. In Sec. 182.320, redesignate paragraph (a) as paragraph (b) 
and paragraph (b) as paragraph (a).


Sec. 182.430  [Amended]

    144. In Sec. 182.430, remove paragraph (d) and redesignate 
paragraphs (e) through (l) as paragraphs (d) through (k), respectively.


Sec. 182.435  [Amended]

    145. In Sec. 182.435, in paragraph (b)(3)(ii), after the word 
``chloride'', add the words ``or equivalent'' and, in paragraph (c), 
remove the word ``that'' and add, in its place, the word ``which''.


Sec. 182.458  [Amended]

    146. In Sec. 182.458(a), after the word ``for'', add the words 
``portable dewatering pumps or''.
    147. Revise Sec. 182.520(b)(2) to read as follows:


Sec. 182.520  Bilge pumps.

* * * * *
    (b) * * *
    (2) Provided with suitable suction hose capable of reaching the 
bilge of each watertight compartment and discharging overboard.
* * * * *


Sec. 182.610  [Amended]

    148. In Sec. 182.610(f)(1), remove ``Secs. 111.93-11(d) and (e) in 
subchapter J'' and add, in its place, ``Sec. 58.25-55(d)''.


Sec. 182.610  [Amended]

    149. In Sec. 182.720, in paragraph (e)(1), remove the words ``rated 
pressure stamped thereon'' and add, in their place, the words ``maximum 
operating pressure of the system'' and, in paragraph (e)(3)(ii), after 
the word ``watertight'', add the words ``decks or''.

PART 183--ELECTRICAL INSTALLATION

    150. The authority citation for part 183 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.

    151. In Sec. 183.340, in paragraph (i), revise the last sentence 
and add paragraphs (i)(1) and (i)(2) to read as follows; in paragraph 
(p), after the word ``Conductors'', add the words ``for direct current 
systems''; and, in paragraph (q)(3), remove the word ``and'' and add, 
in its place, the word ``end''.


Sec. 183.340  Cable and wiring requirements.

* * * * *
    (i) * * * The use of twist-on type wire nuts is permitted under the 
following conditions:
    (1) The connections must be made within an enclosure and the 
insulated cap of the connector must be secured to prevent loosening due 
to vibration; and
    (2) Twist-on type connectors may not be used for making joints in 
cables, facilitating a conductor splice, or extending the length of a 
circuit.
* * * * *
    152. Add Sec. 183.378 to read as follows:


Sec. 183.378  Ungrounded systems.

    Each ungrounded system must be provided with a suitably sensitive 
ground detection system located at the respective switchboard that 
provides continuous indication of circuit status to ground with a 
provision to momentarily remove the indicating device from the 
reference ground.


Sec. 183.432  [Amended]

    153. In Sec. 183.432(b)(4), remove the number ``6'' and add, in its 
place, the number ``2''.

PART 184--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

    154. The authority citation for part 184 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec. 184.220  [Amended]

    155. In Sec. 184.220(a), remove the words ``heavy duty''.


Sec. 184.410  [Amended]

    156. In Sec. 184.410, remove the word ``fixed'' and add, in its 
place, the word ``fixes''.


Sec. 184.420  [Amended]

    157. In Sec. 184.420(a), remove the word ``intend'' and add, in its 
place, the word ``intended''.


Sec. 184.506  [Amended]

    158. In Sec. 184.506, remove the word ``mut'' and add, in its 
place, the word ``must''.
    159. Revise the section heading to Sec. 184.702 to read as follows:


Sec. 184.702  Pollution prevention equipment and procedures.

    160. Revise Sec. 184.710 to read as follows:

[[Page 51359]]

Sec. 184.710  First-aid kits.

    A vessel must carry either a first-aid kit approved under approval 
series 160.041 or a kit with equivalent contents and instructions. For 
equivalent kits, the contents must be stowed in a suitable, watertight 
container that is marked ``First-Aid Kit''. A first-aid kit must be 
easily visible and readily available to the crew.

PART 185--OPERATIONS

    161. 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; 49 CFR 1.46.


Sec. 185.304  [Amended]

    162. In Sec. 185.304(a)(6), remove the words ``each closing radar 
contact'' and add, in their place, the words ``radar contact''.


Sec. 185.335  [Amended]

    163. In Sec. 185.335(a),remove the word ``watertight''.


Sec. 185.356  [Amended]

    164. In Sec. 185.356, remove the number ``179'' and add, in its 
place, the number ``176''.


Sec. 185.410  [Amended]

    165. In Sec. 185.410, remove the words ``or other danger'' and add, 
in their place, the words ``, man overboard, or other dangerous 
situation''.
    166. In Sec. 185.420, redesignate paragraph (b) as paragraph (c) 
and add a new paragraph (b) to read as follows:


Sec. 185.420  Crew training.

* * * * *
    (b) Training conducted on a sister vessel may be considered 
equivalent to the initial and quarterly training requirements contained 
in paragraph (a) of this section.
* * * * *
    167. In Sec. 185.506, revise the introductory text of paragraphs 
(a) and (b); redesignate paragraphs (c) and (d) as paragraphs (d) and 
(e), respectively; and add a new paragraph (c) to read as follows:


Sec. 185.506  Passenger safety orientation.

    (a) Except as allowed by paragraphs (b) and (c) of this section, 
before getting underway on a voyage or as soon as practicable 
thereafter, the master of a vessel shall ensure that suitable public 
announcements are made informing all passengers of the following:
* * * * *
    (b) As an alternative to an announcement that complies with 
paragraph (a) of this section, the master or other designated person 
may--
* * * * *
    (c) Ferries operating on short runs of less than 15 minutes may 
substitute bulkhead placards or signs for the announcement required in 
paragraphs (a) and (b) of this section if the OCMI determines that the 
announcements are not practical due to the vessel's unique operation.
* * * * *


Sec. 185.518  [Amended]

    168. In Sec. 185.518(b), remove the words ``in subchapter Q of this 
chapter, or other standard specified by the Commandant'' and add, in 
their place, the words ``of this chapter''.


Sec. 185.524  [Amended]

    169. In Sec. 185.524(b)(3), remove the words ``of fire 
extinguishers'' and add, in their place, the words ``and location of 
fire alarms, extinguishers,''.
    170. Revise Sec. 185.602 to read as follows:


Sec. 185.602  Hull markings.

    (a) Each vessel must be marked as required by part 67, subpart I, 
of this chapter.
    (b) Paragraphs (c) through (g) of this section apply to each vessel 
that fits into any one of the following categories:
    (1) A vessel of more than 19.8 meters (65 feet) in length.
    (2) A vessel authorized to carry more than 12 passengers on an 
international voyage.
    (3) A vessel with more than 1 deck above the bulkhead deck 
exclusive of a pilot house.
    (c) Each vessel that complies with the stability requirements of 
Secs. 170.170, 170.173, 171.050, 171.055, and 171.057 of this chapter, 
or in accordance with Sec. 178.310 of this chapter, must--
    (1) Have permanent draft marks at each end of the vessel; or
    (2) Have permanent loading marks placed on each side of the vessel 
forward and aft to indicate the maximum allowable trim and amidships to 
indicate the maximum allowable draft.
    (d) A loading mark required by paragraph (c)(2) of this section 
must be a horizontal line of at least 205 millimeters (8 inches) in 
length and 25 millimeters (1 inch) in height, with its upper edge 
passing through the point of maximum draft. The loading mark must be 
painted in a contrasting color to the sideshell paint.
    (e) On a vessel that has a load line, the amidships marks required 
by paragraph (c)(2) of this section must be those required by the 
International Convention on Load Lines, 1966.
    (f) In cases where draft marks are obscured due to operational 
constraints or by protrusions, the vessel must be fitted with a 
reliable draft indicating system from which the bow and stern drafts 
can be determined.
    (g) On a vessel on which the number of passengers permitted on 
upper decks is limited by stability criteria, as indicated by the 
vessel's stability letter, the maximum number of passengers allowed on 
an upper deck must be indicated by a durable marking of at least 25 
millimeters (1 inch) numbers and letters at the entranceway to that 
deck.


Sec. 185.604  [Amended]

    171. In Sec. 185.604(b), remove the words ``vessel marked'' and 
add, in their place, the words ``vessel or company marked''.
    172. In Sec. 185.730, paragraph (b)(2) is revised to read as 
follows:


Sec. 185.730  Servicing of inflatable liferafts, inflatable buoyant 
apparatus, inflatable life jackets, and inflated rescue boats.

* * * * *
    (b) * * *
    (2) At a servicing facility approved by the Commandant to service 
that particular brand.
* * * * *
    Dated: September 19, 1997.
Robert E. Kramek,
Admiral, U.S. Coast Guard Commandant.
[FR Doc. 97-25599 Filed 9-29-97; 8:45 am]
BILLING CODE 4910-14-P