[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52802-52822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25929]



[[Page 52801]]

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Part II





Department of Transportation





_______________________________________________________________________



Coast Guard



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46 CFR Parts 28, 107, 108, etc.



Lifesaving Equipment; Final Rule

  Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 / 
Rules and Regulations  

[[Page 52802]]



DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 28, 107, 108, 109, 133, 168, and 199

[CGD 84-069]
RIN 2115-AB72


Lifesaving Equipment

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard adopts as final, with changes, an interim rule 
published on May 20, 1996 that revises the lifesaving equipment 
regulations for U.S. inspected vessels.

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

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

FOR FURTHER INFORMATION CONTACT: Mr. Robert Markle, Chief, Lifesaving 
and Fire Safety Standards Division (G-MSE-4), U.S. Coast Guard 
Headquarters, by e-mail at RM[email protected], telephone at (202) 
267-1444, or fax at (202) 267-1069.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published an advance notice of proposed rulemaking 
(ANPRM) in the Federal Register on December 31, 1984 (49 FR 50745). A 
notice of proposed rulemaking (NPRM) was published in the Federal 
Register on April 21, 1989 (54 FR 16196), inviting comments on the 
proposed rule. A public hearing was held to receive comments on the 
proposed rules, particularly the provisions affecting passenger 
ferries. The hearing was announced in a Federal Register notice on 
October 5, 1989 (54 FR 41124), and the hearing was held in Seattle, 
Washington, on October 17, 1989.
    On May 20, 1996, the Coast Guard published an interim rule entitled 
``Lifesaving Equipment'' in the Federal Register (61 FR 25272). The 
interim rule requested comments because the NPRM was published more 
than five years before. The Coast Guard received 34 letters commenting 
on the interim rule. A public meeting was requested, and one was held 
on September 25, 1996, in Des Plaines, Illinois, to receive views on 
the requirements for passenger vessels. Notice of the public meeting 
was published in the Federal Register on August 26, 1996 (61 FR 43685). 
Twenty-eight people attended the meeting and nine presented oral 
comments during the meeting. These comments articulated the economic 
impacts of implementation which differed greatly between passenger 
vessels and other commercial vessels. The Coast Guard agreed and on 
February 19, 1997 published a partial suspension and request for 
comments (62 FR 7360) which delayed the need to implement some portions 
of the rule, particularly those affecting passenger vessels until the 
Coast Guard could reassess the costs and benefits to passenger vessels. 
The resulting revisions are addressed in the regulatory assessment that 
accompanies this final rule. Detailed discussion of comments received 
can be found under ``Discussion of Comments and Changes.''

Background and Purpose

    This project is part of the President's Regulatory Review 
Initiative to remove or revise unnecessary government regulations. This 
project removed numerous obsolete sections from the Code of Federal 
Regulations (CFR) and eliminated others by consolidating the lifesaving 
requirements for most U.S. inspected vessels in the new subchapter W in 
46 CFR ch. I. Subchapter W also replaced many prescriptive regulations 
with performance-based alternatives.
    You can find more detailed background information in the preamble 
of the interim rule (61 FR 25272) under SUPPLEMENTARY INFORMATION.

Discussion of Comments and Changes

    The Coast Guard received 34 comments on the interim rule. The 
comments include letters to the docket and remarks at the public 
meeting.

Applicability

    A number of comments indicated that there was confusion about 
Sec. 199.10, which addresses the applicability of Subchapter W.
    In order to clarify this section, each major paragraph within 
Sec. 199.10 has been given a subject heading. In addition, a new table, 
199.10(a), summarizes the applicability of this section to each type of 
inspected vessel.

Existing Vessels

    Changing Lifeboat Equipment. A number of comments indicated 
confusion about which provisions apply to vessels constructed before 
the interim rule came into effect. The comments requested clarification 
on when a vessel must be retrofitted with required equipment.
    In general, vessels constructed before October 1, 1996 may retain 
the ``arrangement'' of then existing lifesaving equipment on the 
vessel, unless the regulations specifically require retrofit. Wording 
to this effect is contained in Secs. 108.515(a)(3), 133.10(b)(3), and 
199.10(h)(1)(iv). Although ``arrangement'' was not defined, the Coast 
Guard intended a broad interpretation. For instance, it was not 
intended that vessel owners should immediately change all of the 
existing lifesaving equipment markings to the IMO symbols required 
under Sec. 199.178(a), although this would remain an option. New or 
additional equipment required by this rule would not have to be added 
unless specifically required in Secs. 108.515, 133.10 or 199.10.
    Nor should owners change equipment in existing lifeboats to the new 
listing in either Table 108.575(b) or Sec. 199.175. The new listings 
are intended for modern totally enclosed or partially enclosed 
lifeboats. Owners who want to convert to the new equipment should refer 
to the Coast Guard's Navigation and Vessel Inspection Circular (NVIC) 
2-92 for guidance. NVICs can be purchased from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161, 
telephone (sales desk) (800) 553-NTIS (6847) or (703) 605-6000, fax 
orders (703) 321-8547, or E-mail [email protected]. NVICs are 
also available on the World Wide Web at < http://www.uscg.mil/hq/g-m/
nvic/index.htm>.
    Retrofit of rescue boats on ferries. One comment from the operator 
of a Great Lakes ferry noted that Table 199.630, together with 
Secs. 199.10(h)(1)(ii) and 199.202, would require a ferry on the Great 
Lakes to retrofit rescue boats.
    Ferries are not required to retrofit rescue boats. Section 
199.10(h)(1)(ii) may require certain passenger vessels to retrofit 
``survival craft'', but rescue boats are specifically excluded from the 
definition of ``survival craft'' in this part.
    Use of pooled equipment. One comment noted that Secs. 199.10(d)(5) 
and (i) might require an owner to upgrade lifesaving equipment on an 
old ship with a limited remaining service life, and not allow the use 
of lifesaving equipment from a pool of older equipment salvaged from 
other ships.
    The Coast Guard does not believe that this will be a problem. 
Sections 199.10(i)(1) and (2) specifically allow

[[Page 52803]]

the use of older lifeboats, davits, and winches in cases in which the 
entire lifeboat installation does not have to be replaced. Normally, a 
damaged lifeboat can be replaced without replacing the davit and winch. 
The Coast Guard believes an owner's use of a pool of equipment is 
reasonable, and that these situations can be resolved on a case-by-case 
basis, as long as there is no conflict with SOLAS.
    Permissively manned Great Lakes barges. One comment suggested that 
permissively manned Great Lakes barges be specifically exempted from 
subchapter W. These vessels were recently required to be inspected, and 
the comment stated that while these vessels would be significantly 
affected by the regulations, the owners had no opportunity to comment 
on the regulations because these barges would not have been affected at 
the time the NPRM was published.
    The Coast Guard has not exempted manned Great Lakes barges from the 
regulations, however, Sec. 199.10(h)(1)(iv) permits vessels constructed 
before October 1, 1996 to retain their present lifesaving arrangements. 
Most new barges are exempt from EPIRB and rescue boat requirements 
under Sec. 199.610(a)(1). In addition Sec. 199.20(d) authorizes the 
District Commander to grant further exemptions, if appropriate.

International Rules Applied to Domestic Services

    SOLAS rules and domestic vessels. A number of comments suggested 
that the Coast Guard was improperly applying international or SOLAS 
rules to domestic vessels.
    The Coast Guard used SOLAS terms and organization to write the 
regulations in Parts B, C, and D of Subchapter W, but did not apply all 
of the international regulations to vessels in domestic services. Parts 
E and F apply to vessels in domestic services and clearly exclude 
domestic vessels from international requirements that do not apply to 
them. The regulations allow vessels that meet international standards 
to be used in domestic services; however, they do not mandate that 
domestic service vessels comply with international standards. The Coast 
Guard could have organized the regulations differently by providing 
completely different sections for international and domestic services. 
Though the numbers and types of lifesaving equipment are different for 
SOLAS and domestic services, many of the basic requirements are the 
same. Consequently, a separate section of regulation for each type of 
domestic service would needlessly increase the size of subchapter W. In 
the past, separate sections covering different services have led to 
inconsistencies that the Coast Guard wishes to avoid.
    International voyage. One comment objected to the definition in 
Sec. 199.30 of international voyage as applied to tank vessels because 
it included voyages between the continental United States and Alaska or 
Hawaii. The comment stated that owners should not be required to get a 
SOLAS Safety Equipment Certificate for these voyages.
    The definition has not been revised. It is consistent with current 
regulations for passenger and cargo ships in Secs. 70.05-10(a)(2)(iii) 
and 90.05-10(a)(2)(iii), respectively, which include voyages between 
the continental United States and Alaska or Hawaii as international 
voyages for the purposes of the regulations. A comparable paragraph 
does not appear in Sec. 30.01-6(a)(2) for tank vessels. The regulation 
in subchapter W does not mean that tank vessels on domestic voyages 
between Alaska and the continental United States now have to obtain 
SOLAS Safety Equipment Certificates. It does mean that they have to 
meet the same lifesaving equipment requirements as vessels on 
international voyages. An examination of Tables 199.610(a), 199.610(c), 
199.620(a), and 199.640(a), shows that the differences between the 
requirements for large tank vessels on international voyages and those 
in domestic ocean service are minimal. However, the effect of 
Sec. 199.10(d)(5) on tank vessels constructed between July 1, 1986 and 
October 1, 1996, that are engaged in voyages between the continental 
United States and Alaska or Hawaii, would be to require them to 
retrofit their lifesaving equipment to meet SOLAS requirements. This 
was unintended, so Sec. 199.10(d)(5) has been revised to exclude tank 
vessels constructed before October 1, 1996 that are engaged in voyages 
between the continental United States and Alaska or Hawaii from all of 
the SOLAS requirements.

Lifesaving Systems for Passenger Vessels in Domestic Services

    Inflatable buoyant apparatus. A number of comments from operators 
of passenger vessels in lakes, bays and sounds, and river services 
objected to the requirements for the carriage of inflatable buoyant 
apparatus on vessels which have never had to carry significant 
quantities of lifesaving equipment. For instance, large ferries, 
accommodating as many as 5,000 persons, only had to carry a lifeboat 
for 36 persons. These vessels had typically substituted two 20-person 
inflatable liferafts and one or two oar-propelled rescue boats for this 
lifeboat. These operators are justifiably proud of their excellent 
safety record over the past 35 years; no fatality due to a casualty has 
been suffered over this period on any inspected U.S. passenger vessel 
over 100 gross tons. One operator objected to being ``penalized'' for 
their perfect safety record by having to buy and maintain needless 
lifesaving equipment. A number of comments questioned the Regulatory 
Assessment because it seemed to say that over 100 people had died in 
the past five years in casualties involving passenger vessels.
    Because of these objections, the Coast Guard issued a partial 
suspension of the Interim Rule on February 19, 1997, as it applied to 
vessels constructed before October 1, 1996. The Regulatory Assessment 
has been revised, as discussed more fully in the sections titled 
``Assessment.'' Although a few revisions have been made to the 
regulations, as discussed below, the Coast Guard has concluded that, in 
general, the regulations in the interim rule were appropriate.
    Increased lifesaving requirements. A number of operators of 
passenger vessels in lakes, bays and sounds service, or in river 
service, objected to the increased lifesaving requirements. There were 
many reasons given for the objections. One comment included an 
extensive discussion of the report ``Improving Maritime Traffic Safety 
on Puget Sound Waterways'' referred to in the NPRM. The comment argued 
that the report contained so many invalid assumptions and incorrect 
statements that it could not be used as the basis for justifying a 
requirement to provide sufficient inflatable buoyant apparatus for 
everyone on board ferries. Furthermore, the comment stated the 
requirement of the Coast Guard Authorization Act of 1984 ``to develop 
improved lifesaving equipment for use on ferries'' had been met with 
the development in recent years of several new lifesaving systems and 
the comment stated that the Act did not specifically mandate that 
greater quantities of lifesaving equipment be carried.
    The Coast Guard believes that Congress intended for the Coast Guard 
to make the changes necessary to improve lifesaving equipment on 
ferries. The regulations in Subchapter W make improvements in the 
lifesaving systems on ferries, but in addition, provide alternatives 
for ferries and other passenger vessels in Great Lakes services, lakes, 
bays, and sounds services, and river services. Alternatives, developed 
through a safety assessment, will allow operators to

[[Page 52804]]

develop different and possibly better ways to plan for the abandonment 
of a vessel in distress.
    The Coast Guard has made some revisions to the requirements in the 
interim rule. The quantity of inflatable buoyant apparatus in cold 
water lakes, bays, and sounds service has been reduced from 100% to 67% 
of the number of persons on board. Inflatable buoyant apparatus are 
rated for their open water carrying capacity. In waters where high 
waves are not expected, such as those typically found in lakes, bays, 
sounds, and rivers, inflatable buoyant apparatus can be loaded to 50% 
above their rated capacity, and during their approval testing, they are 
tested in 0.9 m (3 ft.) high waves to ensure that they can be safely 
used in the ``overloaded'' condition. Therefore, a vessel carrying 
inflatable buoyant apparatus with rated capacities totaling 67% of the 
persons permitted on board can actually accommodate 100% of the number 
of persons on board in water where high waves are not expected. Section 
199.630(g) has been revised to clarify this point.
    Some operators commented that much of the expense of meeting the 
interim rule requirements would come from hiring persons to be on board 
solely for the purpose of being available to launch and operate the 
inflatable buoyant apparatus. The Coast Guard has revised the 
regulations to provide for the possibility of reducing some of the cost 
impact of the additional manning required. The Coast Guard recognizes 
that some launching and embarkation arrangements might not require a 
trained person to be placed in charge of each inflatable buoyant 
apparatus. Furthermore, some vessels, especially ferries, are sized to 
handle peak passenger loads and may carry fewer people at other times. 
On these trips with lighter loads, it would not be necessary to launch 
all of the survival craft in an abandonment. Table 199.630 and 
Sec. 199.630 have been revised by adding a new paragraph (l), stating 
that a deck officer, able seaman, certificated person, or person 
practiced in the handling of liferafts or inflatable buoyant apparatus 
is not required to be placed in charge of each inflatable buoyant 
apparatus, provided that there is a sufficient number of such persons 
on board to launch the inflatable buoyant apparatus and supervise the 
embarkation of the passengers. Paragraph (l) also says the number of 
persons on board for the purpose of launching and operating inflatable 
buoyant apparatus may be reduced during any voyage where the vessel is 
carrying less than the number of passengers permitted on board, and the 
number of such persons is adequate to launch and operate sufficient 
survival craft to accommodate everyone on board.
    46 CFR subchapter K requirements. One comment suggested that the 
Coast Guard revise subchapter W to be more consistent with the 
lifesaving requirements in 46 CFR subchapter K. Subchapter K applies to 
passenger vessels under 100 gross tons, which carry more than 150 
passengers, or have overnight accommodations for more than 49 
passengers.
    The Coast Guard does not agree with this comment. Subchapter K 
vessels are smaller and generally carry fewer persons than those to 
which Subchapter W applies, therefore presenting a lower level of risk 
in the case of an accident that would require the abandonment of the 
vessel. Space and weight can be more of a problem on these smaller 
vessels than on vessels to which Subchapter W applies. For these 
reasons, no changes have been made as a result of this comment.
    Sections 199.10(h)(1)(i), (h)(1)(ii), and (h)(1)(iii). The Coast 
Guard is reinstating these sections which apply certain Subchapter W 
regulations to passenger vessels not subject to SOLAS. Section 
199.10(h)(1)(i) also applies to cargo vessels not subject to SOLAS. The 
effective date of this paragraph was October 1, 1997, before suspension 
of the regulation. This date has been set back to October 1, 1999, 
approximately one year after the effective date of this rule. The 
effective date for Secs. 199.10(h) (1)(ii) and (h)(1)(iii) has been 
changed to October 1, 2003, approximately five years after the 
effective date of this rule.
    Survival craft exemption. One comment stated that there was no 
survival craft exemption provided for a passenger vessel that was 
always close to shore where it could discharge passengers quickly in an 
emergency. Another comment suggested that an additional exemption from 
survival craft requirements be added for vessels which can return to 
shore within 15 minutes.
    The Coast Guard does not agree with the suggestion to provide a 
blanket exemption for vessels which operate close to shore. The shore 
may or may not provide an appropriate place to land persons in safety. 
The safety assessment alternative in Sec. 199.630(f), elsewhere in this 
preamble, was developed to evaluate such situations.
    Launching appliances. One comment stated that under 
Secs. 199.630(d) and (e), the Coast Guard should accept ``other safe 
and effective means'' for boarding survival craft on riverboats, other 
than launching appliances, as in Sec. 199.110(f)(4).
    The Coast Guard believes that the freeboard on most riverboats will 
be less than 3 meters so that, under Sec. 199.630(d)(1), launching 
appliances will probably not be required. If the freeboard is more than 
3 meters, some type of launching appliance or marine evacuation system 
will be needed for passengers. Section 199.09 allows equivalents to be 
considered by the Coast Guard.

Safety Assessment Alternative for Passenger Vessels in Domestic 
Services

    A number of comments raised concerns over the Shipboard Safety 
Management and Contingency Plan alternative in Sec. 199.630(f), for 
passenger vessels in domestic service. The alternative would allow the 
evacuation arrangements for the vessel to be determined in accordance 
with the plan, which would replace the regulatory requirement for a 
minimum number of inflatable buoyant apparatus. The concerns include: 
consistency of decisions by OCMIs; the necessity for any increase in 
the lifesaving equipment requirements for these vessels; the appeals 
process; and the potential reluctance by OCMIs to approve any deviation 
from the minimum required lifesaving equipment requirements.
    The Coast Guard has determined that it is appropriate to increase 
the minimum lifesaving equipment requirements to enhance passenger and 
crew safety. A detailed discussion of the costs and benefits associated 
with this requirement can be found under ``Assessment.'' However, in 
certain circumstances, less than the required minimum lifesaving 
equipment capacity may be appropriate because other equipment or 
resources contribute to an equally safe passenger/crew environment. To 
provide a performance-based alternative, equivalent to the equipment 
requirements, a shipboard safety assessment/safety management plan 
alternative is included in the regulations.
    An approved Shipboard Safety Management and Contingency Plan will 
provide a level of safety equal to that which would be provided by 
equipping the vessel with required primary lifesaving equipment. The 
plan would be validated periodically with exercises and drills to 
ensure that it provides for effective and safe evacuation of the 
vessel. A detailed discussion of the comments follows below.
    Shipboard safety assessment, generally. Several comments raised 
concerns over the shipboard safety assessment alternative in 
Sec. 199.630(f).

[[Page 52805]]

One objected to the safety assessment having to be approved by the OCMI 
because over the years, the decisions of different OCMIs would be 
inconsistent. The comment suggested that objective criteria be provided 
for the safety assessment rather than the subjective criteria listed in 
the paragraph.
    The Coast Guard has developed Navigation and Vessel Inspection 
Circular (NVIC) 1-97, a policy document that describes in general how 
to develop shipboard safety management plans, including contingency 
plans. Contingency plans include planning for the evacuation of the 
vessel in all credible emergency situations. The guidance in the NVIC 
will make OCMI decisions more consistent. However, the Coast Guard 
recognizes that a performance-based regulation, which is designed to 
allow for flexibility, will inevitably involve some inconsistencies and 
differences of opinion. The Coast Guard and vessel operators will need 
to work together to minimize these problems. During the five-year 
phase-in period of this rule, the Coast Guard plans to hold a series of 
workshops involving affected operators and Coast Guard inspection 
offices, so that through cooperation and partnership a consistent 
process for development of shipboard safety management plans can be 
achieved. Additionally, the Coast Guard plans to use its Quality 
Assurance staff of ``travelling inspectors'' (G-MO-1) to participate in 
the development of shipboard safety management plans to ensure 
consistency of implementation throughout the country. Furthermore, the 
Coast Guard is developing criteria for OCMIs to use in approving these 
alternative plans to ensure that they provide a level of safety at 
least equal to that which would be provided by inflatable buoyant 
apparatus.
    The workshops will consider issues such as the types of 
contingencies that need to be planned for, the probabilities of various 
types of emergencies given the characteristics of the waterway, and to 
what degree ship characteristics and alternative equipment can 
substitute for lifesaving equipment. The schedule and details about the 
workshops will be announced in a Federal Register notice. The public 
workshops and agendas will focus on local needs. Please contact Mr. Bob 
Markle via either e-mail or post at the addresses found under ADDRESSES 
for more information on the workshops.
    Shipboard safety management plan. One comment stated that the 
shipboard safety management plan and Navigation and Vessel Inspection 
Circular 1-97 that explains how to develop the plan, served no purpose 
because the plan was an alternative to an unnecessary regulation.
    The Coast Guard has kept the shipboard safety management plan 
alternative because it allows the operator to develop contingency plans 
based on the risks posed by their particular operation, not based on a 
prescriptive regulation.
    NVIC 1-97. One comment questioned the objective of NVIC 1-97, 
wondering why it was necessary to go through a safety assessment just 
to maintain the status quo in lifesaving equipment, and questioning the 
absence of any criteria relating to damage stability and structural 
fire protection.
    The objective of the safety assessment is to define the optimal 
approach to safety for a particular operating condition. The result of 
a safety assessment might be a different lifesaving equipment 
arrangement or a completely different approach to managing abandonment 
of the vessel. The Coast Guard agrees that damage stability criteria 
and structural fire protection might be considered for future addition 
to the safety assessment guidance.
    Support for safety assessment. Three comments expressed support for 
the safety assessment and for NVIC 1-97, noting that the guidance was 
similar to that used for many river gaming vessels; that it clearly 
spelled out the requirements for contingency plans; and that the NVIC 
would help operators standardize their plans among their fleets. The 
comment further suggested developing a NVIC to cover the rest of the 
safety assessment mentioned in Sec. 199.630(f).
    The contingency plan outlined in the enclosure to NVIC 1-97 forms a 
major part of the safety assessment. The Coast Guard will work with the 
industry to expand NVIC 1-97, and if necessary, to provide additional 
guidance for developing the safety assessment.
    Appeal procedure. One comment asked if there would be an appeal 
procedure for OCMI decisions on safety assessments under 
Sec. 199.630(f).
    The appeal procedures described in 46 CFR 1.03 apply in cases where 
an operator does not agree with an OCMI's decision on a safety 
assessment.
    Objections to shipboard safety management plan. One comment raised 
several objections to the shipboard safety management plan alternative, 
speculating that OCMIs would not risk approving such a plan since any 
mishap involving such a vessel would possibly jeopardize their careers. 
The comment also suggested that experience with riverboat gaming 
vessels gave the Coast Guard a false sense of confidence in safety 
management and contingency planning, since that industry could spend 
large amounts of money to develop such analyses in order to avoid 
expensive delays in starting their operations. The comment also noted 
that there were no pass/fail criteria established for the safety 
management plan.
    The Coast Guard disagrees. The shipboard safety management plan is 
an option that the vessel owner can choose to apply or not apply.
    Lifesaving systems for MODUs, generally. Two comments stated that 
the lifeboat requirement of 200% of vessel capacity in Sec. 108.525(a) 
was not consistent with other vessel types. One comment suggested a 
reduction in lifeboats to 75% of vessel capacity and in liferafts to 
50% of vessel capacity to be consistent with passenger ship 
requirements. The comments raised the following points:

--MODUs have evacuation plans and are accompanied by other vessels, 
precautions which passenger vessels do not take, so lifesaving system 
requirements should be adjusted accordingly.
--OSVs require lifefloats for 100% of vessel capacity.
--Cargo vessels require lifeboats for 200% of vessel capacity, but 
liferafts for 200% of vessel capacity are accepted on smaller vessels.
--Passenger vessels require a combination of lifeboats and liferafts 
equaling 125% of vessel capacity.
--OCS platforms require lifefloats for 100% of vessel capacity.

    The Coast Guard has not revised these regulations. Requirements 
vary among vessel types because of vessel characteristics. The ship 
most comparable to a MODU in terms of fire and explosion hazard is a 
tanker, which requires fire-protected lifeboats for 200% of vessel 
capacity. The requirements for MODUs are also consistent with the 
current IMO MODU Code. The IMO MODU Code requirements were supported by 
other countries with offshore drilling activities, and justified by 
their casualty experience.
    Widely separated'' survival craft stations. One comment noted that 
the Coast Guard had not defined the criteria for determining whether or 
not survival craft stations were ``widely separated'' as the term is 
used in Sec. 108.525(a)(1). If survival craft cannot be widely 
separated only 100% capacity in fire-protected lifeboats is required, 
rather than 200%, since spare lifeboat capacity cannot be provided at a 
different location. The comment noted that on

[[Page 52806]]

triangular rigs the normal survival craft positions would not be widely 
separated.
    The Coast Guard agrees with the comment and has added a definition 
of ``widely separated locations'' to Sec. 107.111.
    Lifeboat orientation and location. One comment suggested that the 
second sentence of Sec. 108.550(f)(3) be replaced with a sentence from 
the IMO MODU Code. The second sentence of Sec. 108.550(f)(3) says, 
``The location and orientation of each lifeboat must be such that the 
lifeboat is either headed away from the unit upon launching, or can be 
turned to a heading away from the unit immediately upon launching.'' 
The sentence from the MODU Code says, ``Consideration should be given 
to the location and orientation of the survival craft with reference to 
MODU design such that clearance of the unit is achieved in an efficient 
and safe manner having due regard to the capabilities of the survival 
craft.''
    The Coast Guard does not agree with the comment and has made no 
revision. The IMO MODU Code sentence is not sufficient for meaningful 
implementation. The second sentence of Sec. 108.550(f)(3) captures the 
Coast Guard's interpretation of the intent of the IMO MODU Code 
requirement.
    Use of certain terms. Two comments stated that the term ``escape'' 
in Secs. 108.540(h) (3) and (4) was misleading because it has other 
connotations. One of the comments suggested using the term 
``embarkation'' instead of ``escape.'' Two comments noted the use of 
the term ``approved'' in Sec. 108.540(h)(3) did not appear to mean 
``approved by the Commandant'' as that term is defined in Sec. 107.111. 
A suggested revision was to indicate the approval of the OCMI.
    The suggested revisions improve clarity and have been made.
    Escape time requirement. Three comments indicated that the 10 
minute escape time in Sec. 108.540(h)(3) seemed difficult, because some 
of the items listed, such as controlled escape devices, can only handle 
a few people in that time. Since these devices generally replace 
ladders, which have relatively slow evacuation times, the 10 minute 
escape time could imply that the alternate means of escape should 
actually be better than the device it replaces.
    The Coast Guard agrees with the comments and has revised the 
section to require that the alternate means of escape have at least the 
same capacity as the device which it replaces.
    Ladder-cage requirement. Three comments suggested eliminating the 
requirement in Sec. 108.540(h)(3) for cages around ladders in areas 
subject to wave action, or where the ladder is inside the lattice legs 
of a jackup unit.
    The Coast Guard agrees and has revised the section.

Training and Drills

    Training and drill requirements, generally. Several comments 
pointed out that not all the training and drill requirements in 
Sec. 199.180 were appropriate for vessels in domestic services. For 
instance, one comment pointed out that training in the use of firemen's 
outfits was not necessary for vessels in river service that don't carry 
firemen's outfits, and that the equipment should not be required to be 
carried just for training purposes. Another comment stated that 
hypothermia training was not needed on rivers.
    The Coast Guard agrees in principle. Training in hypothermia would 
be beneficial to those on river service in cold climates. However, the 
same level of training would not necessarily be needed as the training 
required for vessels in ocean service. Training in the use of equipment 
that the vessel is not required to carry is not required. Table 
199.620(a) has been revised to add a line referring to Sec. 199.180. A 
new section, Sec. 199.620(p), has been added to clarify that training 
and drills do not need to cover equipment and subjects not required for 
the vessel's service.
    The Coast Guard has not, as one comment suggested, exempted river 
vessels from a requirement for passenger safety briefings. Passengers 
need to receive appropriate instructions on what to do in an emergency 
regardless of the service the vessel is engaged in.
    Emergency duties on MODUs. Two comments suggested revisions to the 
MODU regulations to reflect the fact that industrial personnel, as well 
as crew members, can be assigned emergency duties.
    The Coast Guard agrees with the comments and has revised 
Secs. 108.901(b), (b)(6), (b)(6)(ix), (b)(6)(x), and (7) and 
109.213(b), (c)(2), (d)(5), and (h)(1)(iv) to include industrial 
personnel in the emergency duties.
    Emergency lighting. One comment suggested revising 
Sec. 109.213(d)(6) to clarify that the emergency lighting to be tested 
during a drill on a MODU is only that lighting which is powered from a 
battery source so that an emergency generator does not need to be 
started.
    The Coast Guard has not revised the paragraph. The requirement is 
only to test the lighting. It is not intended or implied that the 
emergency generator must be started for this purpose. The lighting may 
be tested using the main power source.
    Immersion suits. Two comments suggested revising Sec. 109.213(d)(7) 
to require wearing an immersion suit during drills once every three 
months rather than once a month to prevent undue wear.
    The Coast Guard agrees with the comment and has revised this 
section as well as a similar provision in Sec. 199.180(d)(11).
    Emergency fuel and ventilation shutdowns. Seven comments stated 
that operation of emergency fuel and ventilation shutdowns during fire 
drills required in Sec. 109.213(f)(2)(vii) is unsafe and would require 
shutdown of the well. Two of the comments suggested that this be done 
only once every six months.
    The Coast Guard agrees with the comments and has revised the 
section. This is a drill and training requirement and only simulation 
of the operation of these controls is necessary. The Coast Guard does 
not intend for the well to be shut down for this purpose.
    Familiarization and basic training. Two comments on Sec. 109.213(g) 
stated that familiarization and basic training are elements of STCW 
(International Convention for Training, Certification and Watchkeeping 
of Seafarers of 1978, as amended) and should not be covered in this 
rulemaking.
    This section does not require familiarization or basic training. It 
requires on board training in the particular systems used on the MODU. 
It is an extension of the drill requirement and does not overlap the 
basic training covered by the STCW Convention.
    Liferaft inflation. Three comments indicated that inflating of 
liferafts every 4 months for training purposes under 
Sec. 109.213(g)(5), posed objectionable costs and logistics. The 
comments stated that these small cost items along with the costs of 
other (unspecified) changes add up; questioned whether this had been 
evaluated in light of STCW training requirements; stated that it was 
not accounted for in Regulatory Assessment; and asserted that the 
necessary objectives could be achieved by lowering a dummy weight.
    This regulation has been evaluated in light of the 1995 Amendments 
to the STCW Convention and the implementing regulations (published on 
June 26, 1997 at 62 FR 34506). As a result the final rule was drafted 
so that the two regulations are consistent. A training raft can be a 
``condemned'' raft inflated by compressed air, in which case costs of 
compliance should be minimal. A dummy weight does not

[[Page 52807]]

accomplish the objective of the training. The final rule continues to 
require the use of an inflated raft ``whenever practicable.''

Rescue Boats

    Weight of the rescue boat. One comment noted that Sec. 199.630(i) 
does not mention that 46 CFR 160.056 limits the weight of the rescue 
boat to 100 kg (225 lb), and wondered if that included the outboard 
motor. The comment also questioned whether or not the boat would have a 
maximum horsepower plate.
    The 100 kg (225 lb) limit does not include the motor. Unless the 
boat is intended by its manufacturer to be solely for commercial use, 
it will have a maximum horsepower plate under 33 CFR 183.25. No 
revision has been made to the regulations as a result of this comment.
    Powered winches. One comment suggested that river boats be exempt 
from the requirement for powered winches to lower their rescue boats 
since they presently use hand winches or gravity.
    The Coast Guard agrees with the comment. Section 199.640(h)(2) has 
been revised to specifically permit rescue boats that are launched 
without personnel on board the rescue boat to have manually-powered 
winches.
    Repairs to rescue boats. Two comments suggested revising 
Sec. 109.301(g)(4) to indicate that repairs to the inflatable chambers 
of rescue boats, rather than all repairs, had to be made at an approved 
servicing facility.
    The Coast Guard agrees that the comment reflected the intent of the 
paragraph and has revised it accordingly. The Coast Guard has also 
revised a similar provision in Sec. 199.190(g)(4).

Launching Appliances for Survival Craft and Rescue Boats

    Safety factors. One comment noted the requirements for safety 
factors for falls and structural attachments of launching equipment in 
Secs. 199.150(e) and 199.153(c) were based on the ultimate tensile 
strength of the material. The comment pointed out that such safety 
factors were appropriate for mild steel components, but might not be 
appropriate, or might even be inadequate, for structural attachments 
made of materials other than mild steel or which are subjected to 
complex combinations of stresses. The comment suggested permitting the 
use of more sophisticated failure criteria as an alternative. In 
addition, the comment suggested requiring or recommending that sea 
forces be considered in the design of the attachments of the launching 
equipment rather than simply using safety factors based on static 
loads.
    The Coast Guard agrees in principle with the comment, but no change 
has been made at this time. Launching systems for survival craft are 
constructed almost exclusively of mild steel, as are the decks to which 
they are secured. Other materials, such as aluminum or composites, are 
not generally used on vessels to which subchapter W applies. Should 
such a special construction be proposed, however, the Coast Guard 
believes it has allowed an adequate means to evaluate alternatives 
under Sec. 199.09. The static safety factors are based on SOLAS 
requirements and, while the Coast Guard agrees that it would be better 
to consider the dynamic forces, there have been no guidelines developed 
nor recommendations made on how to do this. Even if it is less than 
optimal, the static force safety factor standard as proposed in the 
regulations has proven to be successful over the years.
    Winch drum. One comment requested a clarification of the 
requirement in Sec. 199.153(f) that each winch drum should be arranged 
so the fall winds onto the drum in a level wrap. The comment noted that 
this was not a SOLAS requirement, and wanted to know if the requirement 
was intended to prohibit winch drums designed for more than one layer 
of wire rope.
    The requirement is not intended to prohibit winch drums 
accommodating more than one layer of wire rope. It is intended to 
prevent designs that allow the wire rope to wind unevenly or tangle. 
Such designs will not meet the SOLAS requirement for falls to wind onto 
the drums at an even rate. Section 199.153(f) has been revised to 
indicate that one or more level wraps of wire rope are permitted.

Manning of Survival Craft

    Able seamen and certified persons. Three comments stated that wages 
for able seamen and certified persons are expensive and not presently 
required on river vessels. They requested an alternative to the 
requirement in Sec. 199.100(b).
    The Coast Guard agrees with the comment and has added an 
alternative to Table 199.620, and added a new Sec. 199.620(o) to allow 
deckhands to operate and launch survival craft on river vessels.
    Great Lakes manning. One comment suggested that persons practiced 
in the handling of liferafts or inflatable buoyant apparatus be 
specifically permitted to be placed in charge of such survival craft on 
ferries operating on the Great Lakes. Currently the OCMI has discretion 
to approve uncertificated persons as provided in Sec. 199.100(c)(1). 
The comment explained that it was difficult to find such qualified 
persons for seasonal employment on Great Lakes ferry operations.
    The Coast Guard has not adopted the suggestion to remove the OCMI's 
discretion on permitting persons other than certificated persons to be 
placed in command of liferafts or inflatable buoyant apparatus. Since 
there are no standards for the proficiency of such persons, the OCMI 
must be satisfied with the overall safety of the operation before 
allowing uncertificated persons to be placed in charge of liferafts or 
buoyant apparatus.
    Lifeboat second-in-command. One comment suggested that the person 
designated second-in-command of a lifeboat under Sec. 199.100(d), on a 
ferry operating on the Great Lakes, not be required to be a deck 
officer, able seaman, or certificated person (lifeboatman). Instead, 
the second-in-command could be a person practiced in the handling of 
lifeboats. The comment explained that it was difficult to find such 
qualified persons for seasonal employment on Great Lakes ferry 
operations. The person making the comment was concerned that the 
operator of a seasonal ferry service might be tempted to substitute 
less effective lifesaving equipment for the lifeboats in order to limit 
the number of certificated persons required on the vessel.
    The Coast Guard agrees with the comment and has added the 
alternative to Table 199.630, and added a new Sec. 199.630(n) applying 
to vessels in Great Lakes, and lakes, bays and sounds services.

Visual Distress Signals on Vessels in Domestic Services

    Exemptions. One comment stated that exempting vessels on a run less 
than 30 minutes away from the dock from the requirement in 
Sec. 199.610(a)(2) to carry distress signals did not make sense and was 
not consistent with requirements for recreational boats.
    The Coast Guard does not agree. Recreational boats do not operate 
on scheduled runs, but they are required to carry visual distress 
signals in coastal waters. Vessels on short scheduled runs are soon 
missed if they do not arrive on time so that, even if radio contact 
fails to notify those on shore of a problem, late arrival will.

[[Page 52808]]

Lifejackets and Immersion Suits

    Lifejacket markings. One comment stated that lifejackets stowed in 
MODU staterooms do not need to have markings designating the stowage 
position.
    The Coast Guard agrees with the comment and has revised 
Sec. 108.649(b) to exclude marking of stowage positions for lifejackets 
stowed in MODU staterooms.
    Immersion suit markings. Two comments recommended deleting the 
requirement to mark immersion suits ``in block capital letters'' so 
that stenciling is not implied since other methods are used to mark 
immersion suits. Another comment suggested the use of the company name 
along with an identifying number, which has been accepted by the Coast 
Guard previously as satisfactory.
    The Coast Guard agrees with the comments and has revised 
Secs. 108.649(c), 133.70(c)(3), and 199.70(c)(3) to require that 
immersion suits be marked in such a way that the person, vessel or MODU 
they belong to can be identified.
    Child-size lifejackets. One comment stated that the exemption for 
carriage of child-size lifejackets in Table 199.610(a) at the line for 
Sec. 199.70(b)(1)(i), should additionally indicate that the exemption 
applies to vessels only carrying adults, since some gaming vessels are 
limited to carriage of persons over 21.
    The Coast Guard does not agree that the recommended revision is 
necessary. Some vessels, such as gaming vessels, are certificated to 
carry only adults. If they carry lifejackets indicated as being the 
``adult'' size, then they do not carry persons smaller than the lower 
size limit of the lifejacket.
    Separate stowage requirements for lifejackets. One comment 
suggested deleting the requirement in Sec. 199.70(b)(2)(ii) that child-
size lifejackets be stowed separately from adult sizes.
    The requirement has been deleted as suggested. The Coast Guard 
considers separate stowage of child-size lifejackets to be good 
practice; however, child-size lifejackets are clearly marked as such, 
so the possibility of confusing them for adult sizes is minimal.
    Marking of stowage containers. One comment stated that the 
requirement in Sec. 108.649(g) to mark lifejacket, immersion suit, and 
anti-exposure suit stowage containers on MODUs with the quantity and 
size of the devices inside was unnecessary since the number may change 
and include extras.
    The Coast Guard partially agrees with the comment and has revised 
the section. The number of items in the container should be the minimum 
required to comply with the regulatory requirement. There should be no 
problem if extras are stowed there. As far as sizes are concerned, 
children are not carried on MODUs so there is no need to list the sizes 
of devices in the container if they are all adult/universal sizes. 
However, this equipment is now available in several adult sizes as well 
as in the universal size. Therefore, the section has been revised to 
require marking of sizes on the container only if sizes other than 
adult/universal are stowed inside.

Lifejacket Lights and Retroreflective Material

    Exemption for ferries. One comment suggested that there should not 
be exemptions for the carriage of lights for lifejackets on ferries in 
any service under Table 199.610(a). The comment reasoned that a 
casualty at night would result in large numbers of persons in the water 
that could not be seen.
    A requirement for lifejacket lights on all passenger vessels was 
considered at the time lifejacket lights were originally required for 
some vessels in 1979. Operators of passenger vessels carrying large 
numbers of persons were concerned about the cost and maintenance burden 
of a large number of lifejacket lights. Although lifejacket lights 
could be an advantage in a nighttime accident, the Coast Guard believes 
that maintenance and pilferage would be extremely difficult problems 
for ferries and other vessels with small crews carrying hundreds or 
thousands of lifejackets. Furthermore, if these vessels carry 
inflatable buoyant apparatus or other survival craft, those craft will 
be equipped with lights. The lifejackets themselves are also equipped 
with retroreflective material making them conspicuous at night to 
searchers with searchlights. The Coast Guard has not revised this 
regulation.
    Chemiluminescent lights in cold water. One manufacturer of 
chemiluminescent lights suggested that not all chemiluminescent lights 
be prohibited from use on waters where water temperature may drop below 
10 deg.C (50 deg.F) since it is possible to develop chemiluminescent 
chemistry that would function in colder temperatures.
    The Coast Guard agrees and has revised the regulations in 
Sec. 108.580(b)(3)(i), 108.580(c)(2)(i), 133.70(b)(4), 133.70(c)(4), 
and 199.620(e) to prohibit the use of chemiluminescent lifejacket 
lights bearing the approval number 161.012/2/1 on waters where water 
temperature may drop below 10 deg.C. This is currently the only 
approved light that exhibits the low temperature performance problem. 
The Coast Guard will ensure that future approved chemiluminescent 
lights that work at temperatures down to the freezing temperature of 
seawater will be given a different approval number.
    Chemiluminescent lights on MODUs. Two comments recommended limiting 
chemiluminescent lights to use on MODUs between 32 deg. latitude N and 
S and not basing the prohibition on water temperature.
    The Coast Guard agrees with the comment and has revised 
Sec. 108.580(b)(3)(i) accordingly. Since MODUs generally work year 
round in a single location, this suggestion is acceptable and is 
consistent with immersion suit latitude requirements.
    Lights for immersion suits. One comment noted that, under Table 
199.610(a), ferries in coastwise and Great Lakes services would be 
exempt from carrying lifejacket lights for lifejackets, but would not 
be exempt from carrying lifejacket lights for the few immersion suits 
they are required to carry. The comment suggested that the requirements 
should be consistent.
    The Coast Guard agrees with the comment and has revised the table 
to include a line for Sec. 199.70(c)(4)(i) that is identical to the 
line for Sec. 199.70(b)(4)(i) that exempts these vessels from the 
requirement.
    Retroreflective material. One comment stated that river vessels 
should be exempt from the requirement to mark lifesaving equipment with 
retroreflective material.
    The Coast Guard disagrees. Retroreflective marking on lifesaving 
equipment is an extremely simple, reliable, and effective way of 
locating objects quickly at night. Unlike lifejacket lights, 
retroreflective material poses minimal maintenance and pilferage 
problems. No change to the regulation has been made.

Lifebuoys

    Lights and smoke signals. One comment stated that it was impossible 
to install ring lifebuoys with lights and smoke signals so that they 
fall into the water without striking the vessel as required under 
Sec. 199.70(a)(1)(v). The comment therefore requested that passenger 
vessels on short international voyages and in coastwise service be 
exempt from the requirement.
    The Coast Guard agrees that it may be difficult to absolutely 
prevent the ring lifebuoy with a light and smoke signal attached from 
striking the vessel as it falls. However, there are devices available 
that allow the ring lifebuoy to roll outboard and fall away from the

[[Page 52809]]

hull. This minimizes the chance that the lifebuoy and its attachments 
will contact the hull as they fall.
    Stowage requirements. One comment stated that stowage locations for 
lifebuoys out in the open are obvious and that there was no need to 
mark them as required in Sec. 199.70(a)(1)(iii). Marking would only be 
needed if they were stowed in cabinets.
    The Coast Guard does not agree with the comment. This had been a 
requirement for passenger vessels under subchapter H (Sec. 75.43-
15(a)). Not all stowage arrangements for lifebuoys are obvious. The 
primary purpose of marking is to immediately alert personnel if one is 
missing.

Other Changes

    Lifesaving inspections. One comment suggested removal of the 
requirement to conduct lifesaving inspections and tests whenever any 
new item is installed. The comment stated that the requirements in 
Secs. 107.231(g)(v) and 199.45(c) are misplaced and excessive.
    The Coast Guard does not agree. Newly installed equipment needs to 
be inspected or tested when it is installed to ensure that it is 
operating properly. This has been a regulatory requirement for many 
years, and is also in IMO's Recommendation on Testing of Lifesaving 
Appliances (IMO resolution A.689(17)).
    Design weight of lifeboats. One comment suggested revising 
Sec. 107.305(cc) to indicate that only the design weight of each 
lifeboat needs to be indicated on the initial submission of plans for 
MODUs.
    The Coast Guard agrees. At the plan submission stage, only the 
design weights, not exact weights, will be known. The section has been 
revised accordingly.
    Equipment exemptions for MODUs. One comment stated that the 
equipment exemptions for MODUs not in international service, which had 
been in previous 46 CFR 108.503(e), had not been carried through to the 
new regulations.
    The Coast Guard compared the table with the previous list of 
exemptions and found that one correction was needed in order to make 
the table consistent with the previous regulations. Previous 
regulations did not require oars in lifeboats and rescue boats. The 
requirement for oars in lifeboats and rescue boats on MODUs in other 
than international service has been removed from Table 108.575(b).
    Survival craft numbering. One comment objected to the survival 
craft numbering for MODUs, stating that it was different from the 
systems now used on many MODUs. This would lead to unnecessary 
renumbering of survival craft and modification of muster lists, 
training materials, and markings.
    The Coast Guard agrees with the comment and has revised 
Sec. 108.646(c) so that a particular numbering system does not need to 
be followed. The IMO MODU Code does not prescribe a numbering system.
    Length and beam markings. Two comments suggested deletion of the 
requirement to mark the length and beam of the lifeboat on the bow of 
the boat.
    The Coast Guard agrees with the comment and has revised 
Secs. 108.645(a)(2) and 199.176(a)(2).
    Stowage location markings. One comment stated that the requirement 
in Sec. 108.645(a) to mark lifesaving equipment stowage locations with 
the symbols in IMO Res. A.760 was unnecessarily prescriptive and should 
not be mandatory.
    The Coast Guard does not agree with the comment. Since crew and 
industrial personnel will often move from one MODU to another, it is 
important to have a standardized system of markings for emergency 
equipment and procedures. The IMO Res. A.760 markings have been 
available for about 10 years and are now a world standard. They are 
available from several sources and are already printed in 
photoluminescent ink on self-adhesive backings, making them very easy 
and economical to use.
    Muster list requirements. Two comments recommended a division of 
the muster list requirement in Sec. 108.901 into two sections, one 
addressing muster lists and the other addressing station bills. The 
comments defined a muster list as a list of the persons on board and 
their station, and defined the station bill as the listing of emergency 
duties of all on board. One of the comments said that it will take time 
and money to change the name of the station bill to ``muster list'' on 
all units. The comment also stated that the section was far more 
detailed than necessary, but did not specify which sections should be 
deleted.
    The comments may be technically correct, but the Coast Guard has 
not made a distinction between ``muster lists'' and ``station bills'' 
in the past, nor is it made internationally. The Coast Guard 
regulations previously addressed both of these purposes under ``station 
bill'' and is changing its terminology to the more internationally 
accepted ``muster list.'' Accordingly, no revision has been made. Units 
may continue to use the term ``station bill'' for the muster list if 
they wish. The section does not specify what the title of the muster 
list should be. However, the Coast Guard recommends the eventual 
changeover to ``muster list'' for consistency with these regulations 
and with international terminology.
    Reports to the OCMI. Three comments suggested that the OCMI be 
notified only in the case of extensive repairs to fire detecting and 
extinguishing equipment. For example, replacement of defective sensors 
or circuit cards are ``normal'' repairs that should not have to be 
reported.
    The Coast Guard agrees that there is no reason to report minor 
repairs to this equipment and has made the suggested revision to 
Sec. 109.425.
    Delay in annual servicing. Sections 109.301(g)(1)(ii) and (h)(1) 
allow a 5-month delay in the annual servicing of inflatable lifesaving 
appliances and hydrostatic release units until the unit's next 
scheduled inspection. Two comments suggested revising these paragraphs 
to allow the delay until the unit's next scheduled lifesaving equipment 
inspection under Sec. 109.301(f).
    The Coast Guard does not agree with the comments. SOLAS allows a 
delay in servicing of up to five months to coincide with a vessel's 
inspection for certification when other items of equipment are often 
replaced or repaired. The new IMO Life-Saving Appliances (LSA) Code 
becomes effective on July 1, 1998, and allows extensions only when 
servicing within the 12-month interval is ``impracticable.'' Since the 
lifesaving equipment used on MODUs is built to SOLAS standards, it is 
appropriate that the SOLAS servicing requirements apply to this 
equipment.

Editorial Revisions

    This final rule contains a number of editorial revisions. Many of 
these revisions insert missing words, delete extra words, or correct 
other small errors. These corrections are not discussed in detail here. 
Other editorial revisions include:
    (1) Section 28.130(d) of Title 46 requires additional lifesaving 
equipment carried aboard uninspected commercial fishing vessels to meet 
the installation, arrangement, equipment, and maintenance requirements 
contained in 46 CFR part 94. Since the interim rule removed part 94, 
this reference has been changed to 46 CFR part 199.
    (2) Section 107.231(w) was removed by the interim rule; however, 
this paragraph was inadvertently published in the October 1, 1996, 
revision of the Code of Federal Regulations. Section

[[Page 52810]]

107.231(w) is removed under this final rule.
    (3) Section 108.500(b) requires surface type units to meet the 
lifesaving system requirements of subchapter W. The intent of this 
paragraph, as made clear in the preamble of the interim rule, was to 
require drillships to meet the requirements of subchapter W and not the 
requirements for other types of surface units. Therefore, a definition 
of ``drillship'' has been added to Sec. 107.111, and the term ``surface 
unit'' as it appeared in the interim rule has been changed to 
``drillship'' in Sec. 108.500.
    (4) Two comments indicated that the reference to ``devices for 
protection in launching areas'' in Sec. 109.213(a)(2)(vi) on training 
material was not clear. The devices referred to are water spray systems 
used to protect aluminum lifeboats or launching appliances. The Coast 
Guard agrees with the comments and has revised the section to read as 
follows: ``The method and use of water spray systems in launching 
areas, where required for the protection of aluminum survival craft or 
launching appliances.'' A similar revision has been made to 
Sec. 199.180(a)(2)(vi).
    (5) Three comments indicated that the meaning of ``detection'' 
equipment was not clear in Sec. 109.213(a)(2)(ix). Detection means the 
determination of the location of survivors or survival craft and is 
defined as such in Sec. 199.30, but no similar definition was inserted 
in the subchapter I-A definitions in Sec. 107.111. Instead of adding 
the definition of detection to Sec. 107.111, the Coast Guard has 
revised Sec. 109.213(a)(2)(ix) to include the definition in the text so 
that the text will be clearer. A similar revision has been made to 
Sec. 199.180(a)(2)(ix). A related revision to clarify the meaning of 
``detection equipment'' has been made to Sec. 109.213(g)(7)(v)(G).
    (6) Section 133.160(a) has been revised to identify the approval 
series for rescue boat launching equipment which were inadvertently 
omitted from the interim rule. These are the same approval series 
identified for rescue boats in 46 CFR part 199.
    (7) One Coast Guard office noted that Table 199.610(a) taken in 
conjunction with Sec. 199.610(a) could be confusing. For instance, is a 
vessel in lakes, bays and sounds service on a run of more than 30 
minutes duration required to have distress signals or not? Section 
199.610(a)(2) implies that it is. Table 199.610(a) says it is exempt 
from the requirement, which is what was intended. To eliminate such 
confusion, Secs. 199.610(a)(1) through (a)(4) have been removed, and 
the provisions of those sections have been added to Table 199.610(a).
    (8) Section 199.630(c) has been revised to make it clear that SOLAS 
B liferafts may be used in ocean service within 50 miles of shore and 
in other domestic services. These liferafts are permitted to be used on 
passenger vessels engaged in short international voyage service under 
Sec. 199.201(a)(2)(ii), and are satisfactory for these domestic 
services as well.
    (9) Section 199.630(f) has been revised to state that as an 
alternative to the survival craft requirements, certain vessels may 
have a safety assessment. In the interim rule, the word must was used, 
possibly implying that this was not an alternative as intended. All of 
the other sections under Sec. 199.630 use the word may so this change 
makes Sec. 199.630(f) consistent.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Secs. 108.101, 125.180, and 199.05 for incorporation by reference under 
5 U.S.C. 552 and 1 CFR part 51. Copies of the material are available 
from the sources listed in these sections.

Assessment

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866. However, due to its nature, it has been 
reviewed by the Office of Management and Budget under that order. It 
requires an assessment of potential costs and benefits under section 
6(a)(3) of that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    A final assessment is available in the docket for inspection or 
copying where indicated under ``ADDRESSES.'' The Assessment is 
summarized as follows.
    This rule applies to all U.S. inspected passenger vessels 100 tons 
gross tonnage and over, cargo vessels, tankships, manned cargo and tank 
barges, oceanographic research vessels, nautical school vessels (with 
the exception of sailing school ships), OSVs, and MODUs. Coast Guard 
records list 1,030 vessels that do not have SOLAS, MODU, or Special 
Purpose Vessel Code certificates (179 passenger vessels, 120 cargo 
vessels, 48 tankships, 12 manned barges, 4 oceanographic research 
vessels, 8 nautical school vessels, 567 OSVs, and 92 MODUs) that are 
currently operating under the U.S. flag, and will be affected by this 
rule. Because the regulations in this Final Rule are based on SOLAS, 
the IMO MODU Code, and the IMO Special Purpose Vessel Code, vessels 
with certificates indicating compliance with these standards will not 
be substantially affected by this rule. Therefore vessels with SOLAS, 
MODU, or Special Purpose Vessel Code certificates are not included in 
the Regulatory Assessment.

Industry Costs

    Industry cost for this rule is estimated based on the 
implementation cost to vessels constructed before the effective date of 
the rule, the implementation cost to new vessels, and the recurring 
cost to all vessels for replacement of appliances as they become 
unserviceable.
    Compliance cost of this rule will total about $56.9 million. The 
present value of the costs totals $43.7 million. This reflects a 7 
percent discount to 1998 of the projected future estimated costs of 
this Interim Rule in accordance with current Office of Management and 
Budget guidance. Passenger vessels account for an estimated 80 percent 
of total compliance costs, and 86 percent of total recurring costs. 
OSVs and MODUs together account for 12 percent; cargo vessels, 
tankships and manned barges together account for 5 percent; and 
oceanographic research and nautical school vessels account for the 
remainder of the costs.

Comments on the Regulatory Assessment for the Interim Rule

    Two comments to the IR stated that the statistical estimates and 
estimated costs did not justify a ``doubling'' of the lifeboat capacity 
on MODUs. MODUs have the lowest projected benefit by factor of 3. The 
Coast Guard's past experience in handling MODU casualties has 
demonstrated a tendency for lifeboats to be lost or made unavailable 
during a casualty. This was confirmed by the inclusion of a requirement 
for redundant lifesaving capacity in the 1989 edition of the IMO code 
for the construction of MODUs. The Coast Guard has determined that the 
IMO MODU Code requirements are appropriate, and has adopted them for 
this rule.
    One comment disagreed with the cost estimates in the RA. Another 
disagreed with the assumption that the number of passenger vessels was 
decreasing, and with the assumption that the average number of 
passengers carried was 500, feeling that the number should be larger. 
The comment did not suggest a particular average number for passenger 
vessels nor did it suggest another method to determine the average 
number. The Coast Guard has revised the RA, and has considered the 
alternative cost estimates and passenger capacity issues. The RA does 
not make

[[Page 52811]]

the assumption that the number of passenger vessels is decreasing, as 
the comment asserts. Rather it assumes that the annual estimate of new 
vessels is directly proportional to the number of vessels that will 
retire annually, therefore resulting in a constant vessel population. 
The final RA uses the actual number of persons that passenger vessels 
are certificated to carry, therefore making the determination of an 
average passenger capacity unnecessary.
    Two comments suggested withdrawal of Subchapter W on the basis that 
the RA did not demonstrate that there was a need for the regulation, in 
that no lives had been lost in the entire passenger vessel industry 
over the past five years. The comments also alleged that procedural 
errors had been made in the development of the rules and that it was 
not cost-beneficial.
    Two comments challenged the IR Regulatory Assessment as flawed, 
with respect to passenger vessels in domestic services and concluded 
that the analysis stated that 124 lives had been lost over the past 
five years on 161 domestic passenger vessels, when in fact, no lives 
had been lost. One of the comments included an extensive analysis of 
the Coast Guard's casualty data to support the point. The other comment 
objected to having to prepare a safety assessment in order to maintain 
the status quo on lifesaving equipment, when the vessel has always 
operated safely. The Regulatory Assessment for the IR did not say that 
124 lives had been lost over the past 5 years, but that 124 lives were 
at risk during that period. However, in response to these concerns the 
Regulatory Assessment has been revised for passenger vessels, using a 
different methodology which is discussed below.
    The Coast Guard agrees that the industry has operated safely over 
the years. However, in dealing with large numbers of people using a 
statistically small number of vessels, the past safety record cannot 
accurately predict a future absence of serious accidents. To address 
low probability/high consequence events, a valid risk analysis is 
needed, and that is the intent of the safety assessment alternative. 
The Coast Guard views the development of a safety assessment as an 
important cooperative effort between the operators, the Coast Guard, 
and potential responders to make sure that the industry continues to 
operate safely.
    One comment stated that a particular ferry system had operated in 
1996 without a mishap, and that this safety record should be strong 
enough to justify no increase in safety equipment. Other comments, 
citing a particular operation, stated that there had never been a 
serious accident and implied that lifesaving equipment will therefore 
not be needed. The Coast Guard has not categorically analyzed 1996 data 
for particular ferry systems mishaps, but incidents of groundings, 
collisions, loss of power, near-misses and other problems have been 
recorded during this period. Although the Coast Guard agrees that these 
operations are very safe, they are not risk-free. The challenge is to 
determine the level of risk and to require appropriate mitigating 
steps. The Coast Guard notes that many domestic passenger vessel 
operations have excellent safety records, but that does not obviate the 
need to be prepared for serious casualties. A safety assessment may 
indeed reveal that one or more alternative lifesaving arrangements 
provide an equivalent safety level. The rule allows these alternatives 
to be evaluated on an ad hoc basis. The Coast Guard believes the safety 
assessment provides industry with the flexibility to justify different 
types of lifesaving arrangements.
    One comment objected to the requirement in the interim rule for 
inflatable buoyant apparatus (IBA) to be carried on a particular gaming 
vessel operation, and listed reasons why IBAs were unnecessary and 
detailed the high cost of compliance. The Coast Guard believes that 
survival craft may not be necessary in this particular operation, as it 
was described in the comment letter. The option in Sec. 199.630(f) 
allows for the development of a safety assessment, which will be the 
appropriate way to justify alternative lifesaving arrangements.
    One comment noted that a safety assessment could cost as much as 
$10,000 or $20,000, and that this shall be reflected in the RA. The 
Coast Guard agrees with the estimate, and has based the RA on a similar 
estimate for passenger vessels in lakes, bays and sounds, and in rivers 
service.
    Some operators commented that much of the expense of meeting the IR 
requirements will come from hiring persons to be on board solely for 
the purpose of being available to launch and operate the IBA. The Coast 
Guard has revised the regulations to provide for the possibility of 
reducing some of the cost impact of the additional manning required, 
recognizing that some launching and embarkation arrangements might not 
require a trained person to be placed in charge of each IBA. These 
cost-reducing arrangements are not accounted for in the RA to ensure 
that costs are not underestimated.
    One comment suggested that revised rules for domestic passenger 
vessels not be published without first publishing a supplemental notice 
of proposed rulemaking supported by a new RA. The Coast Guard has 
revised the RA based on comments to the IR. However, the Coast Guard 
does not agree that a supplemental notice of proposed rulemaking will 
add any new or useful information. This project began in 1984. There 
have been opportunities to comment on an advance notice of proposed 
rulemaking, a notice of proposed rulemaking, an interim rule, and 
during two public hearings.

Summary of Changes to the Regulatory Analysis That Supports the FR

Passenger Vessels

    The changes to costs and benefits in the regulatory analysis 
include costs borne by passenger vessels operating on lakes, bays and 
sounds, and river routes. The changes reflect modifications made based 
on public comments identified above. The following matrix shows 
differences between the costs and benefits identified in both the IR 
and FR.

------------------------------------------------------------------------
              Interim rule                          Final rule
------------------------------------------------------------------------
 Granted certain passenger        Requires all passenger
 vessels survival craft carriage          vessels operating on lakes,
 exceptions and required carriage of      bays and sounds, and river
 Inflatable Buoyant Apparatuses (IBAs)    routes to carry IBAs to
 to accommodate 100 percent of            accommodate 67 percent of the
 passengers carried aboard.               number of persons on board or
                                          develop a safety management
                                          plan for approval by the OCMI.
 Estimated safety plan            Estimates safety plan
 development costs at $900,000.           development costs at $8.2M.
 Did not estimate additional      Estimates manning
 manning costs associated with            costs associated with
 retrofitting IBAs.                       retrofitting IBAs at $25.4M
                                          through 2003.

[[Page 52812]]

 Employed Coast Guard's Search    Employs MSIS vessel
 and Rescue Mission Information System    records of close calls
 rescue cases to assess the number of     (groundings, allisions,
 lives that were put at risk in           collisions, fire/explosion)
 capsizings, fires and explosions,        and uses anticipated passenger
 flooding and sinking and collisions      vessel traffic growth as a
 over the five year period preceding      basis for quantifying risk in
 publication of the IR. Used this         the future.
 number to estimate the number of         Estimates a 50 percent
 persons likely to be at risk.            probability that an incident
                                          will occur between 2004-2013
                                          that will require abandoning
                                          the vessel.
                                          Considers the
                                          probability of an event
                                          occurring in 2004 (1st full
                                          year of effectiveness) or in
                                          2013 (10th full year of
                                          effectiveness) to yield a
                                          benefit range.
 Estimated total costs at         Estimates passenger
 $5.88M \1\ for passenger vessels.        vessel (over 100 gt) costs,
                                          manning and equipment,
                                          accumulated through 2004 to be
                                          $45.6M \1\ accumulating to
                                          $109.2M \1\ by 2013. Annual
                                          costs peak at $18.6M ($100,000/
                                          vessel) in 2004 and stabilize
                                          at $13.7M ($74,000/vessel)
                                          thereafter.
 Total benefits to passenger      Estimates the benefits
 vessels (over 100 gt) were estimated     of this rule in terms of lives
 to range from .8 to 4.8 lives saved or   saved to be 155 lives. Dollar
 $810,000 \1\ to $2.73M \1\.              values for these lives saved
                                          range from a high of $298.4M
                                          \1\ to a low of $162.3M \1\
                                          should a passenger vessel
                                          accident occur in 2004 or 2013
                                          respectively.
 Performed a cost-benefit         Added a sensitivity
 analysis.                                analysis to the cost-benefit
                                          analysis to portray
                                          alternative scenarios.
------------------------------------------------------------------------
\1\ Totals are in discounted (present value) dollars.

Other Costs and Benefits in the Final RA

     Cost and benefit estimates for cargo vessels, tank ships, 
manned cargo and tank barges, oceanographic research vessels, nautical 
school vessels, and mobile offshore drilling units are the same in both 
the IR and FR.
     Total costs for these vessels are estimated at $13.7 
million.
     Total benefits for these vessels are estimated to range 
from $2.3 million to $16.9 million.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this Final Rule will have a 
significant economic impact on small entities. ``Small entities'' 
include independently owned and operated small businesses that are not 
dominant in their field and that otherwise qualify as ``small business 
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). 
``Small entities'' also include not-for-profit organizations and small 
governmental jurisdictions.
    The interim rule considered small business impact for vessels 
privately held by independent companies with less than 500 employees. 
It was determined that the FR would affect certain offshore supply 
vessels operating primarily in the Gulf of Mexico. About one-half of 
the OSV population is owned by 35 vessel owners, each having nine or 
fewer OSV's. Information provided by the International Association of 
Drilling Contractors and the Passenger Vessel Association, show that 
there is one MODU and about 10 percent of subchapter H passenger 
vessels that will be given consideration under the Regulatory 
Flexibility Act.
    Flexibilities offered to vessel operators include a five-year 
implementation period for passenger and cargo vessels to comply with 
survival craft requirements. Passenger vessels may opt for meeting 
survival craft requirements by using the SSMACP alternative. 
Additionally, operators required to meet the EPIRB requirement may do 
so over a two-year period. Because of these accommodations, the Coast 
Guard certifies that this FR will not have a significant economic 
impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offered to assist small entities in understanding the rule so that they 
could better evaluate its effects on them and participate in the 
rulemaking process.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), The 
Office of Management and Budget (OMB) reviews each rule that contains a 
collection-of-information requirement to determine whether the 
practical value of the information is worth the burden imposed by its 
collection. Collection-of-information requirements include reporting, 
recordkeeping, notification, and other, similar requirements.
    This FR contains collection-of-information requirements. The Coast 
Guard has submitted the requirements to OMB for review under section 
3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and 
OMB has approved them.
    The section numbers and the corresponding OMB approval numbers are 
as follows:

a. 31.36-1................................  2115-0071
b. 35.07-10...............................  2115-0071
c. 35.10-1................................  2115-0071
d. 35.10-5................................  2115-0576, 2115-0577
e. 35.40-40...............................  2115-0577
f. 70.28-1................................  2115-0071
g. 78.13-1................................  2115-0576, 2115-0577
h. 78.17-50...............................  2115-0071
i. 78.37-5................................  2115-0071
j. 78.47-45...............................  2115-0577
k. 90.27-1................................  2115-0071
l. 97.13-1................................  2115-0576, 2115-0577
m. 97.15-35...............................  2115-0071
n. 97.35-5................................  2115-0071
o. 97.37-42...............................  2115-0577
p. 107.305................................  2115-0554
q. 108.105................................  2115-0554
r. 108.645................................  2115-0577
s. 108.646................................  2115-0577
t. 108.647................................  2115-0577
u. 108.649................................  2115-0577
v. 108.650................................  2115-0577
w. 108.655................................  2115-0577
x. 108.901................................  2115-0557
y. 109.213................................  2115-0071
z. 109.301................................  2115-0071
aa. 109.323...............................  2115-0576, 2115-0557
ab. 109.425...............................  2115-0007
ac. 109.433...............................  2115-0071
ad. 133.40................................  2115-0554
ae. 133.70................................  2115-0577
af. 133.80................................  2115-0577
ag. 133.90................................  2115-0577
ah. 167.55-5..............................  2115-0577
ai. 167.65-1..............................  2115-0071
aj. 188.27-1..............................  2115-0071
ak. 195.06-1..............................  2115-0071
al. 196.13-1..............................  2115-0576, 2115-0577
am. 196.15-35.............................  2115-0071
an. 196.35-5..............................  2115-0071
ao. 196.37-37.............................  2115-0577
ap. 199.10................................  2115-0007
aq. 199.40................................  2115-0554
ar. 199.60................................  2115-0577

[[Page 52813]]

as. 199.70................................  2115-0577
at. 199.80................................  2115-0577
au. 199.90................................  2115-0577
av. 199.100...............................  2115-0576, 2115-0577
aw. 199.175...............................  2115-0577
ax. 199.176...............................  2115-0577
ay. 199.178...............................  2115-0577
az. 199.180...............................  2115-0071, 2115-0577
ba. 199.190...............................  2115-0071
bb. 199.217...............................  2115-0577
bc. 199.640...............................  2115-0577

    Persons are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612. Because of the minimal 
estimated cost to State and local governments, the Coast Guard believes 
that preparation of a Federalism Assessment is not warranted.
    The United States Coast Guard has historically inspected vessels 
for their compliance with Federal regulations and international 
standards to which the United States is a party that address the safety 
of vessels and protection of life and property at sea and on waters 
over which the United States exercises jurisdiction. Many of these 
regulations implement the provisions of the International Convention 
for the Safety of Life at Sea, 1974, (SOLAS) as amended, to which the 
United States is a party. As a party to the convention, the United 
States has agreed to implement its provisions for vessels flying the 
flag of the United States and to apply these provisions to foreign 
vessels in accordance with the enforcement regime established within 
the Convention. In addition, the certificates of inspection and SOLAS 
certificates issued to vessels by the United States Coast Guard as a 
result of the comprehensive inspection program of which these 
regulations are a part indicates that the vessels are safe for the 
service in which they are engaged. Actions by state and local 
governments that seek to impose different standards than those imposed 
by these regulations would frustrate the desire of Congress to impose 
uniform, international and national standards relating to the 
lifesaving equipment and systems for vessels subject to inspection 
under Subtitle II of Title 46, U.S. Code. For these reasons, it is the 
Coast Guard's opinion that the Supremacy Clause of the Constitution 
would preempt state and local regulations that seek to impose different 
or higher standards than those established in these regulations.

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, 109 Stat. 48, requires Federal agencies to assess the effects 
of certain regulatory actions on State, local, and tribal governments, 
and the private sector. UMRA requires a written statement of economic 
and regulatory alternatives for proposed and final rules that contain 
Federal mandates. A ``Federal mandate,'' is a new or additional 
enforceable duty, imposed on any State, local or tribal government, or 
the private sector. If any Federal mandate causes those entities, to 
spend, in the aggregate, $100 million or more in any one year the UMRA 
analysis is required.
    Much of the information required in a budgetary impact statement is 
in the final regulatory assessment for this rule. State and local 
governments account for about 42 percent of the 157 passenger vessels 
that will require additional survival craft. The total first-year cost 
to public vessels will be $185,677 in current dollars. Other costs to 
public vessels, implemented between 2000 and 2003, total $17.2 million 
in current dollars. Total annual recurring costs to public vessels are 
$5.8 million in current dollars in 2004, and decrease annually 
thereafter on a present value dollar basis.
    The UMRA analysis is not required because this rule results in an 
expenditure of less than $100 million per year by State, local, or 
tribal governments, or the private sector.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Figure 2-1(34) of Commandant Instruction 
M16475.lC, this rule is categorically excluded from further 
environmental documentation. This rule enhances the safety and 
survivability of personnel at sea, as well as improves the 
effectiveness of search and rescue. It is expected to have no 
environmental impact. A Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 28

    Fire prevention, Fishing vessels, Marine safety, Occupational 
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 108

    Fire prevention, Incorporation by reference, Marine safety, 
Occupational safety and health, Oil and gas exploration, Vessels.

46 CFR Part 109

    Marine safety, Occupational safety and health, Oil and gas 
exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 133

    Marine safety, Occupational safety and health, Oil and gas 
exploration, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 168

    Occupational safety and health, Schools, Seamen, Vessels.

46 CFR Part 199

    Cargo vessels, Incorporation by reference, Marine safety, Oil and 
gas exploration, Passenger vessels, Reporting and recordkeeping 
requirements, Vessels.
    For the reasons discussed in the preamble, part 28 is amended and 
the Interim Rule amending 46 CFR chapter I which was published at 61 FR 
25272 on May 20, 1996, is adopted as final with the following changes 
to parts 107, 108, 109, 133, and 199:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

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

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506 6104, 10603; 49 CFR 
1.46.


Sec. 28.130  [Amended]

    2. In Sec. 28.130(d), remove the phrase ``46 CFR part 94'' and add, 
in its place, the phrase ``46 CFR part 199''.

PART 107--INSPECTION AND CERTIFICATION

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

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; 46 U.S.C. 3316; 49 
CFR 1.45, 1.46; Sec. 107.05 also issued under the authority of 44 
U.S.C. 3507.

    4. In Sec. 107.111, add definitions in alphabetical order, for 
``drillship'' and ``widely-separated locations'' to read as follows:

[[Page 52814]]

Sec. 107.111  Definitions.

* * * * *
    Drillship means a surface type unit with a single shipshape 
displacement hull.
* * * * *
    Widely-separated locations as the term applies to the location of 
lifeboats on self-elevating units, means locations on different sides 
or ends of the unit separated by sufficient distance or structure to 
protect the lifeboats in one location from a fire or explosion 
occurring at or near the lifeboats in another location on the unit. 
Locations across from each other at the apex of a unit with a 
triangular deck are not widely-separated locations unless there is a 
substantial solid structure between them.


Sec. 107.231  [Amended]

    5. In Sec. 107.231 remove paragraph(w).
    6. In Sec. 107.305 revise paragraph(cc) to read as follows:


Sec. 107.305  Plans and information.

* * * * *
    (cc) The design weight of each lifeboat, rescue boat, and davit-
launched liferaft when fully equipped and loaded.
* * * * *

PART 108--DESIGN AND EQUIPMENT

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

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

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


Sec. 108.500  General.

    (a) Each unit, other than a drillship, must meet the requirements 
in this subpart.
    (b) Each drillship must meet the lifesaving system requirements in 
subchapter W of this chapter for a tank vessel certificated to carry 
cargoes that have a flash point less than 60 deg. C as determined under 
ASTM D-93-94.
* * * * *
    9. In Sec. 108.540 revise paragraphs (h)(3) and (h)(4) to read as 
follows:


Sec. 108.540  Survival craft muster and embarkation arrangements.

* * * * *
    (h) * * *
    (3) If the embarkation ladders cannot be supported against a 
vertical flat surface, the unit must instead be provided with at least 
two widely-separated fixed metal ladders or stairways extending from 
the deck to the surface of the water and meet the following:
    (i) Each inclined fixed ladder must meet the requirements under 
Sec. 108.159.
    (ii) Each vertical fixed ladder must meet the requirements under 
Sec. 108.160 for fixed ladders, except that the vertical bars in cages 
must be open at least 500 millimeters (20 inches) on one side 
throughout the length of the ladder, and cages are not required in the 
area subject to wave action or on ladders inside the legs of a self-
elevating unit.
    (iii) If a fixed ladder cannot be installed, the OCMI may accept an 
alternate means of embarkation with sufficient capacity for all persons 
permitted on board to safely descend to the waterline.
    (4) Alternate means of embarkation under paragraphs (h)(1)(ii) and 
(h)(3) of this section, such as portable slides, safety booms, moveable 
ladders, elevators, and controlled descent devices, must be acceptable 
to the OCMI. An alternate means of embarkation must have sufficient 
capacity to permit persons to safely descend to the waterline at a rate 
comparable to the device which the alternate means of embarkation 
replaces.
    10. In Sec. 108.565 revise paragraph (a)(3) to read as follows:


Sec. 108.565  Stowage of rescue boats.

    (a) * * *
    (3) Each rescue boat must be stowed in a way that neither the 
rescue boat nor its stowage arrangements will interfere with the 
operation of any survival craft at any other launching station.
* * * * *


Sec. 108.570  [Amended]

    11. In Sec. 108.570, in paragraph (c)(1), remove the number 
``Sec. 108.510'' and add, in its place, the number ``Sec. 108.540'.
    12. In Sec. 108.575, revise entries 20 and 38 of Table 108.575(b) 
to read as follows:


Sec. 108.575  Survival craft and rescue boat equipment.

* * * * *

                                   Table 108.575(b)--Survival Craft Equipment
----------------------------------------------------------------------------------------------------------------
                                            International service             Other than international service
                                   -----------------------------------------------------------------------------
    Item No.            Item                        Rigid                                  Rigid
                                      Lifeboat     liferaft   Rescue boat    Lifeboat     liferaft   Rescue boat
----------------------------------------------------------------------------------------------------------------
 *                     *                     *                     *                     *                     *
                                                                 *
20.............  Oars (units) \5\             1                         1
                  \6\.
                 Paddles..........                         2                                      2
 *                     *                     *                     *                     *                     *
                                                                 *
38.............  Tool Kit.........            1                                      1
----------------------------------------------------------------------------------------------------------------

* * * * *
    13. In Sec. 108.580 revise paragraphs (b)(3)(i) and (c)(2)(i) to 
read as follows:


Sec. 108.580  Personal lifesaving appliances.

* * * * *
    (b) * * *
    (3) * * *
    (i) Each lifejacket must have a lifejacket light approved under 
approval series 161.112 securely attached to the front shoulder area of 
the lifejacket. On a unit not in international service, a light 
approved under approval series 161.012 may be used. However, lifejacket 
lights bearing Coast Guard approval number 161.012/2/1 are not 
permitted unless the unit is certificated to operate only on waters 
between 32 deg. N and 32 deg. S latitude.
* * * * *
    (c) * * *
    (2) * * *
    (i) Each immersion suit or anti-exposure suit must have a 
lifejacket light approved under approval series 161.112 securely 
attached to the front shoulder area of the immersion suit or anti-
exposure suit. On a unit not in international service, a light approved 
under approval series 161.012 may be used. However, lifejacket lights 
bearing Coast Guard approval number 161.012/2/1 are not permitted on 
units certificated to operate on waters where

[[Page 52815]]

water temperature may drop below 10 deg. C (50 deg. F).
* * * * *
    14. In Sec. 108.645 revise paragraphs (a)(1)(ii), (a)(2), and 
(b)(2) to read as follows:


Sec. 108.645  Markings on lifesaving appliances.

    (a) * * *
    (1) * * *
    (ii) The name of the port required to be marked on the unit to meet 
the requirements of subpart 67.123 of this chapter.
    (2) The number of persons the boat is equipped for, which may not 
exceed the number shown on its nameplate, must be clearly marked in 
permanent characters.
* * * * *
    (b) * * *
    (2) The name of the port required to be marked on the unit to meet 
the requirements of subpart 67.123 of this chapter.
* * * * *
    15. In Sec. 108.646 revise paragraph (c) to read as follows:


Sec. 108.646  Marking of stowage locations.

* * * * *
    (c) Survival craft should be numbered.
    15. In Sec. 108.649, revise paragraphs(b), (c), (e)(1), and (g) to 
read as follows:


Sec. 108.649  Lifejackets, immersion suits, and lifebuoys.

* * * * *
    (b) The stowage positions for lifejackets, other than lifejackets 
stowed in staterooms, must be marked with either the word 
``LIFEJACKET'' or with the appropriate symbol from IMO Resolution 
A.760(18).
    (c) Each immersion suit or anti-exposure suit must be marked to 
identify the person or unit to which it belongs.
* * * * *
    (e) * * *
    (1) In block capital letters with the unit's name and with the name 
of the port required to be marked on the unit under subpart 67.123 of 
this chapter; and
* * * * *
    (g) Each lifejacket, immersion suit, and anti-exposure suit 
container must be marked in block capital letters and numbers with the 
minimum quantity, identity, and if sizes other than adult or universal 
sizes are used on the unit, the size of the equipment stowed inside the 
container. The equipment may be identified in words or with the 
appropriate symbol from IMO Resolution A.760(18).
    17. In Sec. 108.901 revise paragraphs (b) introductory text, (b)(6) 
introductory text, (b)(6)(ix), (b)(6)(x), (b)(7) introductory text, and 
(c) introductory text, to read as follows:


Sec. 108.901  Muster list and emergency instructions.

* * * * *
    (b) Muster list. Copies of the muster list must be posted in 
conspicuous places throughout the unit including on the navigating 
bridge, in the control room, and in accommodation spaces. The muster 
list must be posted at all times while the unit is in service. After 
the muster list has been prepared, if any change takes place that 
necessitates an alteration in the muster list, the person in charge 
must either revise the muster list or prepare a new one. Muster lists 
must provide the following information:
* * * * *
    (6) The muster list must specify the duties assigned to the 
different industrial personnel and members of the crew that include--
* * * * *
    (ix) Cover the duties of the crew and industrial personnel in case 
of collisions or other serious casualties; and
    (x) Cover the duties of the crew and industrial personnel in case 
of severe storms.
    (7) Each muster list must specify the duties assigned to industrial 
personnel and members of the crew in relation to visitors and other 
persons on board in case of an emergency that include--
* * * * *
    (c) Emergency instructions. Illustrations and instructions in 
English and any other appropriate language, as determined by the OCMI, 
must be posted in each cabin used for persons who are not members of 
the crew or industrial personnel. They must be conspicuously displayed 
at each muster station and in other accommodation spaces to inform 
personnel of--
* * * * *

PART 109--OPERATIONS

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

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104; 49 CFR 
1.46.

    19. In Sec. 109.213 revise paragraphs (a)(2)(vi), (a)(2)(ix), (b), 
(c)(2), (d)(5), (d)(7), (f)(2)(vii), (g)(7)(v)(G) and (h)(1)(iv) to 
read as follows:


Sec. 109.213  Emergency training and drills.

    (a) * * *
    (2) * * *
    (vi) The method and use of water spray systems in launching areas 
when required for the protection of aluminum survival craft or 
launching appliances;
* * * * *
    (ix) The use of all detection equipment for the location of 
survivors or survival craft;
* * * * *
    (b) Familiarity with emergency procedures. Each of the crew members 
and industrial personnel with assigned emergency duties on the muster 
list must be familiar with their assigned duties before working on the 
unit.
    (c) * * *
    (2) Each of the crew members and industrial personnel must 
participate in at least one abandonment drill and one fire drill every 
month. Drills must take place within 24 hours of a change in crew or 
industrial personnel if more than 25 percent of the persons on board 
have not participated in an abandonment and fire drills on board the 
unit in the previous month.
* * * * *
    (d) * * *
    (5) If a unit is fitted with marine evacuation systems, drills must 
include an exercising of the procedures required for the deployment of 
such a system up to the point immediately preceding actual deployment 
of the system. This aspect of drills should be augmented by regular 
instruction using the on board training aids. Additionally, members of 
the crew or industrial personnel assigned to duties involving the 
marine evacuation system must be further trained by participation in a 
full deployment of a similar system into water, either on board a unit 
or ashore, at intervals normally not longer than 2 years, but in no 
case longer than 3 years.
* * * * *
    (7) On a unit carrying immersion suits or anti-exposure suits, 
immersion suits or anti-exposure suits must be worn by crew members and 
industrial personnel in at least one abandonment drill in any three-
month period. If wearing the suit is impracticable due to warm weather, 
the crew members must be instructed on its donning and use.
* * * * *
    (f) * * *
    (2) * * *
    (vii) Simulated operation of remote controls for stopping 
ventilation and fuel supplies to machinery spaces.
* * * * *
    (g) * * *
    (7) * * *
    (v) * * *
    (G) Operating equipment provided to aid in the detection of the 
survival craft by others, including radio distress

[[Page 52816]]

alerting and radio emergency procedures; and
* * * * *
    (h) * * *
    (1) * * *
    (iv) Logbook entries must identify crew members and industrial 
personnel participating in drills or training sessions.
* * * * *
    20. In Sec. 109.301 revise paragraphs (d)(2) and (g)(4) to read as 
follows:


Sec. 109.301  Operational readiness, maintenance, and inspection of 
lifesaving equipment.

* * * * *
    (d) * * *
    (2) Each lifeboat engine and rescue boat engine must be run ahead 
and astern for a total of not less than 3 minutes, unless the ambient 
air temperature is below the minimum temperature required for starting 
the engine. During this time, demonstrations should indicate that the 
gear box and gear box train are engaging satisfactorily. If the special 
characteristics of an outboard motor fitted to a rescue boat would not 
allow the outboard motor to be run other than with its propeller 
submerged for a period of 3 minutes, the outboard motor should be run 
for such period as prescribed in the manufacturer's handbook.
* * * * *
    (g) * * *
    (4) Each inflated rescue boat must be repaired and maintained in 
accordance with the manufacturer's instructions. All repairs to 
inflated chambers must be made at a servicing facility approved by the 
Commandant, except for emergency repairs carried out on board the unit.
* * * * *
    21. Revise Sec. 109.425 to read as follows:


Sec. 109.425  Repairs and alterations: Fire detecting and extinguishing 
equipment.

    (a) Before making repairs or alterations, except for routine 
maintenance, minor repairs, or emergency repairs or alterations to fire 
detecting and extinguishing equipment, the master or person in charge 
must report the nature of the repairs or alterations to the OCMI.
    (b) When emergency repairs or alterations, other than minor 
emergency repairs, have been made to fire-detecting or fire-
extinguishing equipment, the master or person in charge must report the 
nature of the repairs or alterations to the OCMI.

PART 133--LIFESAVING SYSTEMS

    22. The authority citation for part 133 continues to read as 
follows:

    Authority: 46 U.S.C. 3306; 46 CFR 1.46.

    23. In Sec. 133.70 revise paragraphs (a)(3)(ii), (b)(4), (c)(3) and 
(c)(4) to read as follows:


Sec. 133.70  Personal lifesaving appliances.

    (a) * * *
    (3) * * *
    (ii) Each lifebuoy must be marked in block capital letters with the 
name of the OSV and the name of the port required to be marked on the 
stern of the OSV under subpart 67.123 of this chapter.
* * * * *
    (b) * * *
    (4) Lifejacket lights. Each lifejacket must have a lifejacket light 
approved under approval series 161.112 or 161.012 securely attached to 
the front shoulder area of the lifejacket. However, lifejacket lights 
bearing Coast Guard approval number 161.012/2/1 are not permitted on 
OSVs certificated to operate on waters where water temperature may drop 
below 10 deg. C (50 deg. F).
* * * * *
    (c) * * *
    (3) Markings. Each immersion suit or anti-exposure suit must be 
marked in such a way as to identify the person or OSV to which it 
belongs.
    (4) Lights for immersion suits or anti-exposure suits. Each 
immersion suit or anti-exposure suit must have a lifejacket light 
approved under approval series 161.112 or 161.012 securely attached to 
the front shoulder area of the immersion suit or anti-exposure suit. 
However, lifejacket lights bearing Coast Guard approval number 161.012/
2/1 are not permitted on OSVs certificated to operate on waters where 
water temperature may drop below 10 deg. C (50 deg. F).
* * * * *
    24. In Sec. 133.130 revise paragraph (a)(2) to read as follows:


Sec. 133.130  Stowage of survival craft.

    (a) * * *
    (1) * * *
    (2) Each survival craft must be stowed in a way that neither the 
survival craft nor its stowage arrangements will interfere with the 
embarkation and operation of any other survival craft or rescue boat at 
any other launching station.
* * * * *
    25. In Sec. 133.150 revise paragraph (c)(6) to read as follows:


Sec. 133.150  Survival craft launching and recovery arrangements: 
General.

* * * * *
    (c) * * *
    (6) Liferafts installed on liftboats.
* * * * *
    26. In Sec. 133.160 revise paragraph (a) to read as follows:


Sec. 133.160  Rescue boat embarkation, launching and recovery 
arrangements.

    (a) Each davit for a rescue boat must be approved under approval 
series 160.132 with a winch approved under approval series 160.115. If 
the launching arrangement uses a single fall, the davit may be of a 
type which is turned out manually, and the release mechanism may be an 
automatic disengaging apparatus approved under approval series 160.170 
instead of a lifeboat release mechanism. Each rescue boat must be able 
to be boarded and launched directly from the stowed position with the 
number of persons assigned to crew the rescue boat on board. If the 
rescue boat is also a lifeboat and the other lifeboats are boarded and 
launched from an embarkation deck, the arrangements must be such that 
the rescue boat can also be boarded and launched from the embarkation 
deck.
* * * * *

PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS

    27. The authority citation for part 168 continues to read as 
follows:

    Authority: 46 U.S.C. 3305; 3306; 46 CFR 1.46.


Sec. 168.05  [Amended]

    28. In Sec. 168.05-5 remove the word ``Accommadations'' and add, in 
its place, the word ``Accommodations'.

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

    29. The authority citation for part 199 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.

    30. In Sec. 199.03 revise paragraphs (b)(9) and (b)(10) to read as 
follows:


Sec. 199.03  Relationship to international standards.

* * * * *
    (b) * * *
    (9) The requirements for guarding of falls in Secs. 199.153 (e) and 
(g) must be met.
    (10) The winch drum requirements described in Sec. 199.153(f) must 
be met for all survival craft winches, including multiple drum winches.
* * * * *

[[Page 52817]]

    31. Revise Sec. 199.10 to read as follows:


Sec. 199.10  Applicability.

    (a) General. Unless expressly provided otherwise in this Chapter, 
this part applies to all vessels inspected under U.S. law as set out in 
Table 199.10(a).

                                            Table 199.10(a).--Lifesaving Requirements for Inspected Vessels.
--------------------------------------------------------------------------------------------------------------------------------------------------------
            46 CFR                                                                  Subchapter W Subparts applicable \1\
------------------------------    Vessel Type     Vessel Service  ------------------------------------------------------------------------   Other \2\
          Subchapter                                                    A           B           C           D           E           F
--------------------------------------------------------------------------------------------------------------------------------------------------------
D............................  Tank > 500 tons.  International             X           X   ..........          X
                                                  voyage \3\.
D............................  Tank > 500 tons.  International             X           X   ..........          X           X           X
                                                  voyage \3\.
D............................  Tank............  All other                 X           X   ..........          X           X           X
                                                  services.
H............................  Passenger.......  International             X           X           X           X
                                                  voyage \3\.
H............................  Passenger.......  Short Inter'l             X           X           X
                                                  voyage \3\.
H............................  Passenger.......  All other                 X           X           X   ..........          X
                                                  services.
I............................  Cargo > 500 tons  International             X           X   ..........          X
                                                  voyage \3\.
I............................  Cargo 1< 500      International             X           X   ..........          X           X
                                tons.             voyage \3\.
I............................  Cargo...........  All other                 X           X   ..........          X           X           X
                                                  services.
I-A..........................  MODU............  All.............  ..........  ..........  ..........  ..........  ..........  ..........  46 CFR 108
K............................  Small Passenger.  International             X           X           X
                                                  voyage \3\.
K............................  Small Passenger.  Short Inter'l             X           X           X
                                                  voyage \3\.
K............................  Small Passenger.  All other         ..........  ..........  ..........  ..........  ..........  ..........  46 CFR 117
                                                  services.
L............................  Offshore Supply.  All.............  ..........  ..........  ..........  ..........  ..........  ..........  46 CFR 133
R--Part 167..................  Public Nautical   International             X           X       X \4\       X \5\
                                School.           voyage \3\.
R--Part 167..................  Public Nautical   All other                 X           X       X \4\       X \5\           X           X
                                School.           services.
R--Part 168..................  Civilian          International             X           X       X \4\       X \5\   ..........
                                Nautical School.  voyage \3\.
R--Part 168..................  Civilian          All other                 X           X       X \4\       X \5\           X           X
                                Nautical School.  services.
R--Part 169..................  Sailing School..  All services....  ..........  ..........  ..........  ..........  ..........  ..........  46 CFR
                                                                                                                                            169.500
T............................  Small Passenger.  International             X           X           X
                                                  voyage \3\.
T............................  Small Passenger.  Short Int'l               X           X           X
                                                  voyage \3\.
T............................  Small Passenger.  All other         ..........  ..........  ..........  ..........  ..........  ..........  46 CFR 180
                                                  services.
U............................  Oceanographic     International             X           X       X \4\       X \5\
                                Res..             voyage \3\.
U............................  Oceanographic     All other                 X           X       X \4\       X \5\           X           X
                                Res..             services.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Subchapter W does not apply to inspected nonself-propelled vessels without accommodations or work stations on board.
\2\ Indicates section where primary lifesaving system requirements are located. Other regulations may also apply.
\3\ Not including vessels solely navigating the Great Lakes of North America and the River Saint Lawrence as far east as a straight line drawn from Cap
  des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian.
\4\ Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the
  structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.
\5\ Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this
  chapter for passenger vessels of the same size.

    (b) Inspected vessels not covered under this subchapter. This part 
does not apply to non-self-propelled vessels without accommodations or 
work stations on board. Unless otherwise required by this chapter, it 
does not apply to offshore supply vessels; mobile offshore drilling 
units; small passenger vessels; and sailing school vessels.
    (c) Conversion of cargo vessel to passenger vessel. For purposes of 
the application of this part, a cargo vessel, whenever constructed, 
which is converted to a passenger vessel is deemed to be a passenger 
vessel that is constructed on the date on which the conversion 
commences.
    (d) Vessels on international voyages. This subpart and subparts B, 
C, and D of this part apply to vessels engaged on international 
voyages, except--
    (1) Cargo vessels of less than 500 tons gross tonnage;
    (2) Vessels not propelled by mechanical means;

[[Page 52818]]

    (3) Wooden vessels of primitive build; and
    (4) Vessels solely navigating the Great Lakes of North America and 
the River Saint Lawrence as far east as a straight line drawn from Cap 
des Rosiers to West Point, Anticosti Island, and on the north side 
Anticosti Island, the 63rd meridian.
    (5) Tank vessels constructed before October 1, 1996 engaged in 
voyages between the continental United States and Alaska or Hawaii, and 
all other vessels engaged on international voyages which were 
constructed before July 1, 1986, must meet the requirements of 
Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190 
(paragraph (b) applies as much as practicable), 199.214, 199.217, 
199.250, 199.261 (b)(2) and (e), and 199.273, and must fit retro-
reflective material on all floating appliances, lifejackets and 
immersion suits. Except for the requirements of Secs. 199.261 (b)(2) 
and (e), vessels may retain the number, type, and arrangement of 
lifesaving appliances previously required and approved for the vessel 
as long as the arrangement or appliance is maintained in good condition 
to the satisfaction of the OCMI.
    (e) Passenger vessels. For the purposes of this part, the following 
vessels must meet the requirements for passenger vessels:
    (1) Passenger vessels.
    (2) Special purpose vessels carrying more than 50 special 
personnel.
    (3) Special purpose vessels carrying not more than 50 special 
personnel if the vessels meet the structural fire protection 
requirements in subchapter H of this chapter for passenger vessels of 
the same size.
    (f) Cargo vessels. For the purposes of this part, the following 
vessels must meet the requirements for cargo vessels:
    (1) Cargo vessels.
    (2) Tank vessels.
    (3) Special purpose vessels carrying not more than 50 special 
personnel that do not meet the structural fire protection requirements 
in subchapter H of this chapter for passenger vessels of the same size.
    (g) Subparts applying to vessels on international and short 
international voyages. (1) Passenger vessels on international voyages 
must meet the requirements of this subpart and subparts B and C of this 
part.
    (2) Cargo vessels on international voyages must meet the 
requirements of this subpart and subparts B and D of this part.
    (3) The provisions for passenger vessels on short international 
voyages in this subpart and subparts B and C of this part do not apply 
to special purpose vessels described in paragraphs (f)(2) and (3) of 
this section.
    (h) Vessels not subject to SOLAS. Vessels not on international 
voyages and vessels listed in paragraph (d) of this section must meet 
the requirements of this subpart and subparts B, C, D, and E of this 
part unless otherwise exempted or permitted by subpart F of this part.
    (1) Vessels on other than international voyages and vessels listed 
in paragraph (d) of this section which were constructed prior to 
October 1, 1996, must--
    (i) By October 1, 1999, meet the requirements of 
Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190 
(paragraph (b) applies as much as practicable), 199.217, 199.250, 
199.273, and 199.510, and fit retroreflective material on all floating 
appliances, lifejackets, and immersion suits;
    (ii) By October 1, 2003, passenger vessels must carry the number 
and type of survival craft specified in table 199.630 of this part and 
cargo vessels in oceans and coastwise service must carry the number and 
type of survival craft specified in Sec. 199.261(b)(2) and (e);
    (iii) By October 1, 2003, passenger vessels must carry the 
immersion suits and thermal protective aids specified in Sec. 199.214; 
and
    (iv) Except for the requirements in paragraphs (i)(1)(ii) and 
(i)(1)(iii) of this section, vessels may retain the number, type, and 
arrangement of lifesaving equipment, including lifeboats, lifeboat 
davits, winches, inflatable liferafts, liferaft launching equipment, 
rescue boats, lifefloats, and buoyant apparatus previously required and 
approved for the vessel as long as the arrangement or appliance is 
maintained in good condition to the satisfaction of the OCMI.
    (2) This paragraph does not apply to public vessels.
    (i) New lifesaving appliances or arrangements. When any lifesaving 
appliance or arrangement on a vessel subject to this part is replaced, 
or when the vessel undergoes repairs, alterations, or modifications of 
a major character involving replacement of, or any addition to, the 
existing lifesaving appliance or arrangements, each new lifesaving 
appliance and arrangement must meet the requirements of this part, 
unless the OCMI determines that the vessel cannot accommodate the new 
appliance or arrangement, except that--
    (1) A survival craft is not required to meet the requirements of 
this part if it is replaced without replacing its davit and winch; and
    (2) A davit and its winch are not required to meet the requirements 
of this part if one or both are replaced without replacing the survival 
craft.
    (j) Repairs and alterations to lifesaving appliances. No extensive 
repairs or alterations, except in an emergency, may be made to a 
lifesaving appliance without advance notification to the OCMI. Insofar 
as possible, each repair or alteration must be made with material, and 
tested in the manner, specified in this subchapter and applicable to 
the new construction requirements in subchapter Q of this chapter. 
Emergency repairs or alterations must be reported as soon as 
practicable to the OCMI responsible for the port or location where the 
vessel may call after such repairs are made. Lifeboats, rescue boats, 
or rigid liferafts may not be reconditioned for use on a vessel other 
than the one they were originally built for, unless specifically 
accepted by the OCMI.
    (k) Vessels reflagged under Sec. 1137, Coast Guard Authorization 
Act of 1996. Vessels that qualify for a certificate of inspection under 
the provisions of section 1137, Coast Guard Authorization Act of 1996, 
Public Law 104-324, 110 Stat. 3988 (46 U.S.C.A. app. 1187, Note), are 
not subject to the requirements of this part if such vessels meet 
lifesaving equipment standards required under section 1137 as 
determined by the Commandant.
    32. Amend Sec. 199.70 as follows:
    a. Remove and reserve paragraph (b)(2)(ii); and
    b. Revise paragraphs (a)(2) and (c)(3) to read as follows;


Sec. 199.70  Personal lifesaving appliances.

    (a) * * *
    (2) Markings. Each lifebuoy must be marked in block capital letters 
with the name of the vessel and the name of the port required to be 
marked on the stern of the vessel under Secs. 67.123 of part 67 of this 
chapter.
* * * * *
    (c) * * *
    (3) Markings. Each immersion suit or anti-exposure suit must be 
marked in such a way as to identify the person or vessel to which it 
belongs.
* * * * *
    33. In Sec. 199.80 revise paragraph (b)(4) to read as follows:


Sec. 199.80  Muster list and emergency instructions.

* * * * *
    (b) * * *
    (4) How the order to abandon the vessel will be given;
* * * * *
    34. In Sec. 199.100 revise paragraph (f) to read as follows:

[[Page 52819]]

Sec. 199.100  Manning of survival craft and supervision.

* * * * *
    (f) The master must make sure that the persons required under 
paragraphs (a), (b), (c), and (d) of this section are equitably 
distributed among the vessel's survival craft.


Sec. 199.110  [Amended]

    35. In Sec. 199.110, in the first sentence of paragraph (f)(4), 
remove the word ``man'' and add, in its place, the word ``may''.
    36. In Sec. 199.140 revise paragraph (a)(1) to read as follows:


Sec. 199.140  Stowage of rescue boats.

    (a) * * *
    (1) To be ready for launching in not more than 5 minutes;
* * * * *
    37. Amend Sec. 199.153 as follows:
    a. In paragraph (h)(1) remove the word ``actula'' and add, in its 
place, the word ``actual'';
    b. In paragraph (h)(2) remove the word ``thee'' and add, in its 
place, the word ``the'';
    c. In paragraph (i) remove the phrase ``paragraph (g)'' and add, in 
its place, the phrase ``paragraph (h)''; and
    d. Revise paragraph (f) to read as follows:


Sec. 199.153  Survival craft launching and recovery arrangements using 
falls and a winch.

* * * * *
    (f) Each winch drum must be arranged so the fall wire winds onto 
the drum in one or more level wraps. A multiple drum winch must be 
arranged so that the falls wind off at the same rate when lowering and 
onto the drums at the same rate when hoisting.
* * * * *
    38. In Sec. 199.175 revise paragraph (b)(21)(i)(B) to read as 
follows:


Sec. 199.175  Survival craft and rescue boat equipment.

    (b) * * *
    (21) * * *
    (i) * * *
    (B) The painter for a lifeboat and each painter for a rescue boat 
must be of a length that is at least twice the distance from the 
stowage position of the boat to the waterline with the vessel in its 
lightest seagoing condition, or must be 15 meters (50 feet) long, 
whichever is the greater.
* * * * *
    39. In Sec. 199.176 revise paragraphs (a)(1)(ii), (a)(2) and (b)(2) 
to read as follows:


Sec. 199.176  Markings on lifesaving appliances.

    (a) * * *
    (1) * * *
    (ii) The name of the port required to be marked on the stern of the 
vessel to meet the requirements of subpart 67.123 of this chapter.
    (2) The number of persons for which the boat is equipped must be 
clearly marked, preferably on the bow, in permanent characters. The 
number of persons for which the boat is equipped must not exceed the 
number of persons shown on its nameplate.
* * * * *
    (b) * * *
    (2) The name of the port required to be marked on the stern of the 
vessel to meet the requirements of Sec. 67.123 of this chapter must be 
marked on each rigid liferaft.
    40. In Sec. 199.180 revise paragraphs (a)(2)(vi), (a)(2)(ix), 
(d)(11), and (f)(2)(i) to read as follows:


Sec. 199.180  Emergency training and drills.

    (a) * * *
    (2) * * *
    (vi) The method and use of water spray systems in launching areas 
when such systems are required for the protection of aluminum survival 
craft or launching appliances;
* * * * *
    (ix) The use of all detection equipment for the location of 
survivors or survival craft;
    (d) * * *
    (11) If a vessel carries immersion suits or anti-exposure suits, 
the suits must be worn by crewmembers in at least one abandon ship 
drill in any three-month period. If wearing the suits is impracticable 
due to warm weather, the crewmembers must be instructed on their 
donning and use.
* * * * *
    (f) * * *
    (2) * * *
    (i) Reporting to stations and preparing for the duties described in 
the muster list for the particular fire emergency being simulated;
* * * * *
    41. In Sec. 199.190 revise paragraphs (d)(2) and (g)(4) to read as 
follows:


Sec. 199.190  Operational readiness, maintenance, and inspection of 
lifesaving equipment

* * * * *
    (d) * * *
    (2) Each lifeboat engine and rescue boat engine must be run ahead 
and astern for a total of not less than 3 minutes unless the ambient 
temperature is below the minimum temperature required for starting the 
engine. During this time, demonstrations should indicate that the gear 
box and gear box train are engaging satisfactorily. If the special 
characteristics of an outboard motor fitted to a rescue boat would not 
allow the outboard motor to be run other than with its propeller 
submerged for a period of 3 minutes, the outboard motor should be run 
for such period as prescribed in the manufacturer's handbook.
* * * * *
    (g) * * *
    (4) Each inflated rescue boat must be repaired and maintained in 
accordance with the manufacturer's instructions. All repairs to 
inflated chambers must be made at a servicing facility approved by the 
Commandant, except for emergency repairs carried out on board the 
vessel.
* * * * *
    42. In Sec. 199.610, revise paragraph (a) and Table 199.610(a) to 
read as follows:


Sec. 199.610  Exemptions for vessels in specified services.

    (a) All vessels. Vessels operating in coastwise, Great Lakes, 
lakes, bays and sounds, and rivers services are exempt from 
requirements in subparts A through E of this part as specified in table 
199.610(a) of this section.

                       Table 199.610(a).--Exemptions for All Vessels in Specified Services
----------------------------------------------------------------------------------------------------------------
                                                                          Service
                                         -----------------------------------------------------------------------
    Section or paragraph in this part                                         Lakes, bays, and
                                              Coastwise        Great Lakes         sounds            Rivers
----------------------------------------------------------------------------------------------------------------
199.60(c): Distress signals.............  (\1\)             (\1\)             Exempt..........  Exempt.
199.70(a)(3)(iii): Lifebuoys fitted with  Exempt..........  Exempt..........  Exempt..........  Exempt.
 smoke signals.
199.70(b)(1)(i): Carriage of additional   (\2\)             (\2\)             (\2\)             (\2\)
 child-size lifejackets.
199.70(b)(4)(i): Lifejacket lights (for   (\3\)             (\3\)             Exempt..........  Exempt.
 lifejackets).
199.70(c)(4)(i): Lifejacket lights (for   (\3\)             (\3\)             Exempt..........  Exempt.
 immersion suits).

[[Page 52820]]

199.70(b)(4)(ii): Lifejacket whistles...  Exempt..........  Exempt..........  Exempt..........  Exempt.
199.70(c): Immersion suits for rescue     Not Exempt......  Not Exempt......  Exempt..........  Exempt.
 boat crew members.
199.70(c)(4)(ii): Immersion suit          Exempt..........  Exempt..........  Exempt..........  Exempt.
 whistles.
199.100(c)(1): Requirements for person-   Not Exempt......  Not Exempt......  Not Exempt......  Exempt.
 in-charge of survival craft.
199.100(d): Designation of second-in-     (\4\)             (\4\)             (\4\)             Exempt.
 command of lifeboat.
199.110(f): Embarkation ladders at        (\5\)             (\5\)             (\5\)             (\5\)
 launching stations.
199.130(a)(4): Survival craft stowage     Not Exempt......  Not Exempt......  Exempt..........  Exempt.
 position.
199.170: Line-throwing appliance........  Not Exempt......  Exempt..........  Exempt..........  Exempt.
199.175(b)(21)(ii)(B) or                  (\6\)             (\6\)             (\6\)             (\6\)
 199.640(j)(4)(E): Float-free link.
199.190(j): Renewal of survival craft     Not Exempt......  (\7\)             (\7\)             (\7\)
 falls.
199.202 or 199.262 Rescue boats.........  (\8\)             (\8\)             (\8\)             (\8\)
199.510: EPIRB requirement..............  (\8\ \9\)         (\8\ \10\)        Exempt..........  Exempt.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Exempt if the vessel operates on a route with a duration of 30 minutes or less.
\2\ Exempt if the vessel does not carry persons smaller than the lower size limit of the lifejackets carried.
\3\ Exempt if the vessel is a ferry or has no overnight accommodations.
\4\ Exempt if the lifeboat has a carrying capacity of less than 40 persons.
\5\ Exempt if the distance is less than 3 meters (10 feet) from the embarkation deck to the water with the
  vessel in its lightest seagoing operating condition.
\6\ Exempt if the vessel operates on a route on which the water depth is never more than the length of the
  painter.
\7\ Exempt if the vessel operates on a fresh water route and inspection shows that the falls are not damaged by
  corrosion.
\8\ Exempt if the vessel is non-self propelled and in tow, moored to or alongside a MODU or a self-propelled
  vessel, or moored to shore.
\9\ Exempt if the vessel is a cargo vessel under 300 tons gross tonnage and operates on a route no more than 3
  nautical miles from shore.
\10\ Exempt if the vessel operates on a route no more than 3 nautical miles from shore.

* * * * *
    43. Amend Sec. 199.620 as follows:
    a. Revise Table 199.620(a) and paragraph (e) as follows;
    b. In the paragraph immediately following paragraph (k)(2), remove 
the paragraph designation ``1'' (the numeral ``one'') and add, in its 
place, the paragraph designation ``l'' (the lower case letter ``L''); 
and
    c. Add paragraphs (o) and (p) as follows.


Sec. 199.620  Alternatives for all vessels in a specified service.

* * * * *

                                   Table 199.620(a).--Alternative Requirements for All Vessels in a Specified Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Service and reference to alternative requirement section or paragraph
                                    --------------------------------------------------------------------------------------------------------------------
 Section or paragraph in this part                                                                             Lakes, Bays and
                                             Oceans                 Coastwise             Great Lakes               Sounds                 Rivers
--------------------------------------------------------------------------------------------------------------------------------------------------------
199.70(a): Lifebuoy approval series  199.620(b)\1\.........  199.620(b)\1\.........  199.620(b)...........  199.620(b)...........  199.620(b)
199.70(b): Lifejacket approval       199.620(c)\2\.........  199.620(c)\2\.........  199.620(c)...........  199.620(c)...........  199.620(c)
 series.
199.70(b)(1): Number of lifejackets  No Alternative........  199.620(d)............  199.620(d)...........  199.620(d)...........  199.620(d)
 carried.
199.70(b)(4)(i): Lifejacket light    No Alternative........  199.620(e)............  199.620(e)...........  Not Applicable.......  Not Applicable.
 approval series.
199.100(b): Manning of survival      No Alternative........  No Alternative........  No Alternative.......  No Alternative.......  199.620(o)
 craft.
199.110(f): Embarkation ladder.....  199.620(f)............  199.620(f)............  199.620(f)...........  199.620(f)...........  199.620(f)
199.130(b): Survival craft stowage   No Alternative........  No Alternative........  199.620(g)...........  199.620(g)...........  199.620(g)
 position.
199.170: Line-throwing appliance     199.620(h)\2\.........  199.620(h)\3\.........  Not Applicable.......  Not Applicable.......  Not Applicable.
 approval series.
199.175: Lifeboat, rescue boat, and  199.620(i)\4\.........  199.620(i)............  199.620(j)...........  199.620(j)...........  199.620(j)
 rigid liferaft equipment.
199.180 Training and drills........  199.620(p)............  199.620(p)............  199.620(p)...........  199.620(p)...........  199.620(p)
199.190: Spares and repair           199.620(n)............  199.620(n)............  199.620(n)...........  199.620(n)...........  199.620(n)
 equipment.
199.201(a)(2) or 199.261:            199.620(l)\4\.........  199.620(l)............  199.620(l)...........  199.620(l)...........  199.620(l)
 Inflatable liferaft equipment.
199.201(a)(2) or 199.621: Liferaft   No Alternative........  199.620(k)............  199.620(k)...........  199.620(k)...........  199.620(k)
 approval series.
199.510: EPIRB requirement.........  199.620(m)(1).........  199.620(m)(1).........  199.620(m)...........  Not Applicable.......  Not Applicable.
                                                                    * * * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Alternative applies if lifebuoy is orange.
\2\ Alternative applies only to cargo vessels that are less than 500 tons gross tonnage.
\3\ Alternative applies to cargo vessels that are less than 500 tons gross tonnage and to all passenger vessels.
\4\ Alternative applies to passenger vessels limited to operating no more than 50 nautical miles from shore.


[[Page 52821]]

* * * * *
    (e) Lifejacket light approval series. As an alternative to lights 
approved under approval series 161.112, vessels may use lights for 
lifejackets and immersions suits approved under series 161.012. 
However, lifejacket lights bearing Coast Guard approval number 161.012/
2/1 are not permitted on vessels certificated to operate on waters 
where water temperature may drop below 10 deg. C (50 deg. F).
* * * * *
    (o) Deckhands may be used to operate the survival craft and 
launching arrangements.
    (p) Training and drill subjects required under Sec. 199.180 may be 
omitted if the vessel is not fitted with the relevant equipment, 
installation or system.
    44. In Sec. 199.630 revise Table 199.630(a), paragraphs (c), 
(d)(2), (f), (f)(2)(iv), and (g) and add new paragraphs (l), and (m) to 
read as follows:


Sec. 199.630  Alternatives for passenger vessels in a specified 
service.

    (a) * * *

                                Table 199.630(a).--Alternative Requirements for Passenger Vessels in a Specified Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Service and reference to alternative requirement section or paragraph
                                    --------------------------------------------------------------------------------------------------------------------
 Section or paragraph in this part                                                                             Lakes, bays, and
                                             Oceans                 Coastwise             Great Lakes               sounds                 Rivers
--------------------------------------------------------------------------------------------------------------------------------------------------------
199.60(c): Distress signals........  No Alternative........  No Alternative........  199.630(b)...........  Not Applicable.......  Not Applicable.
199.100(c): Person in charge of      No Alternative........  199.630(l)............  199.630(l)...........  199.630(l)...........  199.630(l)
 survival craft.
199.100(d): Lifeboat second-in-      No Alternative........  No Alternative........  199.630(m)...........  199.630(m)...........  Not Applicable.
 command.
199.201(b): Number and type of       199.630(c)\1\.........  199.630(c) or           199.630(c) or          199.630(c) or          199.630(c) or
 survival craft carried.                                      199.630(d)\2\.          199.630(d)\2\ or       199.630(d) or          199.630(e) or
                                                                                      199.630(e) or          199.630(e) or          199.630(f) or
                                                                                      199.630(f)2 or         199.630(f)\2\ or       199.630(g) or
                                                                                      199.630(g)\2\ \3\ or   199.630(g)\2\ \3\ or   199.630(h)\4\.
                                                                                      199.630(h)\4\.         199.630(h)\4\.
199.202: Rescue boat approval        No Alternative........  No Alternative........  No Alternative.......  199.630(i)\5\........  199.630(i).
 series.
199.203: Marshaling of liferafts...  No Alternative........  199.630(j)............  Not Applicable.......  Not Applicable.......  Not Applicable.
199.211(a): Quantity of lifebuoys..  No Alternative........  199.630(k)............  199.630(k)...........  199.630(k)...........  199.630(k).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Alternative applies if the vessel operates on a route no more than 50 nautical miles from shore.
\2\ Alternative applies if the vessel is a ferry or has no overnight accommodations for passengers.
\3\ Alternative applies during periods of the year the vessel operates in warm water.
\4\ Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge
  the topmost deck.
\5\ Alternative applies if the vessel operates on sheltered lakes or harbors.

* * * * *
    (c) As an alternative to the lifeboat capacity requirements of 
Sec. 199.201(b)(1)(i), vessels may carry lifeboats with an aggregate 
capacity sufficient to accommodate not less than 30 percent of the 
total number of persons on board. These lifeboats must be equally 
distributed, as far as practicable, on each side of the vessel. 
Liferafts on these vessels may be either SOLAS A or SOLAS B liferafts.
    (d) * * *
    (2) Be stowed in accordance with the requirements of 
Secs. 199.130(a), 199.130(c), and 199.178; and
* * * * *
    (f) As an alternative to the survival craft requirements of 
Sec. 199.201(b), vessels may have a safety assessment approved by the 
local OCMI that addresses the following:
* * * * *
    (2) * * *
    (iv) Lists of external organizations that the vessel's operator 
would call for assistance in the event of an incident;
* * * * *
    (g) As an alternative to the survival craft requirements of 
Sec. 199.201(b), vessels may carry inflatable buoyant apparatus having 
an aggregate capacity sufficient to accommodate 67 percent of the total 
number of persons on board, minus the capacities of any lifeboats, 
rescue boats and liferafts carried on board. These inflatable buoyant 
apparatus must meet the arrangement requirements of Sec. 199.630 (d)(1) 
through (d)(3). The number of persons accommodated in an inflatable 
buoyant apparatus may not exceed 150% of its rated capacity.
* * * * *
    (l) A deck officer, able seaman, certificated person, or person 
practiced in the handling of liferafts or inflatable buoyant apparatus 
is not required to be placed in charge of each inflatable buoyant 
apparatus, provided that there are a sufficient number of such persons 
on board to launch the inflatable buoyant apparatus and supervise the 
embarkation of the passengers. The number of persons on board for the 
purpose of launching and operating inflatable buoyant apparatus may be 
reduced during any voyage where the vessel is carrying less than the 
number of passengers permitted on board, and the number of such persons 
is sufficient to launch and operate the number of survival craft 
required to accommodate everyone on board.
    (m) The person designated second-in-command of survival craft is 
not required to be a certificated person if the person is practiced in 
the handling and operation of survival craft.
    45. In Sec. 199.640, in paragraph (i)(2), in the last line of Table 
199.640(i), remove the number ``256'' and add, in its place, the number 
``656''; and revise paragraph (h)(2) to read as follows:


Sec. 199.640  Alternatives for cargo vessels in a specified service.

* * * * *
    (h) * * *
    (2) The rescue boat must meet the embarkation, launching, and 
recovery arrangement requirements in Sec. 199.160 (b). A manually-
powered winch may be used if personnel embark and disembark the rescue 
boat only when it is in the water. If the rescue boat is launched or 
recovered with personnel on board, the embarkation, launching, and 
recovery arrangements must also meet Secs. 199.160

[[Page 52822]]

(c) through (f). The OCMI may allow deviations from the rescue boat 
launching requirements based on the characteristics of the boat and the 
conditions of the vessel's route.

    Dated: September 23, 1998.
R.C. North,
Rear Admiral, U. S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 98-25929 Filed 9-30-98; 8:45 am]
BILLING CODE 4910-15