[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Proposed Rules]
[Pages 15709-15711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8024]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 175, 177, 179, 181, and 183

46 CFR Parts 10, 15, 24, 25, 26, 28, 70, 169, and 175

[USCG-1999-5040]
RIN 2115-AF69


Safety of Uninspected Passenger Vessels Under the Passenger 
Vessel Safety Act of 1993 (PVSA)

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard will propose regulations that implement safety 
measures for uninspected passenger vessels under the Passenger Vessel 
Safety Act of 1993 (PVSA). These regulations will implement the new 
class of uninspected passenger vessel of at least 100 gross tons, 
address the confusion regarding bareboat charters, provide for the 
issuance of special permits to certain uninspected passenger vessels, 
and develop specific manning, structural fire protection, operating, 
and equipment requirements for a limited fleet of PVSA exempted 
vessels. To obtain information needed to develop appropriate rules, the 
Coast Guard asks for comments from the public on the questions listed 
in this document.

DATES: Comments must reach the Docket Management Facility on or before 
June 30, 1999.

ADDRESSES: You may mail your comments to the Docket Management 
Facility, (USCG-1999-5040), U.S. Department of Transportation, room PL-
401, 400 Seventh Street SW., Washington DC 20590-0001, or deliver them 
to room PL-401 on the Plaza level of the Nassif Building at the same 
address between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.

[[Page 15710]]

    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and documents, as indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building at the 
same address between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also access this docket on the Internet at 
http://www.dms.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, contact 
Lieutenant Keith B. Janssen, Office of Operating and Environmental 
Standards, (G-MSO-2), U.S. Coast Guard, telephone 202-267-1055. For 
questions on viewing, or submitting material to, the docket, contact 
Dorothy Walker, Chief, Documentary Services Division, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting written data, views, or arguments. Persons submitting 
comments should include their names and addresses, identify this 
rulemaking (USCG-1999-5040) and the specific section of this document 
to which each comment applies, and give the reason for each comment. 
The Coast Guard will consider all comments received during the comment 
period. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing to the Docket Management Facility at the address 
under ADDRESSES. Persons wanting acknowledgment of receipt of comments 
should enclose stamped self-addressed postcards or envelopes.
    The Coast Guard plans no public hearing. You may request a public 
hearing by writing to the Docket Management Facility at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Passenger Vessel Safety Act of 1993 (PVSA) (Pub. L. 103-206) 
was signed on December 20, 1993. The PVSA makes several changes to the 
laws for uninspected passenger vessels. First, the PVSA requires 
vessels less than 100 gross tons to be inspected as a small passenger 
vessel if they are:
     Carrying more than 6 passengers, at least one of whom is a 
passenger for hire, whether chartered or not;
     Carrying more than 6 passengers when chartered with the 
crew provided or specified; or
     Carrying more than 12 passengers when chartered with no 
crew provided.
    Second, the PVSA establishes a new class of uninspected passenger 
vessel of at least 100 gross tons. This new class of uninspected 
passenger vessel is limited to:
     Carrying no more than 12 passengers, at least one of whom 
is a passenger for hire, whether chartered or not;
     Carrying no more than 12 passengers when chartered with 
the crew provided or specified; or
     Carrying no more than 12 passengers when chartered with no 
crew provided.
    Uninspected passenger vessels, greater than 100 gross tons, that 
carry more than 12 passengers for hire are to be inspected as a 
passenger vessel under 46 CFR Subchapter H.
    Third, the PVSA requires the Coast Guard to develop equipment, 
construction, and operating standards for uninspected passenger vessels 
greater than 100 gross tons.
    Fourth, the PVSA allows the Coast Guard to develop regulations for 
special permits that allow the operation of uninspected passenger 
vessels as authorized in section 511 of the PVSA. These special 
circumstances and conditions were described in Senate Report 103-198 
and include among other items that:
     Special permits for uninspected passenger vessels will 
only be issued for charitable purposes;
     That a certain vessel may only be granted a special permit 
a maximum of four times per year; and
     That an application for a special permit must be made to 
and approved by the cognizant Officer in Charge of Marine Inspection 
prior to the voyage.
    Fifth, and finally, the PVSA eliminates confusion regarding the use 
of bareboat charter agreements for the carriage of passengers for hire. 
The previous statutory definition of 'passenger' did not limit a vessel 
from having an unlimited number of charterers (owners). Therefore, 
vessels that were not certificated by the Coast Guard were able to 
carry large numbers of people. The PVSA's narrow definition of 
`passenger' subjected some formerly chartered vessels to Coast Guard 
inspection for certification for the first time. The PVSA allowed these 
vessels to apply for inspection with a phase-in period for compliance. 
The period for application expired June 21, 1994, and the period for 
compliance expired on December 21, 1996. With widespread public 
notification, several hundred charter vessels applied for and met the 
conditions for certification with the requirements of the PVSA and 
policy guidance of Navigation and Inspection Circular (NVIC) 7-94. This 
NVIC is available on the Internet at www.uscg.mil/hq/g-m/nvic/
index90.htm. Additionally, the PVSA authorizes the Coast Guard to 
develop specific operating and equipment requirements for 16 charter 
vessels greater than 100 gross tons that met exemption criteria 
contained in the PVSA and NVIC 7-94.
    The Coast Guard plans to develop regulations that will implement 
the new class of uninspected passenger vessel of at least 100 gross 
tons, address the confusion regarding bareboat charters, provide for 
the issuance of special permits to certain uninspected passenger 
vessels, and develop specific operating and equipment requirements for 
a limited fleet of PVSA exempted vessels.

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 
wants to assist small entities in understanding this notice so that 
they can better evaluate the effects of any future rule on them and 
participate in the rulemaking process. If your small business or 
organization is affected by the PVSA and you have questions concerning 
its provisions or options for compliance, please contact Lieutenant 
Keith B. Janssen, Office of Operating and Environmental Standards, (G-
MSO-2), U.S. Coast Guard, telephone 202-267-1055.

Questions

    The Coast Guard asks the public for input on the issues discussed 
in this document. To help develop a proposed rule, the Coast Guard 
requests comments on the following questions, although comments on 
other issues addressed in this document are also welcome. When 
responding to questions, please explain your reasons for each answer 
and follow the instructions located under REQUEST FOR COMMENTS.

Questions 1 through 16 refer to uninspected passenger vessels of at 
least 100 gross tons

    (1) The Coast Guard is seeking information regarding the size of 
the fleet of uninspected passenger vessels of

[[Page 15711]]

at least 100 gross tons. Therefore, the Coast Guard requests 
information regarding the total number of this type of vessel at port, 
regional, and national levels.
    (2) At which ports are these vessels located? Do these vessels 
operate out of some specific port all year? If not, from which 
additional port(s) do they operate? Please identify some specific 
port(s) rather than a region. That helps the Coast Guard identify any 
port(s) with a large population of this class of vessel. Please 
indicate what percentage of the year these vessels are in each 
location.
    (3) What type of safety equipment do these vessels ordinarily 
carry? What type of safety equipment, at a minimum, should the Coast 
Guard require these vessels to carry? Examples of safety equipment 
include, but are not limited to: Type I personal flotation devices; 
ring life buoys; life rafts; auxiliary vessels; emergency position 
indicating radio beacon (EPIRB); high water alarms; fire and smoke 
alarms/detectors; and other fire fighting equipment or systems. What 
standard(s) should the safety equipment meet? Examples of existing 
standards for safety equipment include, but are not limited to: 
American Yacht and Boat Council (AYBC); National Fire Protection 
Association (NFPA); or American Bureau of Shipping (ABS).
    (4) What generally accepted construction standard(s) should these 
vessels meet? Examples of generally accepted construction standards 
include, but are not limited to: AYBC, NFPA, or ABS. Do any 
applications or systems on these vessels currently meet generally 
accepted standards? Which generally accepted standards normally apply 
to which application or systems? Examples of applications and systems 
include, but are not limited to: lifesaving equipment, heating/cooling 
facilities, marine sanitation devices, structural fire-protection 
devices, and electrical wiring.
    (5) Do owners, operators, or charter brokers require a minimum 
level of licensing and experience for a vessel operator? If so, what 
are those requirements? What licensing requirements should the Coast 
Guard require for operators of uninspected passenger vessels of at 
least 100 gross tons?
    (6) How many businesses operate a full-time or part-time charter or 
passenger-for-hire service operation for this type of vessel? What 
portion of these businesses employ less than 500 people?
    (7) Are these vessels operated in passenger-for-hire service on a 
full-time or part-time basis? How often are these vessels used in 
personal or recreational service compared to the time these same 
vessels are used in passenger-for-hire service? Please indicate the 
time on an annual basis by days.
    (8) What are current, advertised daily or weekly charter rates for 
this class of vessel? What are current, advertised daily or weekly 
passenger-for-hire service rates for this class of vessel? How will the 
implementation of the PVSA impact charter or passenger-for-hire service 
rates?
    (9) How many days per year do these vessels currently operate in 
charter or passenger-for-hire service? How will the implementation of 
the PVSA impact the number of days per year that these vessels operate 
in charter or passenger-for-hire service?
    (10) On average, how many hours per day do these vessels spend 
underway with at least one passenger for hire aboard?
    (11) Are these vessels underway in the passenger-for-hire service 
more than 12 hours during a 24-hour period? If so, is this 
representative of normal operations or the occasional voyage? If 
possible, please identify the annual breakdown of passenger-for-hire 
service voyages less than and more than 12 hours duration in a 24-hour 
period. Please indicate this information by percentage.
    (12) On which route(s) do these vessels operate routinely? On which 
route(s) do these vessels operate occasionally? Do traditional routes 
exist? If so, where?
    (13) Are the majority of voyage itineraries for these vessels 
individually (custom) planned or are they regularly scheduled?
    (14) What is the percentage breakdown between domestic and 
international voyages? Please indicate percentages on an annual basis.
    (15) What are the major areas of concern regarding the impact that 
the implementation of the PVSA might have on the vessel fleet? Are 
there any generally recognized problems within the vessel fleet that 
should be addressed by regulation?
    (16) What are other general areas of concern regarding possible 
regulatory action to implement the PVSA?

Question 17 refers to any uninspected passenger vessel

    The PVSA allows the Coast Guard to develop regulations for special 
permits that allow the operation of uninspected passenger vessels as 
authorized in section 511 of the PVSA. These special circumstances and 
conditions were described in Senate Report 103-198 and include among 
other items that:
     Special permits for uninspected passenger vessels will 
only be issued for charitable purposes;
     That a certain vessel may only be granted a special permit 
a maximum of four times per year; and
     That an application for a special permit must be made to 
and approved by the cognizant Officer in Charge of Marine Inspection 
prior to the voyage.
    (17) Based on this criteria, should the Coast Guard develop 
regulations to allow a special permit for uninspected passenger 
vessels? Please identify the reason(s) for your answer(s).

    Dated: March 26, 1999.
R.C. North,
Assistant Commandant for Marine Safety and Environmental Protection.
[FR Doc. 99-8024 Filed 3-31-99; 8:45 am]
BILLING CODE 4910-15-P