[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Proposed Rules]
[Pages 56287-56293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27283]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 181 and 183

[USCG-1998-4734]


Manufacturer Exemptions From Recreational Boat Standards

AGENCY: Coast Guard, DOT.

ACTION: Notice of petition and request for comments.

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SUMMARY: The Coast Guard seeks public comment to better respond to a 
petition for rulemaking submitted by the Personal Watercraft Industry 
Association (PWIA). The petition requests that the Coast Guard 
authorize a new method of complying with recreational boating safety 
laws as they relate to personal watercraft (PWC). Currently, PWC 
manufacturers must petition for an exemption from manufacturing 
regulations. The PWIA petition suggests that the Coast Guard replace 
the exemption process with a requirement for manufacturers to comply 
with certain industry standards. This notice fully describes 
manufacturing regulations for recreational boats, the exemption 
process, and related issues to assist interested persons with providing 
helpful comments as to whether the Coast Guard should initiate a 
regulatory project.

DATES: Comments and related material must reach the Docket Management 
Facility on or before January 19, 2000.

ADDRESSES: You may submit your comments and related material by only 
one of the following methods:

[[Page 56288]]

    1. By mail to the Docket Management Facility (USCG-1998-4734), U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    2. By hand delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    3. By fax to Docket Management Facility at 202-493-2251.
    4. Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
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 find this docket on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, call 
Alston Colihan, Office of Boating Safety, Recreational Boating Product 
Assurance Division, U.S. Coast Guard, telephone 202-267-0981. For 
questions on viewing or submitting material to the docket, call Dorothy 
Walker, Chief, Dockets, Department of Transportation, telephone 202-
366-9329.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Boat Safety Act of 1971 (46 U.S.C. 4302) gave the Coast 
Guard the statutory authority to issue regulations establishing minimum 
safety standards for the manufacture of recreational boats and 
associated equipment. The Coast Guard subsequently issued the 
regulations that appear in 33 CFR Parts 181 (certification regulations) 
and 183 (manufacturing regulations). Those regulations establish 
standards for the manufacture of conventional types of recreational 
boats--ones that contain a typical hull, transom, and passenger load 
carrying area. Under the Federal Boat Safety Act of 1971, the Coast 
Guard may issue exemptions from the regulations after determining that 
doing so will not adversely affect boating safety. Since 1972, the 
Coast Guard has granted exemptions from the regulations with respect to 
certain non-conventional boats including personal watercraft (PWC), 
airboats, hovercraft, submarines, drift boats, race boats, and mini 
bass boats. To assist persons who wish to respond to this request for 
comments, this notice explains the definition of PWC and describes, in 
detail, certification and manufacturing regulations as they relate to 
personal watercraft. In their petition, PWIA suggests that the Coast 
Guard eliminate the exemption process with respect to PWC by requiring 
manufacturers of PWC to comply with certain industry standards.

The Definition of Personal Watercraft (PWC)

    The PWC industry coined the term ``Personal Watercraft.'' 
International Standards Organization (ISO) 13590 defines personal 
watercraft as ``* * * an inboard vessel less than 4 meters (13 feet) in 
length which uses an internal combustion engine powering a water jet 
pump as its primary source of propulsion, and is designed with no open 
load carrying area which would retain water. The vessel is designed to 
be operated by a person or persons positioned on, rather than within 
the confines of the hull.''
    The Coast Guard has not formally adopted this definition for PWC 
for two reasons. First, there exist other types of boats that might fit 
into the above definition except they are outboard powered. Second, PWC 
designs are changing such that they are able to carry multiple 
passengers and additional gear.

Manufacturing Regulations for Recreational Boats and Typical 
Exemptions

    The following table (Table 1) shows manufacturing regulations and 
the vessels to which they apply:

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    The manufacturing regulations, in 33 CFR Part 183, intend to: (1) 
Reduce capsizings, swampings, and sinkings involving monohull boats 
less than 20 feet in length; (2) reduce the incidence of fires and 
explosions involving boats equipped with permanently installed gasoline 
engines; and (3) reduce falls overboard from outboard powered boats. 
The certification regulations, in 33 CFR Part 181, require 
manufacturers to affix a label with specific information certifying 
compliance with the manufacturing regulations. Manufacturers that 
obtain an exemption from compliance with the manufacturing regulations 
also obtain an exemption from compliance with the certification 
regulations.
    The following table (Table 2) provides examples of some types of 
boats for which the Coast Guard has granted exemptions from compliance 
with certification and manufacturing regulations:

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    The Display of Capacity Information, Safe Loading, Safe Powering 
and Flotation Standards apply to manufacturers of monohull boats less 
than 20 feet in length, except sailboats, canoes, kayaks and 
inflatables.

Display of Capacity Information

    The display of capacity information regulations require 
manufacturers to display the maximum persons capacity and the maximum 
weight capacity determined in accordance with the Safe Loading 
regulations on a U.S. Coast Guard Maximum Capacities Label affixed to 
the boat. The standard also requires display of the maximum horsepower 
capacity determined in accordance with the Safe Powering regulations on 
outboard powered boats.

Safe Loading

    The safe loading regulations are divided into three parts depending 
upon whether a boat is: (1) Manually propelled or rated for an outboard 
motor of two horsepower or less; (2) rated for an outboard motor of 
more than two horsepower; or (3) equipped with an inboard or sterndrive 
engine. The maximum weight capacity of a boat (persons, motor and gear 
for outboards and persons and gear for inboards) is dependent upon its 
maximum displacement, or, the weight of the volume of water it 
displaces at maximum level immersion. The maximum persons capacity of a 
boat (expressed both pounds and in a number of persons) is dependent 
upon the amount of weight which can be added along the outboard 
extremity of the passenger carrying area, at the height of the seat 
nearest the center of that area, until the boat assumes maximum list 
without water coming into the boat.
    Some boats such as PWC and submarines do not have open hulls into 
which water will flow. As a result, it is physically impossible to test 
them for compliance with the standard set forth by the regulation. 
Therefore, the manufacturers of these types of recreational vessels 
petition for an exemption to the safe loading requirements. Other boats 
such as airboats, with their high center of gravity, and mini bass 
boats, with virtually no open load carrying area into which water will 
flow, rate unusually low maximum weight and maximum persons capacities 
as compared to similar size conventional boats. Therefore, the 
manufacturers of these boats submit petitions for exemptions to the 
safe loading regulations as well. Because a safe loading determination 
is necessary to comply with the display of capacity regulations, 
manufacturers who petition for a safe loading exemption also petition 
for exemption from display of capacity information regulations.

Safe Powering

    The safe powering regulations require manufacturers of most 
monohull outboard powered boats less than 20 feet to determine a 
maximum horsepower capacity by performing certain calculations and 
using a table appearing in the regulations. A separate and optional 
performance test is permitted for manufacturers of smaller runabouts 
that meet certain specifications. Some outboard powered PWC-type 
vessels have remote wheel steering, but they lack a transom making it 
impossible to use either the calculation method or the performance test 
method for computing horsepower. Therefore, manufacturers of outboard-
powered PWC must petition for an exemption to the safe powering 
regulations

Flotation

    The flotation regulations intend to ensure that manufacturers equip 
recreational boats with sufficient flotation material to induce people 
to remain with the boat when the boat becomes swamped with water. With 
sufficient flotation material, the boat will serve as a safety platform 
where people can remain until located and rescued. Flotation 
regulations require manufacturers to equip boats with enough flotation 
material to provide either basic flotation or level flotation depending 
upon the boat's propulsion system. A maximum persons capacity 
determination in accordance with the safe loading regulations is an 
essential part of the flotation formulas for both basic and level 
flotation. Because it is impossible to calculate a maximum persons 
capacity for PWC (see the above discussion in the Safe Loading 
section), PWC manufacturers are unable to calculate the amount of 
flotation material to show compliance with the flotation regulations. 
Therefore, PWC manufacturers must petition for an exemption from the 
flotation regulations.

Electrical and Fuel Systems

    The electrical-system regulations contain requirements for ignition 
protection of electrical components, installation of batteries, wiring, 
grounding and overcurrent protection. They are intended to reduce the 
incidence of ignition sources that could possibly lead to fires or 
explosions. The fuel-system regulations contain a variety of 
requirements for fuel tanks, fuel pumps, fuel hoses and carburetors; 
fittings, joints and connections; and system tests. They are intended 
to reduce the incidence of gasoline fuel-system leaks which could lead 
to fires and explosions.
    The Coast Guard patterned the electrical and fuel system 
regulations after voluntary standards set forth by the National Fire 
Protection Association (NFPA), the American Boat and Yacht Council 
(ABYC), the Society of Automotive Engineers (SAE), Underwriters 
Laboratories (UL), and Coast Guard sponsored research. Those voluntary 
standards and the Coast Guard research consider only conventional 
inboard and sterndrive boats that are typically longer than 16 feet and 
have conventional hull construction, where the operator and passengers 
ride within the confines of the hull adjacent to, or directly above, 
the engine spaces. The internal volume of the engine rooms of the 
inboard boats on which the electrical and fuel system regulations are 
based exceeds 10 cubic feet. PWC do not typically have those 
attributes. The Coast Guard has granted most PWC manufacturers 
exemptions from the electrical and fuel systems regulations because 
they meet the intent of the regulations by featuring the following 
attributes: sealed electrical systems, fuel systems that continue to 
operate without leakage when oriented in any position, fuel pumps and 
carburetors that contain only minimal amounts of fuel and relatively 
small net-engine compartment volumes.

Ventilation

    The ventilation regulations apply to all boats with gasoline 
engines, including most outboard powered boats. The regulations 
covering powered ventilation systems, when promulgated, however, did 
not consider vessels that had a tendency to capsize and would ingest 
water into blower intakes. Nor did the regulations specify blower 
capacities appropriate for the minimal net compartment volumes of most 
PWC. Therefore, the Coast Guard has granted exemptions from the powered 
ventilation regulations to manufacturers of inboard PWC.

Start-in-Gear Protection

    The start-in-gear protection regulations apply to outboard motors 
capable of producing more than 115 pounds of static thrust, and to 
controls associated with the use of such motors. The regulations are 
intended to prevent motors from being started in gear, thereby reducing 
the incidence of falls overboard. Several manufacturers of outboard 
motors for racing purposes

[[Page 56293]]

have received exemptions from the start-in-gear protection requirement.

The Exemption Process

    A boat manufacturer petitions for an exemption from regulations by 
sending the Coast Guard's Recreational Boating Product Assurance 
Division a letter describing the boat for which the exemption is 
sought, the reasons why the application of a regulation is impractical 
or unreasonable, and providing data or arguments that demonstrate why 
boating safety will not be adversely affected. Each petition for an 
exemption is considered on its own merits. To obtain an exemption, the 
manufacturer must show that the boat for which the exemption is sought 
achieves an acceptable level of safety in keeping with the intent of 
Federal boating safety laws.
    The grant of exemption contains language that requires the 
manufacturer to display a label different than the typical 
certification label to alert the owner or operator that the boat does 
not comply with the Coast Guard standards published in the Code of 
Federal Regulations. An exemption lasts for a period of three years 
after which the manufacturer must petition the Coast Guard for an 
extension. If the manufacturer changes the design or construction of a 
boat subject to the provisions of an exemption, or if the manufacturer 
begins producing additional model boats, the manufacturer must petition 
the Coast Guard for an amendment to the provisions of the grant of 
exemption.

Petition for Rulemaking

    On September 20, 1998, Mr. Fernando Garcia, Chairman, National 
Marine Manufacturers Association (NMMA) PWC Certification Committee, 
sent a petition for rulemaking to the Commandant of the Coast Guard on 
behalf of the NMMA and the Personal Watercraft Industry Association 
(PWIA). The petition encourages the Coast Guard to allow manufacturers 
to comply with certain industry standards for PWC instead of requiring 
them to undergo the exemption process for every new model. 
Specifically, the petition recommends the Coast Guard adopt the ISO 
13590 manufacturing standards as an alternative to the exemption 
process. The petition is available for inspection in the public docket 
for this rulemaking. You can access the petition for rulemaking in the 
public docket. To access the public docket, see the ADDRESSES section 
of this publication.

NTSB Report

    On May 19, 1998, the National Transportation Safety Board (NTSB) 
issued a report that recommended the Coast Guard eliminate the existing 
process of exempting personal watercraft from the regulations in 33 CFR 
Parts 181 and 183 and develop safety standards specific to personal 
watercraft. You can access the excerpt from the NTSB report in the 
public docket. To access the public docket, see the ADDRESSES section 
of this publication. You can purchase your own copy of the entire NTSB 
report by ordering report number PB98-917002 from: National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA, 22161, 
(703) 605-6000.

Public Meeting

    The Coast Guard does not now plan to hold a public meeting in 
response to this petition. But you may request one by submitting a 
request to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If the Coast Guard 
determines that one would aid the consideration of this petition, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Request for Comments

    The Coast Guard encourages you to submit comments and related 
material answering the questions below. We also welcome any other 
comments in connection with this notice. Please include with your 
submission your name and address, identify the docket number for this 
rulemaking (USCG-1998-4734), indicate the specific question of this 
document to which each comment applies, and give the reason for each 
comment. You may submit your comments and material by mail, hand 
delivery, fax, or electronic means to the Docket Management Facility at 
the address under ADDRESSES; but please submit your comments and 
material by only one means. If you submit them by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period. 
Your comments will help us to determine whether to initiate a 
rulemaking in accordance with the petitioner's request.

Questions

    1. Should the Coast Guard formally recognize a definition of PWC? 
If no, why not? If yes, what definition of PWC should the Coast Guard 
adopt? What types of vessels should the definition of PWC include or 
exclude? Should the definition of PWC include vessels equipped to carry 
multiple persons and large volumes of cargo? How many people and how 
large should a PWC be allowed to get before it would fall outside of 
the definition? Vessels called PWC also have been referred to as thrill 
craft, sport boats, jet skis, water scooters, etc. What should this 
type of vessel be called? Why?
    2. Should the Coast Guard continue to require PWC manufacturers to 
petition the Coast Guard for exemptions to the manufacturing 
regulations for recreational boats? Why or why not?
    3. Should the Coast Guard develop a method other than the exemption 
process to require PWC manufacturers comply with Federal recreational 
boating safety laws? If no, why not? If yes, what alternate method 
should the Coast Guard develop? Examples of alternate regulatory 
methods to the exemption process include (1) requiring that PWC 
manufacturers meet prescribed industry design standards such as ISO 
13590 standards, SAE standards, or some other industry standard or (2) 
developing manufacturing regulations that address accidents associated 
with the specific design of PWC.
    4. The Coast Guard also grants exemptions for other categories of 
non-conventionally designed recreational boats. Some include airboats, 
hovercraft, submarines, drift boats, race boats, and mini bass boats. 
Should the Coast Guard develop a method other than the exemption 
process to require manufacturers of those non-conventionally designed 
boats to comply with Federal recreational boating safety laws? Why or 
why not?

    Dated: October 6, 1999.
Terry M. Cross,
Rear Admiral, U.S. Coast Guard, Acting Assistant Commandant for 
Operations.
[FR Doc. 99-27283 Filed 10-18-99; 8:45 am]
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