[Federal Register Volume 65, Number 42 (Thursday, March 2, 2000)]
[Proposed Rules]
[Pages 11410-11454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4777]



[[Page 11409]]

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

Part IV





Department of Transportation





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



Coast Guard



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



33 CFR Part 175 et al.

46 CFR Part 2 et al.



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

  Federal Register/Vol. 65, No. 42/Thursday, March 2, 2000/Proposed 
Rules  

[[Page 11410]]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

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

46 CFR Parts 2, 10, 15, 24, 25, 26, 28, 30, 70, 90, 114, 169, 175, 
188, and 199

[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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes regulations that implement safety 
measures for uninspected passenger vessels under the Passenger Vessel 
Safety Act of 1993 (PVSA). This Act authorizes the Coast Guard to amend 
operating and equipment guidelines for uninspected passenger vessels 
over 100 gross tons, carrying 12 or less passengers for hire. These 
regulations will implement this new class of uninspected passenger 
vessel, provide for the issuance of special permits to uninspected 
vessels, and develop specific manning, structural fire protection, 
operating, and equipment requirements for a limited fleet of PVSA 
exempted vessels.

DATES: Comments and related material pertaining to 46 CFR 26.03-8 of 
this rulemaking must reach the Docket Management Facility on or before 
April 3, 2000. Comments and materials pertaining to the remaining 
portion of this rulemaking must reach the Docket Management Facility on 
or before May 31, 2000. Comments sent to the Office of Management and 
Budget (OMB) on collection of information must reach OMB on or before 
May 1, 2000.

ADDRESSES: To make sure your comments and related material are not 
entered in the docket more than once, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-1999-5040), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By 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 the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned 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, 400 
Seventh Street SW., Washington, DC, 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 proposed rule, 
call Lieutenant Commander Michael A. Jendrossek, Office of Operating 
and Environmental Standards (G-MSO-2), Coast Guard, telephone 202-267-
0836. For questions on viewing or submitting material to the docket, 
call Dorothy Walker, Chief, Dockets, Department of Transportation, 
telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:   

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-1999-
5040), indicate the specific section 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. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    Bareboat charter agreements have traditionally been used in the 
marine industry as a mechanism to allow long-term charterers the 
ability to assume operational control of a vessel. Under these charter 
agreements, the charterer assumes the rights and liabilities of 
ownership of the vessel. The charterer is usually responsible for 
conducting a pre-and post-charter survey of the vessel, hiring and 
firing the crew, and establishing the operational schedule of the 
vessel. Before 1993, the regulatory definitions of ``passenger,'' 
``guest,'' and ``consideration'' inadvertently allowed individuals to 
create short-term vessel charter agreements in order to carry a large 
number of passengers. Any number of individuals could co-own a boat, 
like any other personal property. Also, they could carry guests onboard 
when a vessel was operated for pleasure. These conditions created an 
environment where a large number of people could be carried aboard an 
uninspected vessel under the auspice of ownership or recreation.
    The Passenger Vessel Safety Act of 1993 (PVSA) (Pub. L 103-206) 
resolved this situation by clearly defining the following terms: 
``consideration,'' ``passenger,'' ``passenger vessel,'' ``small 
passenger vessel,'' ``uninspected passenger vessel,'' ``passenger-for-
hire,'' plus three other terms that are not part of this rulemaking. 
This would subject some formerly chartered vessels to Coast Guard 
inspection.
    The PVSA also made several changes to the laws for vessels that 
carry passengers. First, the PVSA required a vessel of less than 100 
gross tons to be inspected as a small passenger vessel if it is--
     Carrying more than six passengers, including at least one 
passenger-for-hire;
     Chartered with crew provided or specified by the owner or 
owner's representative and carrying more than six passengers;
     Chartered with no crew provided or specified by the owner 
or the owner's representative and carrying more than 12 passengers; or
     A submersible vessel carrying at least one passenger-for-
hire.

[[Page 11411]]

    Second, the PVSA provided exemption for certain vessels that were 
unable to meet inspection criteria. Sixteen vessels applied to the 
Coast Guard for and four were granted exemptions. The PVSA authorized 
the Coast Guard to develop specific operating and equipment 
requirements for these vessels.
    Third, the PVSA broadened the definition of uninspected passenger 
vessel to include vessels of at least 100 gross tons carrying not more 
than 12 passengers, including at least one passenger-for-hire; or that 
are chartered with crew provided or specified by the owners or the 
owners' representatives and carrying not more than 12 passengers. These 
vessels are commonly referred to as 12-pack vessels.
    Vessels of at least 100 gross tons that carry more than 12 
passengers, at least one of which is for hire, must be inspected as 
passenger vessels under Title 46, Code of Federal Regulations (CFR) 
subchapter H.
    Fourth, the PVSA directed the Coast Guard to develop regulations 
necessary to implement equipment, construction, and operating 
requirements for uninspected passenger vessels operating as 12-pack 
vessels.
    Fifth, the PVSA authorized the Coast Guard to develop regulations 
to issue special permits to uninspected vessels, thus broadening 
authority from the now standard excursion permit for inspected vessels 
to include special permits for uninspected vessels. Special permits may 
be issued to an uninspected passenger vessel for charitable purposes up 
to a maximum of four times in a 12-month period. Special permits may 
also be issued to the owner or operator of a vessel that is a 
registered participant in an event that the Commandant, U.S. Coast 
Guard declares as a Marine Event of National Significance.
    On September 30, 1994, the Coast Guard published Navigation and 
Vessel Inspection Circular (NVIC) No. 7-94 to provide compliance and 
enforcement guidance to Coast Guard members on implementing the 
provisions of the PVSA while detailed regulations were being developed. 
The NVIC addressed the statutory changes in detail, including one of 
the more significant changes requiring all chartered vessels carrying 
more than 12 passengers to be inspected by the Coast Guard. The PVSA 
allowed these vessels to apply for inspection with a phase-in period 
for compliance. The period for application expired on 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 the NVIC.
    The NVIC also provided extensive guidance to Coast Guard Marine 
Safety field units on implementing the provisions of the new law. For 
those interested in viewing a copy of NVIC 7-94, it is available in 
this rulemaking docket as indicated under ADDRESSES and also on the 
Internet at www.uscg.mil/hq/g-m/nvic/index90.htm.
    On April 1, 1999, the Coast Guard published an advance notice of 
proposed rulemaking (ANPRM) in the Federal Register (64 FR 15709), 
notifying the public of the intent of this rulemaking and requesting 
comments in several areas. A complete discussion of the comments 
follows.

Discussion of Comments

    The Coast Guard received nine letters on the ANPRM. One letter 
provided answers to the 17 questions in the ANPRM. Comments from the 
other eight letters are summarized below.
    One comment states that a second set of regulations should not be 
created for 12-pack vessels. We agree. The proposed requirements are an 
addition to existing regulations for uninspected passenger vessels, not 
a separate set.
    One comment contends that safety equipment requirements for 
uninspected passenger vessels that are less than 100 gross tons 
operating as 6-packs are entirely appropriate for 12-pack vessels. It 
further states that people use the lifesaving equipment, so the size of 
the vessel being abandoned is not relevant. We disagree. Currently, an 
uninspected passenger vessel operating as a 6-pack vessel is only 
required to provide a Type I Personal Flotation Device (PFD) for each 
passenger, one ring buoy (for a vessel 26 feet in length and longer), 
and comply with recreational boating safety standards. An uninspected 
passenger vessel operating as a 6-pack, which can travel up to 100 
miles offshore, is currently exempt from having to carry a 406 MHz 
Emergency Position Indicating Radio Beacon (EPIRB) or a survival craft 
(e.g., liferaft, life float, or buoyant apparatus). We determined that 
passenger safety is vastly improved by additional lifesaving equipment 
such as survival craft and EPIRBs.
    The sinking of the M/V COUGAR in the Pacific Ocean off the coast of 
Oregon in September 1988 is an example of the type of incident that an 
uninspected passenger vessel can encounter. The COUGAR was a Coast 
Guard inspected small passenger vessel limited to a voyage of not more 
than 20 miles from a harbor of safe refuge because the master elected 
to have onboard a VHF/FM radio instead of a Class A EPIRB. On the day 
of the sinking, the COUGAR was operating as an uninspected passenger 
vessel (a 6-pack vessel), so the master could take a fishing charter of 
six passengers 50 miles offshore. Survivor testimony indicates that the 
master had trouble with the vessel's bilge system throughout most of 
the trip, and at the conclusion of the day's fishing, the vessel began 
to handle sluggishly due to accelerated flooding.
    As the vessel began to sink, the master attempted to radio for 
help. Shore-based, search-and-rescue personnel did not receive the 
call, and there were no reports of radio contact from any of the 
vessels in the vicinity. The call for help was not answered. As water 
began washing over the decks at approximately 5:00 p.m., the passengers 
and crew abandoned the COUGAR. The only survival craft on the vessel 
was one buoyant apparatus, which helped people to stay together and 
afloat while they waited for rescue; however, it provided them no 
protection from exposure to the cold water.
    The COUGAR was reported overdue to the Coast Guard at 9:30 p.m. 
that evening, after which the search began. There was limited 
information about where the COUGAR was going to fish that day, so a 
large search area was required. The search continued all night until a 
Coast Guard helicopter located the five survivors at 10:48 a.m. the 
next morning. Four persons, including the master and deckhand, died 
from hypothermia-related drownings while waiting for rescue.
    We reviewed several incidents like this one to determine 
appropriate requirements for safety equipment on 12-pack vessels. We 
determined that a liferaft would more than likely have prevented the 
deaths attributed to exposure to the cold water. An EPIRB would have 
given the Coast Guard an immediate indication of distress and a signal 
to ``home in'' on when determining the vessel's location. This would 
have significantly reduced the hours between the occurrence of the 
incident and the start of the search-and-rescue operations. Therefore, 
we propose that 12-pack vessels have survival craft and a 406 MHz EPIRB 
onboard.
    One comment states that the industry could not supply information 
and responses specific to the questions in the ANPRM since prior to the 
PVSA, the 12-pack classification did not exist for the industry to 
assess, and since PVSA, the underlying merchant mariner laws requiring 
crew rotation every 12 hours,

[[Page 11412]]

has made it difficult for vessels to operate as 12-packs under the U.S. 
flag. The comment further contends that most vessels operating as 12-
packs are doing so in foreign waters, under a foreign flag. In the 
commentator's opinion, there are no U.S.-flag vessels operating as 12-
packs on a commercially crewed basis. We disagree. Participation in the 
12-pack class is available to U.S.-flag vessels under NVIC 7-94. We 
determined that there are approximately 100 vessels operating in 
compliance with the NVIC. It is unlikely that a vessel owner or 
operator would opt to engage in an activity that holds no economic 
benefit.
    One comment indicates that construction and structural standards 
for uninspected vessels, regardless of size, have been in place and 
have been used successfully by industry. The comment discourages 
imposing construction or structural requirements by regulation for 12-
pack vessels and encourages adoption of some industry standard, at the 
discretion of the builder. At the present time, we do not propose 
construction standards or structural requirements for uninspected 
passenger vessels operating as 12-packs.
    Two comments request that the Coast Guard provide the 12-pack fleet 
with relief from crew-rotation requirements currently required by 46 
CFR 15.705, which requires vessels greater than 100 gross tons to have 
a three-watch system when at sea. We concur with these comments in part 
and have developed regulations to provide 12-pack vessels relief from 
security watches while a vessel is adequately moored, anchored, or 
otherwise secured in a harbor of safe refuge. An additional requirement 
is that a 12-pack vessel operating under these conditions may not 
exceed 12-hours underway time in any 24-hour period.
    Two comments request that this new class of passenger vessel be 
exempted from load line requirements. We disagree. The purpose of a 
load line assignment is more than just establishing a ``waterline'' 
mark on the hull. Although this mark does impose a minimum freeboard 
that, in turn, establishes reserve buoyancy for the vessel, load line 
assignment also requires periodic surveys to verify the seaworthiness 
(e.g., weathertight and watertight integrity)of the vessel. Congress 
clearly understood this important purpose when it established the 
applicability provisions of the U.S. load line statutes codified in 46 
U.S.C. chapter 51.
    Commercial vessels more than 24 meters (79 feet) long that are 
engaged on international voyages must have an international load line 
assignment in accordance with the International Convention on Load 
lines, 1966 (as amended). In addition to its applicability to most 
commercial vessels, this also applies to yachts on charter and for 
vessels on voyages to trust territories (such as between the U.S. 
mainland and Puerto Rico, the U.S. Virgin Islands, Guam, etc.).
    U.S. passenger vessels that are more than 100 gross tons, more than 
24 meters (79 feet) long, and that operate solely on domestic voyages 
that cross outside the Boundary Line, are subject to U.S. load line 
requirements in accordance with 46 U.S.C. chapter 51 and 46 CFR parts 
41 to 47 (subchapter E). In the legislative history to 46 U.S.C. 
chapter 51, Congress directly exempted ``small passenger vessels'' 
(less than 100 gross tons) from load lines with the reasoning that an 
equivalent level of safety could be established by regulations and 
Coast Guard inspection. All other vessels are subject to load line 
requirements. In the past, some large passenger vessels subject to 
subchapter H were able to evade load line requirements by an exception 
in their chartering arrangements. However, these vessels are now 
properly subject to the load line regulations.
    One comment indicates that some vessel owners object to the load 
line mark itself for aesthetic reasons. The marks must normally be 
black (on light-colored hulls) or white (on dark-colored hulls), which 
may visually mar the color scheme of an elegant yacht. While 
researching the nature of the aesthetic objection, a suggestion was 
made that a vessel could still obtain a proper load line assignment but 
not actually have to mark the hull. The Coast Guard does not concur 
with this suggestion. We consider the hull marking to be a clear visual 
indication to port authorities that the vessel is subject to load line 
regulations and should be treated as such. However, we are sympathetic 
to the aesthetic concerns of the 12-pack industry. We propose to accept 
alternate colors for the load line marks on 12-pack vessels, provided 
there is an adequate level of contrast to the hull.
    One comment suggests different options for the issuance of special 
permits. The question presented in the ANPRM was directed to see if 
persons were interested in participating in special permits, as 
prescribed by the PVSA. We agree with this comment and have developed a 
process where vessel operators may apply for special permits when 
operating their vessels under certain circumstances.
    One comment suggests that the licensing requirement for 12-pack 
operators permitted by the NVIC be continued. This required mariners to 
hold operator of uninspected passenger vessel (OUPV) licenses to 
operate vessels of not more than 200 gross tons. The comment further 
suggested, in great detail, that a new five-tier license structure be 
instituted since a ``one license fits all'' philosophy is doing 
disservice to the mariner who operates at the low end of the 
classification scale. The comment also claims licensed applicants are 
required to digest extraneous information in order to obtain their 
licenses. This suggested structure would extend from a low level of 
OUPV of less than 16 feet to a motorboat of not more than 300 gross 
tons, limited to near coastal, oceans, Great Lakes or inland, carrying 
a maximum of 12 passengers. This comment also indicates changes to 
Table 10.910-2, ``Subjects for deck licenses'' commensurate with the 
licenses suggested.
    The Coast Guard, where possible, is committed to implementing a 
simpler license structure. We contend that the bare minimum of solid 
professional knowledge required for the present OUPV license is worth 
achieving when six--now increased to 12--lives are in an operator's 
hands. We propose no change to the requirement for an OUPV license on a 
6-pack vessel. For 12-pack vessels, we propose that operators hold a 
master's license of the appropriate tonnage, route, and restrictions 
for the service in which they will engage. We propose no modifications 
to Table 10.910-1 in response to this comment.
    One comment calls for the issuance of an OUPV license to non-U.S. 
citizens regardless of the tonnage limitation. The Coast Guard 
disagrees with the suggestion of allowing unrestricted tonnage licenses 
for non-U.S. citizens. Title 46 CFR 10.466(f) allows issuance of an 
OUPV license, limited on its face to undocumented vessels, to a person 
who is not a citizen of the United States. Only vessels under five-net 
tons may be undocumented (this roughly equates to a boat of less than 
25 feet). Title 46 U.S.C. 12110(d) states that a documented vessel, 
other than a vessel with only a recreational endorsement, must be 
placed under the command of a citizen of the United States. When a 
vessel carries passengers-for-hire, it is no longer ``recreational'' 
but ``commercial.''
    One comment recommends changes to the licensing structure for 12-
pack vessels and reevaluation of the existing OUPV-license structure. 
Another suggests changes to the license examination subjects, license 
limitations, and vessels on which

[[Page 11413]]

service is allowed. These comments are outside the scope of this 
rulemaking. Therefore, we forwarded them to the appropriate office for 
consideration.
    One comment points out that the Social Security Administration now 
issues ``tax numbers'' to non-citizens instead of social security 
numbers and suggests that the Coast Guard accepts these numbers as 
equivalent to social security numbers. This comment is outside the 
scope of this rulemaking. Therefore, we forwarded the suggestion to the 
appropriate division at the Coast Guard's National Maritime Center.
    One comment advises the Coast Guard to revamp the uninspected 
vessel regulations for all affected gross tonnage vessels. This comment 
is outside the scope of this rulemaking. Therefore, we forwarded it to 
the appropriate office for consideration.
    Four comments involve issues about commercial fishing requirements 
versus 6-pack vessels. Concerns included the distance from shore that a 
6-pack is permitted to operate, the safety equipment on board, safety 
drills, and crewing. The general request was for the Coast Guard to 
implement more stringent safety requirements on the 6-pack fleet. These 
comments are outside the scope of this rulemaking. Therefore, we 
forwarded them to the appropriate office for consideration. Some of the 
descriptions supporting these four comments indicate that the writer(s) 
may have witnessed violations to regulations. The Coast Guard strongly 
advises anyone witnessing a violation to report it to the local Coast 
Guard unit or Marine Safety Office without delay. If an incident goes 
unreported, appropriate action cannot be taken.

Discussion of Proposed Rule

    We propose regulations that would change or add definitions, 
establish a new class of uninspected passenger vessel (12-pack vessel), 
expand the use of special permits, and establish operational and 
equipment requirements for PVSA-exempt vessels and 12-pack vessels.

(a) Definitions

    We propose incorporating applicable definitions from 46 U.S.C. 2101 
into 33 and 46 CFR. In addition, we propose adding certain definitions 
that will assist in clarification of different operating and equipment 
requirements that were not specified in the PVSA.
    The following definitions are organized alphabetically rather than 
by section:
    Boat. We would revise the definition of ``boat'' in 33 CFR 175.3, 
177.03, 179.03, 181.3, and 183.3. The proposed change would revise the 
definition to include all uninspected passenger vessels subject to the 
requirements of 46 CFR subchapter C. This revision includes the new 12-
pack class wherever the term ``boat'' is used.
    Consideration. We propose adding the term ``consideration'' to 46 
CFR 24.10 and 70.10 to mean an economic benefit, inducement, right, or 
profit given in exchange for passage on a vessel.
    Oceans. We propose adding the term ``oceans'' to 46 CFR 24.10 to 
mean the waters of any ocean or the Gulf of Mexico more than 20-
nautical miles offshore. This definition would clarify 12-pack 
requirements where the term ``ocean'' is used.
    Passenger. We propose revising the definition of ``passenger'' in 
33 CFR 175.3 and 46 CFR 24.10 and 167.107, and adding the definition to 
46 CFR 28.10. This will align the use of the term ``passenger'' as 
defined by the PVSA and eliminate any confusion by deleting all 
reference to the previously used term ``guest.''
    Passenger-for-hire. We propose adding the term ``passenger-for-
hire'' to 46 CFR 24.10 to mean a passenger who has provided 
consideration for passage on a vessel.
    Passenger Vessel. We propose revising the definition of the term 
``passenger vessel'' in 46 CFR 70.10 and adding it to 199.30. This 
revision would add to the list of affected vessels a submersible vessel 
that is carrying at least one passenger-for-hire.
    Recreational Vessel. We propose amending the term ``recreational 
vessel'' in 33 CFR 175.3 to exclude all vessels carrying passengers-
for-hire.
    Small Passenger Vessel. We propose adding the term ``small 
passenger vessel'' to 46 CFR 199.30. As used in part 199, a ``small 
passenger vessel'' would be a vessel that is less than 100 gross tons. 
Therefore, a 12-pack vessel would not be considered a ``small passenger 
vessel.''
    Submersible vessel. We propose adding the term ``submersible 
vessel'' to 46 CFR 70.10, 114.400, 175.400, and 199.30 to mean a vessel 
that operates below the surface of the water.
    Survival craft. We propose adding the term ``survival craft'' to 46 
CFR 24.10 to mean any lifeboat, rigid liferaft, inflatable liferaft, 
life float, inflatable buoyant apparatus, buoyant apparatus, or small 
boat.
    Underway. We propose adding the term ``underway'' to 46 CFR 
15.301(a) to mean a vessel that is not anchored, made fast to shore, or 
aground. See the discussion of the 12-pack requirements for further 
implications to vessel operations due to this definition.
    Uninspected passenger vessel. We propose adding the term 
``uninspected passenger vessel'' to 46 CFR 24.10 to incorporate both 6-
pack vessels and 12-pack vessels.

(b) 12-pack Requirements

    The PVSA made a number of changes to the existing laws that 
required the implementation of immediate guidance to Coast Guard 
members on enforcement. To remedy this need, the Coast Guard published 
NVIC 7-94. We propose regulations that closely conform to the 
provisions for 12-pack vessels found in NVIC 7-94. In addition, we 
propose requirements for the areas where guidance was deferred until 
the rulemaking process. The portions of the PVSA that deal with 
inspection requirements for vessels regulated by 46 CFR subchapter T 
were incorporated through a previous rulemaking (61 FR 863, January 10, 
1996).
    We propose revising the application tables in 46 CFR, 2.01-7(a), 
24.05-1(a), 30.01-5(d), 70.05-1(a), 90.05-1(a), and 188.05-1(a), that 
prescribe the appropriate operating subchapter under which a vessel is 
regulated. The tables were modified to incorporate the new class of 
uninspected passenger vessel (12-pack vessel), combine passenger vessel 
descriptions into one column, update the definition of the term 
``passenger,'' and other minor editorial changes that add clarity to 
the tables without changing the technical requirements.
    We propose revising 46 CFR 10.466 by requiring that the individual 
who operates a 12-pack vessel possesses a license appropriate for the 
tonnage, route, and restrictions for the service in which the vessel 
will engage. This requirement is different from the OUPV-license 
requirement under the NVIC. This upgrade to the license requirement 
will ensure that an operator of a 12-pack vessel possesses competency 
specific to the size of the vessel and the vessel's route. Since a 12-
pack vessel must be a vessel of 100 gross tons or more, this license 
upgrade is necessary to provide adequate safety.
    We are proposing to delete 46 CFR 26.03-5. Title 46 CFR Part 4 
adequately deals with accident and casualty reporting and penalties. A 
single source for information will eliminate the confusion that had 
previously existed between regulation cites. We are also proposing to 
delete all references to foreign vessels contained in 46 CFR 
169.103(a). This will bring the regulations into line with 46 USC 2101. 
Under 46 USC 2101 (30) and (36), foreign vessels are not included 
within

[[Page 11414]]

the statutory definition of ``sailing school vessel.''
    We propose regulations that establish minimal equipment and 
operating requirements for 12-pack vessels. Because of the distance 
from shore that a 12-pack vessel can travel, we would require that all 
12-pack vessels carry survival craft for all persons aboard the vessel, 
regardless of route, while the vessel is carrying at least one 
passenger-for-hire. We are also requesting additional comments on this 
requirement to ensure that the final regulation meets the needs of 
passenger safety while not being onerous to the industry.
    We propose that all 12-pack vessels have on board a Category I 406 
MHz Satellite EPIRB when operating three miles beyond the territorial 
sea baseline and beyond three miles from the coastline on the Great 
Lakes. The 406 MHz EPIRB is a distress-alerting device that provides 
information that there is a vessel emergency and the position of the 
vessel in distress. EPIRBs used in conjunction with survival craft 
greatly enhance the chances for survival if an emergency occurs.
    We propose to expand 46 CFR 15.705 to include 12-pack vessels. This 
section provides relief from multiple-watch systems required by 
Sec. 15.705 when a vessel is adequately moored, anchored, or otherwise 
secured in a harbor of safe refuge (reflected through the definition of 
the term ``underway''). The Coast Guard proposes adding language to 
Sec. 15.855, which requires cabin watchmen and fire patrolmen on 
vessels carrying passengers overnight. Uninspected passenger vessels of 
100 gross tons or more but less than 300 gross tons operating as 12-
packs may substitute the use of various alarms and detectors for 
security watches. Each alarm must have both an audible and visual 
indicator located at the normal operating station and, if the normal 
operating station is not continually manned when not underway, in an 
alternative location that provides the crew and passengers immediate 
warning. To comply with this section, the following conditions must be 
met:
    (1) Fire detectors must be located in each space containing 
machinery or fuel tanks in accordance with 46 CFR 181.400(c).
    (2) All grills, broilers, and deep-fat fryers must be fitted with a 
grease extraction hood in compliance with 46 CFR 181.425.
    (3) Heat and/or smoke detectors must be located in each galley, 
public accommodation space, enclosed passageway, berthing space, and 
all crew spaces.
    (4) High water alarms must be located in each space with a through 
hull fitting below the deepest load waterline, a machinery space bilge, 
bilge well, shaft alley bilge, or other space subject to flooding from 
sea water piping, or other space below the waterline with a non-
watertight closure.
    (5) The vessel must be navigating underway for no more than 12 
hours in any 24-hour period, and the master of the vessel must have 
chosen to operate with less than a three-watch system in accordance 
with 46 CFR 15.705.
    We do not propose construction standards for 12-pack vessels in 
this rulemaking. However, if we determine that construction standards 
for 12-pack vessels are necessary, we may incorporate them at a later 
date.

(c) Excursion Permits

    We may permit an inspected passenger vessel to engage in a 
temporary excursion operation with a greater number of passengers or an 
extended route, or both, beyond that permitted by the vessel's 
Certificate of Inspection when the operation can be done safely. An 
excursion permit issued for a vessel normally requires the vessel to 
meet criteria for the additional persons as well as augment its 
lifesaving capacity and manning for the duration of the excursion. 
Current requirements for obtaining an excursion permit for an inspected 
passenger vessel are located in 46 CFR 71.10, 115.205, and 176.204.
    The PVSA allows the Coast Guard to develop regulations for special 
permits for uninspected vessels in certain situations (as is currently 
done for inspected vessels) under the authority of 46 U.S.C. 2113. We 
propose implementing this allowance as stated in the PVSA. We propose 
the criteria for special permits for charitable purposes in 46 CFR 
26.03-6 and Marine Events of National Significance in 46 CFR 26.03-8.
    Title 46 CFR 26.03-6 would allow the owners or operators of 
uninspected passenger vessels to donate their vessels to charities for 
fundraising activities under the following conditions:
     The event must support a bona fide charity or non-profit 
organization qualified under section 501(c)(3) of the Internal Revenue 
Code of 1986.
     All donations received from the fundraising must go to the 
named charity.
     An owner or operator may not obtain more than four special 
permits for an individual vessel in each 12-month period.
    If the owner or operator exceeds the number of passengers the 
vessel is permitted to carry, or if the vessel's activity would 
otherwise require it to be inspected, the owner or operator may apply 
for a special permit. Application must be made to the local Officer in 
Charge, Marine Inspection (OCMI) before the intended voyage. The 
administrative and inspection criteria contained in 46 CFR 176.204 
would apply to the issuance of any special permit. The owner or 
operator must allow adequate time for processing and approval of the 
special permit, and the vessel must meet all applicable safety 
standards.
    If the OCMI is satisfied with the level of safety for the 
excursion, with the number of passengers, the route requested, and if 
the vessel meets any additional requirements, a special permit may be 
issued. The special permit will indicate the conditions under which it 
is issued, the number of persons the vessel may carry, the crew 
required, any additional lifesaving or safety equipment required, and 
the route for which the permit is granted. Each special permit is valid 
for one voyage of a donated vessel used for a charitable event.
    Title 46 CFR 26.03-8 would allow special permits to be issued to 
the owner, operator, or agent of any vessel operating as a registered 
participant in a Marine Event of National Significance. A Marine Event 
of National Significance is an event that has substantial political or 
public interest as well as economic impact within the United States. 
Examples of past Marine Events of National Significance are those that 
occurred in conjunction with the 1964 World's Fair, the Bicentennial 
Celebration in 1976, Liberty Weekend and the rededication of the Statue 
of Liberty in 1986, and the Christopher Columbus Quincentennial in 
1992.
    The Commandant, as operational commander of the U.S. Coast Guard, 
has the authority to designate marine events as nationally significant. 
Event sponsors must request this determination in writing from the 
Commandant (G-M)at least one year prior to the event.
    Factors to be considered in the Commandant's evaluation may 
include, but are not limited to, the following:
     The number of port visits scheduled for the event.
     Whether there is a high degree of public interest.
     Whether there is the expressed political interest of a 
governing body.
     Whether there is an expressed international interest.
     Whether the event will promote maritime education, 
cultural exchange or international goodwill through the gathering of 
participating vessels.

[[Page 11415]]

     Whether the event is structured in a manner that provides 
enhanced safety for the registered participants.
    If the evaluation results in a decision that a marine event is 
nationally significant, the owners, operators, or agents of a vessel 
registered as participants may apply for special permits to carry 
passengers for the duration of the event. The vessel's master, owner, 
or agent must apply to the Coast Guard Officer in Charge, Marine 
Inspection (OCMI), who has jurisdiction over the vessel's first port of 
call in the United States. The OCMI may issue a special permit if he or 
she determines that the vessel can safely participate in the event. The 
permit will state the conditions under which it is issued. These 
conditions may include--
     The number of passengers the vessel may carry;
     The lifesaving and safety equipment it must carry;
     The route for which the permit is granted;
     The dates for which the permit is valid; and
     Any other condition the OCMI deems necessary to ensure the 
safety of the vessel's passengers.
    We propose revising 46 CFR 2.01-45 ``Excursion Permit'' to include 
these new provisions for uninspected passenger vessels and Marine 
Events of National Significance as well as to include reference to 
subchapters K and T vessels, which may also engage in excursions.

(d) OpSail 2000

    On May 15, 2000 a Marine Event of National Significance, OpSail 
2000, is scheduled to begin. In order to align our regulations to meet 
the requirements of this event, the Coast Guard intends to issue a 
final regulation for 46 CFR 26.03-8 prior to May 15. To meet this 
schedule, a 30-day comment period is being provided in accordance with 
section 553 of the Administrative Procedure Act. The public is 
encouraged to submit timely comments on this section under the 
procedures described at the beginning of this notice and to be aware 
that the Coast Guard intends to have an appropriate regulation in place 
for OpSail 2000. A 90-day comment period is provided for all the 
remaining provisions of this NPRM.

(e) Exempt Vessels

    This part of the rulemaking contains proposed regulations for 
vessels that became subject to Coast Guard inspection for the first 
time as the result of the Passenger Vessel Safety Act of 1993. The PVSA 
contained an allowance for the exemption of certain passenger vessels 
that--
    (1) Are at least 100 gross tons but less than 300 gross tons; or
    (2) Are former public vessels of at least 100 gross tons but less 
than 500 gross tons; and
    (3) Applied for an exemption before June 21, 1994 and complied with 
all exemption requirements by December 21, 1996.
    This exemption was limited to existing vessels that were in charter 
operation before the enactment of the law. The majority of these 
vessels were constructed of materials, and are of such arrangement, 
that prohibit them from complying with passenger vessel regulations. 
Although the actual size and operation of these vessels are similar to 
small passenger vessels, and in most cases the inspection and manning 
regulations for small passenger vessels are more appropriate, these 
vessels have not taken advantage of tonnage reductions to bring their 
gross tonnages below 100.
    The PVSA contains exemption criteria that authorized the Coast 
Guard to develop specific operating and equipment requirements for 
vessels that met these criteria. We propose regulations for PVSA-exempt 
vessels in 46 CFR 70.05-18 and 175.118. Vessel owners and operators 
must ensure that their vessels meet the requirements of either 
subchapter T or K, except where the provisions of subchapter H apply. 
These vessels must also meet any requirements the OCMI may deem 
applicable to the vessel.
    These proposed regulations contain the stability requirements for 
the vessels. If a vessel does not meet these stability requirements, 
its operating route will be restricted, provided it has a history of 
safe operation on these waters. The OCMI may further restrict the 
vessel's route, if the vessel's service, condition, or other factors 
affect its seaworthiness and safety.
    The proposed requirements state the number of passengers the vessel 
may carry. In addition, the vessel must be crewed in accordance with 46 
CFR subchapter T. Vessel officers must be licensed for the appropriate 
vessel tonnage. Licensed engineers may be required if the vessel's 
tonnage is at least 200 gross tons. When carrying 50 or more 
passengers, additional documented merchant mariners would be required.
    We propose requiring the vessel's owner or master to comply with 
the lifesaving requirements contained in 46 CFR part 180, except that 
inflatable liferafts are required for primary lifesaving. A rescue boat 
or suitable rescue arrangement must be provided to the satisfaction of 
the OCMI.
    We propose requiring the vessel's owner or master to comply with 
the fire protection requirements of 46 CFR part 181, except where 
vessels must be fitted with portable extinguishers per the requirements 
of 46 CFR 76.50 and to the satisfaction of the OCMI. Vessels that fail 
to meet the fire protection and structural fire protection requirements 
of subchapter T or K must meet equivalent requirements to the 
satisfaction of the OCMI or the Coast Guard Marine Safety Center.
    We propose requirements for at least two means of escape from 
spaces accessible to passengers or used by the crew on a regular basis, 
as provided for in 46 CFR 177.500 and 78.47-40.
    Vessels meeting these requirements will receive a Certificate of 
Inspection that contains a PVSA exemption. The PVSA exemption is valid 
for the service life of the vessel, as long as the vessel remains 
certificated for passenger service. Currently there are four charter 
vessels greater than 100 gross tons that meet the exemption criteria 
and have the PVSA endorsement. If the Certificate of Inspection is 
surrendered or otherwise becomes invalid, the owner and operator must 
meet the appropriate inspection regulations to obtain a new Certificate 
of Inspection without the PVSA exemption.
    We propose adding Sec. 70.05-18 to subchapter H Passenger Vessels. 
This section will contain the applicability to vessels operating under 
an exemption afforded in the PVSA for passenger vessels over 100 gross 
tons.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under 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 draft Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT follows:
    The Coast Guard proposes regulations that implement safety measures 
for uninspected passenger vessels under the Passenger Vessel Safety Act 
of 1993 (PVSA). These regulations will address the confusion regarding 
bareboat charters, implement a new class of uninspected passenger 
vessels of at least 100 gross tons, provide for the issuance of special 
permits to certain

[[Page 11416]]

uninspected passenger vessels, develop alternative requirements for a 
limited fleet of PVSA-exempted vessels, and provide for the issuance of 
special permits for vessels registered as participants in Marine Events 
of National Significance.
    This rulemaking proposes that vessels of at least 100 gross tons 
that are currently operating as uninspected passenger vessels and 
carrying 12 or less passengers have (1) an Emergency Position 
Indicating Radio Beacon (EPIRB), (2) enough survival craft for all 
persons on board, and (3) an operator with the appropriate master-level 
license. These vessels will have to comply with these new requirements 
to continue operating. The Coast Guard estimates that vessels operating 
in this type of trade are already in compliance with the proposed 
survival craft and licensing requirements; however, they are not in 
compliance with the EPIRB requirement. The use of EPIRBs provides the 
Coast Guard quicker response time, quicker location of the casualty, 
and provides the Coast Guard more information prior to the rescue 
attempt. The 10-year, present value cost of complying with the EPIRB 
requirement is estimated to be $100,588.
    This rulemaking creates a class of vessel (e.g., 12 pack) not 
previously in existence. If no vessel owner decides to enter this new 
class of vessel, the cost of this component of the rulemaking would be 
$0, as it is not a requirement for any existing vessel to enter this 
class. However, the Coast Guard estimates the owners of 570 vessels 
will choose to enter this class of vessel. The 10-year, present value 
cost of this non-mandatory component is $12,642,812. The Coast Guard 
considers the cost to be non-mandatory because owners are not required 
to enter this new class of vessel. While we have estimated the 
projected fleet size for this class of vessel, it is difficult for us 
to estimate the dollar value of the benefit accruing to the vessel 
owner. However, the vessel owner will look at his or her individual 
situation and only enter this new class if he or she perceives an 
economic benefit from entering.
    Additionally, this rule affects uninspected vessels participating 
in Marine Events of National Significance. The Coast Guard will inspect 
the vessels not possessing the appropriate certification and issue 
special permits that allow these vessels to carry passengers during the 
event. Vessel owners will have an information request burden, as they 
must apply for permits. The 10-year, present value cost of this 
information collection request is $2,064. As participation in these 
events is not a requirement of the rulemaking, these costs are 
considered to be non-mandatory. There will be additional cost to the 
government due to inspections and travel. The 10-year present value of 
the additional cost to the government is estimated to be $75,111. The 
intent of this requirement is to provide a safer environment at Marine 
Events of National Significance. While there have been no notable past 
problems at such events, the Coast Guard is acting proactively to 
reduce the risk of marine casualties.
    In summary, this rulemaking creates a new class of vessel and 
allows vessels not possessing the appropriate certification to 
participate in a Marine Event of National Significance if they pass a 
Coast Guard inspection. These are not requirements, so the costs 
associated with these changes are not counted in the total cost of the 
rulemaking. This rulemaking also requires uninspected passenger vessels 
greater than 100 gross tons and carrying 12 or less passengers to have 
(1) an Emergency Position Indicating Radio Beacon (EPIRB), (2) enough 
survival craft for all persons on board, and (3) an operator with the 
appropriate master-level license. Thus, the total 10-year present value 
cost of the requirements contained in this proposed rulemaking equals 
$100,588.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The only type of small entity that will be affected by this 
rulemaking is small business. While the size standards for the relevant 
Standard Industrial Classification (SIC) codes\1\ considers enterprises 
with 500 or less employees to be small businesses, making practically 
all owners in the 12-pack industry small entities, the only mandatory 
cost in this rulemaking is the cost of an EPIRB. We do not expect that 
owners of vessels of this size and type, whose cost ranges from about 
$100 thousand to about $5 million, will consider an additional cost of 
$1,000 for an EPIRB to be significant. In addition, since the useful 
life of an EPIRB is indefinite, the annualized cost for this item over 
the 10-year period of analysis is $110\2\, which is even more likely to 
be insignificant. The Coast Guard is also allowing a 6-month phase-in 
period for vessels to comply with the requirement to carry an EPIRB on 
board.
---------------------------------------------------------------------------

    \1\The relevant industries are Deep Sea Transportation of 
Passengers (4481) and Water Transportation of Passengers, N.E.C. 
(4489).
    \2\Current, or 2000 dollars.
---------------------------------------------------------------------------

    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lieutenant Commander Michael A. 
Jendrossek, Office of Operating and Environmental Standards (G-MSO-2), 
telephone 202-267-1055.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman annually evaluates these actions and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, dial 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who

[[Page 11417]]

must collect the information, and an estimate of the total annual 
burden follows. The estimate covers the time for reviewing 
instructions, searching existing sources of data, gathering and 
maintaining the data needed, and completing and reviewing the 
collection.
    Title: Vessel Inspection Related Forms and Posting Requirements 
Under Title 46 U.S. Code
    Summary of The Collection of Information: This collection of 
information will be included under the current approved Office of 
Management and Budget (OMB) collection numbered 2115-0133 entitled 
Vessel Inspection Related Forms and Posting Requirements Under Title 46 
U.S. Code.
    Need for Information: The owners, operators, or agents of 
uninspected vessels participating in a Marine Event of National 
Significance must submit an application for excursion permits.
    Proposed Use of The Information: Applications will be used to 
initiate the inspection process to determine whether these vessels are 
properly equipped to be granted the excursion permit.
    Description of Respondents: The respondents are owners or operators 
of uninspected vessels participating in a Marine Event of National 
Significance.
    Number of Respondents: The Coast Guard estimates that owners of 
approximately 175 vessels will require and apply for permits at Marine 
Events of National Significance in 2000.
    Frequency of Response: The permits are only valid for the duration 
of the event. We estimate that the vessels that require these permits 
will only attend one Marine Event of National Significance in 2000. We 
further estimate that these events occur approximately once every 10 
years.
    Burden of Response: The time burden of this response request in 
2000 is 43 hours for industry and 1080 hours for the government. The 
total cost of these burdens is $2,064 for industry and $75,111 for the 
government.
    Estimate of Total Annual Burden: Since we estimate that Marine 
Events of National Significance will occur approximately every 10 
years, the total annual burden is the total burden reported above 
divided by 10. The annual time burden for industry is four hours and 
the annual time burden for government is 108 hours. The annual cost of 
these respective burdens is $206 for industry and $7,511 for the 
government.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this proposed rule to the Office 
of Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism Summary Impact Statement

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism.
    It is well settled that States are precluded from regulating in the 
categories of vessel design, construction, and equipment--categories 
that are reserved for regulation by the Coast Guard under 46 U.S.C. 
3306 and 3703(a). See Ray v. Atlantic Richfield Co., 435 U.S. 151 
(1978), which clearly evidences Congressional intent to preempt State 
law, because the exercise of State authority would conflict with the 
exercise of Federal authority under Federal statute. Also see 
International Association of Independent Tank Vessel Owners 
(Intertanko) v. Locke, 148 F.3d 1053 (9th Cir. 1998). Further, it is 
the position of the United States that all of the categories covered in 
46 U.S.C. 3306 and 3703(a), 7101, and 8101 (e.g., design, construction, 
alteration, repair, maintenance, operation, equipping, personnel 
qualification, and manning of vessels) are within the field foreclosed 
from State regulation. See the Brief for the United States at 26, 
United States v. Locke; Intertanko v. Locke (Nos. 98-1701 and 98-1706) 
(cert. granted 120 S. Ct. 133), available in LEXIS, Genfed Library, 
Briefs file. This rule falls into the above mentioned categories, 
thereby precluding state regulation. For this reason, consultation 
under section 6 of the Executive Order would not be meaningful and, 
therefore, is unnecessary.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this proposed rule would 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(c), (d), and (e) of 
Commandant Instruction M16475.lC, this rule is categorically excluded 
from further environmental documentation. This proposed rule will not 
result in any significant cumulative impact on the human environment; 
any substantial controversy or substantial change to existing 
environmental conditions; any impact, which is more than minimal, on 
properties protected under 4(f) of the DOT Act, as superseded by Public 
Law 97-449 and Section 106 of the National Historic Preservation Act; 
or any inconsistencies with any Federal, State, or local laws or 
administrative determinations relating to the environment. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

[[Page 11418]]

List of Subjects

33 CFR Part 175

    Marine safety.

33 CFR Part 177

    Marine safety.

33 CFR Part 179

    Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 181

    Labeling, Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 183

    Marine safety.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 10

    Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 24

    Marine safety.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 26

    Marine safety, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 28

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

46 CFR Part 30

    Cargo vessels, Foreign relations, Hazardous materials 
transportation, Penalties, Reporting and recordkeeping requirements, 
Seamen.

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 90

    Cargo vessels, Marine safety.

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 169

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Schools, Vessels.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 188

    Marine safety, Oceanographic research vessels.

46 CFR Part 199

    Lifesaving appliances and arrangements Marine safety, and Passenger 
vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 175, 177, 179, 181, and 183 as well as 46 CFR 
Parts 2, 10, 15, 24, 25, 26, 28, 30, 70, 90, 114, 169, 175, 188, and 
199 as follows:

33 CFR Chapter I

PART 175--EQUIPMENT REQUIREMENTS

    1. The authority citation for part 175 continues to read as 
follows:

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    2. In Sec. 175.3, revise the definition of the following terms, in 
alphabetical order, to read as follows:


Sec. 175.3  Definitions.

* * * * *
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operating as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
* * * * *
    Passenger means an individual carried on a vessel except--
    (1) The owner or an individual representative of the owner or, in 
the case of a vessel chartered without crew, an individual charterer, 
or an individual representative of the charterer;
    (2) The master or operator of a recreational vessel; or
    (3) A member of the crew engaged in the business of the vessel, who 
has not contributed consideration for carriage, and who is paid for 
onboard services.
* * * * *
    Recreational vessel means any vessel being manufactured or operated 
primarily for pleasure, or leased, rented, or chartered to another for 
the latter's pleasure. It does not include a vessel engaged in the 
carriage of passengers-for-hire as defined in 46 CFR chapter I, 
subchapter C or in other subchapters of this title.
* * * * *
    3. Revise Sec. 175.110(a) to read as follows:


Sec. 175.110  Visual distress signals required.

    (a) No person may use a boat 16 feet or more in length, or any boat 
operating as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C, unless visual distress 
signals selected from the list in Sec. 175.130 or the alternatives in 
Sec. 175.135, in the number required are on board. Devices suitable for 
day use and devices suitable for night use, or devices suitable for 
both day and night use, must be carried.
* * * * *

PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS

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

    Authority: 46 U.S.C. 4302, 4311; 49 CFR 1.45 and 1.46.

    5. Revise Sec. 177.03(b) to read as follows:


Sec. 177.03  Definitions.

* * * * *
    (b) Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR Chapter I, subchapter C.
* * * * *

PART 179--DEFECT NOTIFICATION

    6. The authority citation for part 179 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311; 
49 CFR 1.46.

    7. In Sec. 179.03, revise the definition of the term ``Boat'' to 
read as follows:


Sec. 179.03  Definitions.

* * * * *
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the

[[Page 11419]]

requirements of 46 CFR chapter I, subchapter C.
* * * * *

PART 181--MANUFACTURER REQUIREMENTS

    8. The authority citation for part 181 continues to read as 
follows:

    Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.

    9. In Sec. 181.3, revise the definition of the term ``Boat'' to 
read as follows:


Sec. 181.3  Definitions.

* * * * *
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
* * * * *

PART 183--BOATS AND ASSOCIATED EQUIPMENT

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

    Authority: 46 U.S.C. 4302; 49 CFR 1.46.

    11. In Sec. 183.3, revise the definition of the term ``Boat'' to 
read as follows:


Sec. 183.3  Definitions.

* * * * *
    Boat means any vessel--
    (1) Manufactured or used primarily for noncommercial use;
    (2) Leased, rented, or chartered to another for the latter's 
noncommercial use; or
    (3) Operated as an uninspected passenger vessel subject to the 
requirements of 46 CFR chapter I, subchapter C.
* * * * *
    46 CFR Chapter I

PART 2--VESSEL INSPECTIONS

    12. The authority citation for part 2 continues to read as follows:

    Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 3103, 3205, 
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 
CFR 1.46; subpart 2.45 also issued under the authority of Act Dec. 
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. 
Note prec.1).

    13. In Sec. 2.01-7, redesignate table 2.01-7(A) as table 2.01-7(A) 
and revise it to read as follows:


Sec. 2.01-7  Classes of vessels (including motorboats) examined or 
inspected and certificated.

    (a) * * *

BILLING CODE 4910-15-U

[[Page 11420]]

[GRAPHIC][TIFF OMITTED]TP02MR00.000


[[Page 11421]]


[GRAPHIC][TIFF OMITTED]TP02MR00.001


[[Page 11422]]


[GRAPHIC][TIFF OMITTED]TP02MR00.002


[[Page 11423]]


[GRAPHIC][TIFF OMITTED]TP02MR00.003

BILLING CODE 4910-15-C

[[Page 11424]]

    14. Revise Sec. 2.01-45 to read as follows:


Sec. 2.01-45  Excursion Permit.

    (a) Under 46 U.S.C. 2113, the Coast Guard may issue a permit to the 
owner, operator, or agent of a passenger vessel, allowing the vessel to 
engage in excursions that carry additional numbers of passengers, 
extend an existing route, or both. Details concerning the application 
process for excursion permits for inspected passenger vessels are 
contained in Secs. 71.10, 115.204, or 176.204 of this chapter. Details 
concerning the application process for special permits for uninspected 
passenger vessels are contained in Sec. 26.03-6 of this chapter.
    (b) For Marine Events of National Significance, as determined by 
the Commandant, U.S. Coast Guard, a vessel may be permitted to engage 
in these events while carrying passengers-for-hire for the duration of 
the event. Event sponsors must request this determination in writing 
from the Commandant (G-M) at least one year prior to the event. Details 
concerning the application process for special permits for Marine 
Events of National Significance are contained in Sec. 26.03-8 of this 
chapter.
    (c) The application for an excursion permit is made by the master, 
owner, or agent of the vessel to the Officer in Charge, Marine 
Inspection, on Coast Guard Form CG-950, Application for Excursion 
Permit. If, after inspection, permission is granted, it is given on 
Coast Guard form CG-949, Permission to Carry Excursion Party. The 
permit describes the vessel, the route over which and the period during 
which the excursions may be made, and the safety equipment required for 
the additional persons indicated.

PART 10--LICENSING OF MARITIME PERSONNEL

    15. The authority citation for part 10 continues to read as 
follows:

    Authority: 31 U.S.C. 9701, 46 U.S.C. 2101, 2103, 2110; 46 U.S.C. 
Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec. 
10.107 also issued under the authority of 44 U.S.C. 3507.

    16. Revise Sec. 10.466(a) to read as follows:


Sec. 10.466  Licenses for operators of uninspected passenger vessels.

    (a) This section applies to all applicants for a license to operate 
an uninspected passenger vessel, equipped with propulsion machinery of 
any type.
    (1) Individuals operating an uninspected passenger vessel less than 
100 gross tons must meet the qualifications for the operator of 
uninspected passenger vessel license listed in this section.
    (2) Individuals operating an uninspected passenger vessel of at 
least 100 gross tons must meet the qualifications for the master's 
license appropriate for the vessel tonnage, route, and restrictions for 
the service in which they will engage.
    (3) Individuals operating an uninspected vessel of at least 200 
gross tons must meet the qualifications for the master or mate license 
appropriate for the tonnage, route, and restrictions for the service in 
which they will engage.
* * * * *

PART 15--MANNING REQUIREMENTS

    17. The authority citation for part 15 continues to read as 
follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 9102; 49 CFR 1.45 and 1.46.

    18. In Sec. 15.301(a), add, in alphabetical order, the term 
``Underway'' to the list of definitions, to read as follows:


Sec. 15.301  Definitions of terms used in this part.

    (a) * * *
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
* * * * *
    19. Revise Sec. 15.605 to read as follows:


Sec. 15.605  Licensed operators for uninspected passenger vessels.

    Each self-propelled, uninspected passenger vessel must be under the 
direction and control of an individual licensed by the Coast Guard.
    20. Add Sec. 15.705(f) to read as follows:


Sec. 15.705  Watches.

* * * * *
    (f) Properly manned uninspected passenger vessels of at least 100 
gross tons--
    (1) Which are underway for no more than 12 hours in any 24-hour 
period, and which are adequately moored, anchored, or otherwise secured 
in a harbor of safe refuge for the remainder of that 24-hour period may 
operate with one navigational watch;
    (2) Which are underway greater than 12 hours in any 24-hour period 
must provide a minimum of a two-watch system;
    (3) In no case may the crew of any watch work more than 12 hours in 
any 24-hour period, except in an emergency.
    21. Add Sec. 15.805(a)(6) to read as follows:


Sec. 15.805  Master.

    (a) * * *
    (6) Every uninspected passenger vessel of at least 100 gross tons.
* * * * *
    22. Add Sec. 15.855(c) to read as follows:


Sec. 15.855  Cabin watchmen and fire patrolmen.

* * * * *
    (c) For the watchmen described in paragraph (a), the owner or 
operator of an uninspected passenger vessel of at least 100 gross tons 
but less than 300 gross tons may substitute the use of fire detectors, 
heat detectors, smoke detectors, and high-water alarms with audible- 
and visual-warning indicators, in addition to other required safety 
alarms, only when each of the following conditions are met:
    (1) Fire detectors are located in each space containing machinery 
or fuel tanks in accordance with Sec. 181.400(c) of this chapter.
    (2) All grills, broilers, and deep-fat fryers are fitted with a 
grease extraction hood in compliance with Sec. 181.425 of this chapter.
    (3) Heat and/or smoke detectors are located in each galley, public 
accommodation space, enclosed passageway, berthing space, and all crew 
spaces.
    (4) High water alarms are located in each space with a through hull 
fitting below the deepest load waterline, a machinery space bilge, 
bilge well, shaft alley bilge, or other space subject to flooding from 
sea water piping within the space, and a space below the waterline with 
non-watertight closure such as a space with a non-watertight hatch on 
the main deck.
    (5) Each alarm has an audible- and visual-alarm indicator located 
at the normal operating station and, if the normal operating position 
is not continually manned when not navigating underway, in an alternate 
location that must provide the crew, and may at all times provide the 
passengers, immediate warning of a hazardous condition.
    (6) The vessel is underway for no more than 12 hours in any 24-hour 
period, and the master of the vessel has chosen to operate with less 
than a three-watch system in accordance with Sec. 15.705.
    23. Revise Sec. 15.905 to read as follows:


Sec. 15.905  Uninspected passenger vessels.

    (a) An individual holding a license as master or pilot of an 
inspected, self-propelled vessel is authorized to serve as operator of 
an uninspected passenger vessel, within any restrictions on the 
individual's license.

[[Page 11425]]

    (b) An individual holding a license as mate of inspected, self-
propelled vessels, other than Great Lakes, inland, or river vessels of 
not more than 200 gross tons, is authorized to serve as operator of 
uninspected passenger vessels within any restrictions on the 
individual's license.

PART 24--GENERAL PROVISIONS

    24. The authority citation for part 24 continues to read as 
follows:

    Authority: 46 U.S.C. 2113, 3306, 4104, 4302; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    25. In Sec. 24.05-1, revise table 24.05-1(a) to read as follows:


Sec. 24.05-1  Vessels subject to the requirements of this subchapter.

    (a)* * *

BILLING CODE 4910-15-U

[[Page 11426]]

[GRAPHIC][TIFF OMITTED]TP02MR00.004


[[Page 11427]]


[GRAPHIC][TIFF OMITTED]TP02MR00.005


[[Page 11428]]


[GRAPHIC][TIFF OMITTED]TP02MR00.006


[[Page 11429]]


[GRAPHIC][TIFF OMITTED]TP02MR00.007

BILLING CODE 4910-15

[[Page 11430]]

    26. Revise subpart 24.10 to read as follows:

Subpart 24.10--Definition of Terms Used in This Subchapter

Sec.
24.10-1   Definitions.


Sec. 24.10-1  Definitions.

    Approved means approved by the Commandant, unless otherwise stated.
    Barge means a non-self-propelled vessel.
    Carrying freight for hire means the carriage of any goods, wares, 
or merchandise, or any other freight for a consideration, whether 
directly or indirectly flowing to the owner, charterer, operator, 
agent, or any other person interested in the vessel.
    Coast Guard District Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within his or her district, which includes the inspection, 
enforcement, and administration of Subtitle II, Title 46 U.S. Code, 
Title 46 and Title 33 U.S. Code, and regulations issued under these 
statutes.
    Commandant means the Commandant of the United States Coast Guard.
    Consideration means an economic benefit, inducement, right, or 
profit, including pecuniary payment accruing to an individual, person, 
or entity but not including a voluntary sharing of the actual expenses 
of the voyage, by monetary contribution or donation of fuel, food, 
beverage, or other supplies.
    Headquarters means the Office of the Commandant, United States 
Coast Guard, Washington, DC.
    International voyage means a voyage from a country to which the 
present convention applies to a port outside such country, or 
conversely.
    Marine inspector or inspector means any person from the civilian or 
military branch of the Coast Guard assigned under the direction of an 
Officer in Charge, Marine Inspection, or any other person designated to 
perform duties related to the inspection, enforcement, and 
administration of Subtitle II, Title 46 U.S. Code, Title 46 and Title 
33 U.S. Code, and regulations issued under these statutes.
    Motor vessel means any vessel more than 65 feet in length, which is 
propelled by machinery other than steam.
    Motorboat means any vessel indicated in column five of Table 24.05-
1(a) in Sec. 24.05-1, 65 feet in length or less, which is equipped with 
propulsion machinery (including steam). The length must be measured 
from end-to-end over the deck, excluding sheer. This term includes a 
boat equipped with a detachable motor. For the purpose of this 
subchapter, motorboats are included under the term vessel, unless 
specifically noted otherwise.
    (1) The various length categories of motorboats are as follows:
    (i) Any motorboat less than 16 feet in length.
    (ii) Any motorboat 16 feet or over and less than 26 feet in length.
    (iii) Any motorboat 26 feet or over and less than 40 feet in 
length.
    (iv) Any motorboat 40 feet or over and not more than 65 feet in 
length.
    (2) The expression ``length must be measured from end-to-end over 
the deck excluding sheer'' means a straight-line measurement of the 
overall length from the foremost part of the vessel to the aftermost 
part of the vessel, measured parallel to the centerline. Bow sprits, 
bumpkins, rudders, outboard motor brackets, and similar fittings or 
attachments, are not to be included in the measurement. Length must be 
stated in feet and inches.
    Oceans means a route that goes beyond 20-nautical miles offshore on 
any of the following waters:
    (1) Any ocean.
    (2) The Gulf of Mexico.
    (3) The Caribbean Sea.
    (4) The Bering Sea.
    (5) The Gulf of Alaska.
    (6) Such other similar waters as may be designated by a Coast Guard 
District Commander.
    Officer in Charge, Marine Inspection or OCMI means any person from 
the civilian or military branch of the Coast Guard designated as such 
by the Commandant and who, under the direction of the Coast Guard 
District Commander, is in charge of an inspection zone for performance 
of duties related to the inspection, enforcement, and administration of 
Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statutes.
    Passenger means an individual carried on a vessel, except--
    (1) The owner or an individual representative of the owner, or in 
the case of a vessel under charter, an individual charterer or 
individual representative of the charterer;
    (2) The master; or
    (3) A member of the crew engaged in the business of the vessel, who 
has not contributed consideration for carriage, and who is paid for 
onboard services.
    Passenger-for-hire means a passenger for whom consideration is 
contributed as a condition of carriage on the vessel, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person having an interest in the vessel.
    Survival craft means a lifeboat, rigid liferaft, inflatable 
liferaft, life float, inflatable buoyant apparatus, buoyant apparatus, 
or small boat.
    Vessel, as used in this subpart includes all vessels indicated in 
column five of Table 24.05-1(a) in Sec. 24.05-1, unless otherwise noted 
in this subpart.
    Uninspected passenger vessel means an uninspected vessel--
    (1) Of at least 100 gross tons;
    (i) Carrying not more than 12 passengers, including at least one 
passenger-for-hire; or
    (ii) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying not more than 12 
passengers; and
    (2) Of less than 100 gross tons;
    (ii) Carrying not more than six passengers, including at least one 
passenger-for-hire; or (2) That is chartered with the crew provided or 
specified by the owner or the owner's representative and carrying not 
more than six passengers.

PART 25--REQUIREMENTS

    27. The authority citation for part 25 continues to read as 
follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4302; 49 CFR 1.46.

    28. Revise Sec. 25.25-5(d) to read as follows:


Sec. 25.25-5  Life Preservers and other lifesaving equipment required.

* * * * *
    (d) In addition to the equipment required by paragraph (b) and (c) 
of this section, each vessel 26 feet in length or longer must have at 
least one approved ring life buoy, and each uninspected passenger 
vessel of at least 100 gross tons must have at least three ring life 
buoys. Ring life buoys must be constructed in accordance with subpart 
160.050 of part 160 of this chapter. The exception is a ring life buoy 
that was approved prior to May 9, 1979, under former subpart 160.009 of 
part 160 this chapter (see 46 CFR Chapter I, revised as of October 1, 
1979), which may be used as long as it is in good and serviceable 
condition.
* * * * *
    29. Add Sec. 25.25-17 to read as follows:


Sec. 25.25-17  Survival craft requirements for uninspected passenger 
vessels of at least 100 gross tons.

    (a) Each uninspected passenger vessel of at least 100 gross tons 
must have adequate survival craft with enough capacity for all persons 
aboard, and must meet one of the following requirements:

[[Page 11431]]

    (1) An inflatable liferaft must be approved under 46 CFR part 160, 
subpart 160.151 and be equipped with an applicable equipment pack or be 
approved by another standard specified by the Commandant.
    (2) A life float must be approved under 46 CFR part 160, subpart 
160.027 or other standard specified by the Commandant.
    (3) An inflatable buoyant apparatus must be approved under 46 CFR 
part 160, subpart 160.010 or other standard specified by the 
Commandant.
    (4) A buoyant apparatus must be approved under 46 CFR part 160, 
subpart 160.010 or other standard specified by the Commandant.
    (b) If the vessel carries a small boat or boats, the capacity of 
the small boat or boat(s) may be counted toward the survival craft 
capacity required by this part. Such small boat or boat(s) must meet 
the requirements for safe loading and floatation in 33 CFR part 183.
    30. Add Sec. 25.25-19 to read as follows:


Sec. 25.25-19  Visual distress signals.

    Each uninspected passenger vessel must meet the visual distress 
signal requirements of 33 CFR part 175 applicable to the vessel.
    31. Revise Sec. 25.26-10 to read as follows:


Sec. 25.26-10  EPIRB requirements for uninspected passenger vessels.

    (a) Uninspected passenger vessels less than 100 gross tons are not 
required to carry an EPIRB.
    (b) The owner, operator, or master of an uninspected passenger 
vessel of at least 100 gross tons must ensure that the vessel does not 
operate beyond three miles from shore as measured from the territorial 
sea baseline seaward or more than three miles from the coastline of the 
Great Lakes, unless it has on board a float-free, automatically 
activated Category 1 406 MHz EPIRB stowed in a manner so that it will 
floatfree if the vessel sinks.

    32. In Sec. 25.30-20, redesignate paragraphs (b) and (c) as 
paragraphs (c) and (d), respectively, and add a new paragraph (b) to 
read as follows:


Sec. 25.30-20  Fire extinguishing equipment required.

* * * * *
    (b) Uninspected passenger vessels of at least 100 gross tons. All 
uninspected passenger vessels of at least 100 gross tons must carry on 
board hand portable and semi-portable fire extinguishers in compliance 
with Table 76.50-10(A) in Sec. 76.50-10 of this chapter.
* * * * *

PART 26--OPERATIONS

    33. The authority citation for part 26 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 4104, 6101, 8105; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    34. Revise Sec. 26.03-1(a) introductory text to read as follows:


Sec. 26.03-1  Safety orientation.

    (a) Before getting underway on any uninspected passenger vessel, 
the operator or master must ensure that suitable public announcements, 
instructive placards, or both, are provided in a manner that affords 
all passengers the opportunity to become acquainted with:
* * * * *
    35. Revise Sec. 26.03-2(a) to read as follows:


Sec. 26.03-2  Emergency instructions.

    (a) The operator or master of each uninspected passenger vessel 
must ensure that an emergency check-off list is posted in a prominent 
and accessible place to notify the passengers and remind the crew of 
precautionary measures that may be necessary if an emergency situation 
occurs.
* * * * *
    36. Add Sec. 26.03-4 to read as follows:


Sec. 26.03-4  Charts and nautical publications.

    (a) Each uninspected passenger vessel of at least 100 gross tons 
must carry adequate, up-to-date, and appropriate for their intended 
voyage--
    (1) Charts of appropriate scale to make safe navigation possible;
    (2) U.S. Coast Pilot or similar publication;
    (3) Coast Guard Light List;
    (4) Tide tables; and
    (5) Current tables, or a river current publication issued by the 
U.S. Army Corps of Engineers, or a river authority.
    (b) As an alternative, you may substitute extracts or copies from 
the publications in paragraph (a). This information must be applicable 
to the area transited.
    37. Add Sec. 26.03-6 to read as follows:


Sec. 26.03-6  Special permit.

    (a) If the owner, operator, or agent donates the use of an 
uninspected passenger vessel to a charity for fundraising activities, 
and the vessel's activity would subject it to Coast Guard inspection, 
the OCMI may issue a special permit to the owner, operator, or agent 
for this purpose if, in the opinion of the OCMI, the vessel can be 
safely operated. Each excursion permit is valid for only one voyage of 
a donated vessel, which is used for a charitable purpose. Applications 
are considered and approved on a case-by-case basis.
    (b) The criteria of Sec. 176.204 of this chapter will apply to the 
issuance of a special permit. In addition, the owner, operator, or 
agent must meet each of these conditions--
    (1) Any charity using a donated vessel must be a bona fide charity 
or a non-profit organization qualified under section 501(c)(3) of the 
Internal Revenue Code of 1986;
    (2) All donations received from the fundraising must go to the 
named charity;
    (3) The owner, operator, or agent may obtain a special permit for 
an individual vessel not more than four times in a 12-month period; and
    (4) The owner, operator, or agent must apply to the local OCMI for 
a special permit prior to the intended voyage, allowing adequate time 
for processing and approval of the permit.
    (c) Nothing in this part may be construed as limiting the OCMI from 
making such tests and inspections, both afloat and in dry-dock, that 
are reasonable and practicable to be assured of the vessel's 
seaworthiness and safety.


Sec. 26.03-5  [Removed]

    38. Remove Sec. 26.03-5.
    39. Add Sec. 26.03-8 to read as follows:


Sec. 26.03-8  Marine event of national significance special permits.

    (a) For Marine Events of National Significance, as determined by 
the Commandant, U.S. Coast Guard, a vessel may be permitted to engage 
in these events while carrying passengers-for-hire for the duration of 
the event. Event sponsors must request this determination in writing 
from the Commandant (G-M) at least one year prior to the event.
    (b) The owner, operator, or agent of a vessel that has registered 
as a participant in Marine Events of National Significance, may apply 
for a special permit to carry passengers for the duration of the event. 
The master owner, or agent of the vessel must apply to a Coast Guard 
OCMI who has jurisdiction over the vessel's first United States port of 
call. The OCMI may issue a Form CG-949 ``Permit to Carry Excursion 
Party'' if in the opinion of the OCMI the operation can be undertaken 
safely. The OCMI may require an inspection prior to issuance of a 
special permit.
    (c) The permit will state the conditions under which it is issued. 
These conditions must include the number of passengers the vessel may 
carry, the crew required, the number

[[Page 11432]]

and type of lifesaving and safety equipment required, the route, and 
operating details for which the permit is issued, and the dates for 
which the permit will be valid.
    (d) The permit must be displayed in a location visible to 
passengers.
    40. Revise Sec. 26.03-10 to read as follows:


Sec. 26.03-10  Voyage plans for uninspected passenger vessels of at 
least 100 gross tons.

    (a) The master must prepare a voyage plan that includes a crew and 
passenger list before taking an uninspected passenger vessel of at 
least 100 gross tons on a Great Lake, an ocean, or an international 
voyage.
    (b) Before departure, the master must communicate the voyage plan 
ashore, either verbally or in writing. The voyage plan must go to 
either the vessel's normal berthing location or a representative of the 
owner or managing operator of the vessel. The master, owner, or 
operator of the vessel must make the voyage plan available to the Coast 
Guard upon request.
    41. Add Sec. 26.03-12 to read as follows:


Sec. 26.03-12  Signaling light.

    All vessels of over 150 gross tons, when on an international 
voyage, shall be equipped with an efficient daylight signaling lamp in 
accordance with the requirements of subchapter J (Electrical 
Engineering) of this chapter.

Subpart 26.20--Exhibition of Coast Guard License.

    42-43. In subpart 26.20, revise the subpart heading to read as set 
forth above.
    44. Revise Sec. 26.20-1 to read as follows:


Sec. 26.20-1  Must be available.

    If a person operates a vessel that carries one or more passengers-
for-hire, he or she is required to have a valid Coast Guard license 
suitable for the vessel's route and service. He or she must have the 
license in his or her possession and must produce it immediately upon 
the request of a Coast Guard boarding officer.

PART 30--GENERAL PROVISIONS

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

    Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49 
CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of 
44 U.S.C. 3507; Section 30.01-05 also issued under the authority of 
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

    46. In Sec. 30.01-5(d), redesignate table 30.01-5(D) as table 
30.01-5(d) and revise it to read as follows:


Sec. 30.01-5  Application of regulations--TB/ALL.

* * * * *
    (d) * * *

BILLING CODE 4910-15-U

[[Page 11433]]

[GRAPHIC][TIFF OMITTED]TP02MR00.008


[[Page 11434]]


[GRAPHIC][TIFF OMITTED]TP02MR00.009


[[Page 11435]]


[GRAPHIC][TIFF OMITTED]TP02MR00.010


[[Page 11436]]


[GRAPHIC][TIFF OMITTED]TP02MR00.011

BILLING CODE 4910-15-C

[[Page 11437]]

PART 70--GENERAL PROVISIONS

    47. The authority citation for part 70 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46; 
Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.

    48. In Sec. 70.05-1, redesignate table 70.05-1(A) as table 70.05-
1(a) and revise it to read as follows:

BILLING CODE 4910-15-U

[[Page 11438]]

[GRAPHIC][TIFF OMITTED]TP02MR00.012


[[Page 11439]]


[GRAPHIC][TIFF OMITTED]TP02MR00.013


[[Page 11440]]


[GRAPHIC][TIFF OMITTED]TP02MR00.014


[[Page 11441]]


[GRAPHIC][TIFF OMITTED]TP02MR00.015

BILLING CODE 4910-15-C

[[Page 11442]]

    49. Add Sec. 70.05-18 to read as follows:


Sec. 70.05-18  Applicability to Vessels Operating Under an Exemption 
Afforded in the Passenger Vessel Safety Act of 1993 (PVSA).

    (a) The Passenger Vessel Safety Act of 1993 (PVSA) contained an 
allowance for the exemption of certain passenger vessels that are--
    (1) At least 100 gross tons but less than 300 gross tons; or (2) 
Former public vessels of at least 100 gross tons but less than 500 
gross tons.
    (b) The owner or operator of a vessel must have applied for an 
exemption under the PVSA by June 21, 1994, and then brought the vessel 
into compliance with the interim guidance in Navigation and Inspection 
Circular (NVIC) 7-94 not later than December 21, 1996. The PVSA 
exemption is valid for the service life of the vessel, as long as the 
vessel remains certified for passenger service. If the Certificate of 
Inspection (COI) is surrendered or otherwise becomes invalid (not 
including a term while the vessel is out of service but undergoing an 
inspection for recertification), the owner or operator must meet the 
appropriate inspection regulations to obtain a new COI without the PVSA 
exemption. See 46 CFR 175.118 for information about applicable 
regulations for vessels that operate under the PVSA exemption.
    50. Revise subpart 70.10 to read as follows:

Subpart 70.10--Definition of Terms Used in This Subchapter.

Sec.
70.10-1   Definitions.


Sec. 70.10-1  Definitions.

    Approved means approved by the Commandant, unless otherwise stated.
    Barge means any non-self-propelled vessel.
    Carrying freight for hire means the carriage of any goods, wares, 
or merchandise, or any other freight for a consideration whether 
directly or indirectly flowing to the owner, charterer, operator, 
agent, or any other person interested in the vessel.
    Classed vessel means any vessel classed by the American Bureau of 
Shipping or other recognized classification society.
    Coast Guard District Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within his or her district, which include the inspection, 
enforcement, and administration of Subtitle II, Title 46 U.S. Code, 
Title 46 and Title 33 U.S. Code, and regulations issued under these 
statutes.
    Coastwise is a designation of service that includes all vessels 
normally navigating the waters of any ocean or the Gulf of Mexico 20-
nautical miles or less offshore.
    Commandant means the Commandant of the United States Coast Guard.
    Consideration means an economic benefit, inducement, right, or 
profit including pecuniary payment accruing to an individual, person, 
or entity but not including a voluntary sharing of the actual expenses 
of the voyage, by monetary contribution or donation of fuel, food, 
beverage, or other supplies.
    Ferry is a designation that includes those vessels, in other than 
ocean or coastwise service, having provisions only for deck passengers 
and/or vehicles, operating on a short run, on a frequent schedule 
between two points over the most direct water route, and offering a 
public service of a type normally attributed to a bridge or tunnel.
    Great Lakes is a designation of service that includes all vessels 
navigating the Great Lakes.
    Headquarters means the Office of the Commandant, United States 
Coast Guard, Washington, DC 20593.
    Lakes, bays, and sounds is a designation of service that includes 
all vessels navigating the waters of the lakes, bays, or sounds other 
than the waters of the Great Lakes.
    Marine inspector or inspector means any person from the civilian or 
military branch of the Coast Guard assigned under the direction of an 
Officer in Charge, Marine Inspection, or any other person designated to 
perform duties related to the inspection, enforcement, and 
administration of Subtitle II, Title 46 U.S. Code, Title 46 and Title 
33 U.S. Code, and regulations issued under these statutes.
    Motor vessel means any vessel more than 65 feet in length, which is 
propelled by machinery other than steam.
    Ocean is a designation of service that includes all vessels 
navigating the waters of any ocean or the Gulf of Mexico more than 20-
nautical miles offshore.
    Officer in Charge, Marine Inspection means any person from the 
civilian or military branch of the Coast Guard designated as such by 
the Commandant and who, under the direction of the Coast Guard District 
Commander, is in charge of an inspection zone for the performance of 
duties related to the inspection, enforcement, and administration of 
Subtitle II, Title 46 U.S. Code, Title 46 and Title 33 U.S. Code, and 
regulations issued under these statues.
    Passenger means--
    (1) On an international voyage, every person other than--
    (i) The master and the members of the crew or other persons 
employed or engaged in any capacity onboard a vessel on the business of 
that vessel; and
    (ii) A child under the age of one.
    (2) On other than an international voyage, an individual carried on 
the vessel, except--
    (i) The owner or an individual representative of the owner or, in 
the case of a vessel under charter, an individual charterer or 
individual representative of the charterer;
    (ii) The master; or
    (iii) A member of the crew engaged in the business of the vessel, 
who has not contributed consideration for carriage, and who is paid for 
onboard services.
    Passenger-for-hire means a passenger for whom consideration is 
contributed as a condition of carriage on the vessel, whether directly 
or indirectly flowing to the owner, charterer, operator, agent, or any 
other person having an interest in the vessel.
    Passenger vessel means
    (1) On an international voyage, a vessel of at least 100 tons gross 
tonnage carrying more than 12 passengers; and
    (2) On other than an international voyage, a vessel of at least 100 
tons gross tonnage--
    (i) Carrying more than 12 passengers, including at least one 
passenger-for-hire;
    (ii) That is chartered and carrying more than 12 passengers; or
    (iii) That is a submersible vessel and carrying at least one 
passenger-for-hire.
    Pilot boarding equipment means a pilot ladder, accommodation 
ladder, pilot hoist, or combination of them, as required by this 
subchapter.
    Point of access means the place on the deck of a vessel where a 
person steps onto or off pilot boarding equipment.
    Recognized classification society means the American Bureau of 
Shipping or other classification society as recognized by the 
Commandant.
    Rivers is a designation of service that includes all vessels whose 
navigation is restricted to rivers and/or canals, and to such other 
waters as may be designated by the Coast Guard District Commander.
    Sailing vessel means a vessel with no mechanical means of 
propulsion, all propulsive power being provided by sails.
    Short international voyage means an international voyage in the 
course of which a vessel is not more than 200 miles from a port or 
place in which the

[[Page 11443]]

passengers and crew could be placed in safety. Neither the distance 
between the last port of call in the country in which the voyage begins 
and the final port of destination, nor the return voyage, may exceed 
600 miles. The final port of destination is the last port of call in 
the scheduled voyage at which the vessel commences its return voyage to 
the country in which the voyage began.
    Specially suitable for vehicles is a designation used for a space 
that is designed for the carriage of automobiles or other self-
propelled vehicles with batteries connected and fuel tanks containing 
gasoline on vessels on ocean or unlimited coastwise voyages. 
Requirements for the design and protection of spaces specially suitable 
for vehicles appear in subparts 72.15, 76.15, 77.05, 78.45, 78.47, and 
78.83 of parts 72, 76, 77 and 78 of this subchapter. In addition, 
preparation of automobiles prior to carriage, with the exception of 
disconnecting battery cables, must be in accordance with the applicable 
provision of 49 CFR 176.905.
    Submersible vessel means a vessel that is capable of operating 
below the surface of the water.
    Vessel, as used in this subchapter, shall be considered to include 
all vessels indicated in column three of table 70.05-1(a) in 
Sec. 70.05-1, which are greater than 65 feet in length (measured from 
end-to-end over the deck, excluding sheer) and carrying more than six 
passengers-for-hire, unless otherwise noted in this subpart.

PART 90--GENERAL PROVISIONS

    51. The authority citation for part 90 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    52. In Sec. 90.05-1(a), redesignate table 90.05-1(A) as table 
90.05-1(a) and revise it to read as follows:

BILLING CODE 4910-15-U

[[Page 11444]]

[GRAPHIC][TIFF OMITTED]TP02MR00.016


[[Page 11445]]


[GRAPHIC][TIFF OMITTED]TP02MR00.017


[[Page 11446]]


[GRAPHIC][TIFF OMITTED]TP02MR00.018


[[Page 11447]]


[GRAPHIC][TIFF OMITTED]TP02MR00.019

BILLING CODE 4910-15-C

[[Page 11448]]

PART 114--GENERAL PROVISIONS

    53. The authority citation for part 114 continues to read as 
follows:

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

    54. In Sec. 114.400(b), add, in alphabetical order, the term 
``Submersible vessel'' to the list of definitions, to read as follows:


Sec. 114.400  Definition of terms used in this subchapter.

* * * * *
    Submersible vessel means a vessel that is capable of operating 
below the surface of the water.
* * * * *

PART 169--SAILING SCHOOL VESSELS

    55. The authority citation for part 169 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735, 
38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.45, 1.46; 
Sec. 169.117 also issued under the authority of 44 U.S.C. 3507.

    56. Revise Sec. 169.103(a) and (b) to read as follows:


Sec. 169.103  Applicability.

    (a) This subchapter applies to each domestic vessel operating as a 
sailing school vessel.
    (b) This subchapter does not apply to--
    (1) Any vessel operating exclusively on inland waters which are not 
navigable waters of the United States;
    (2) Any vessel while laid up, dismantled, and out of service;
    (3) Any vessel with title vested in the United States and which is 
used for public purposes except vessels of the U.S. Maritime 
Administration;
    (4) Any vessel carrying one or more passengers;
    (5) Any vessel operating under the authority of a current valid 
certificate of inspection issued in accordance with the requirements of 
46 CFR chapter I, subchapter H or T, 46 CFR parts 70 through 78 and 
parts 175 through 187, respectively; or
    (6) Any foreign vessel.
* * * * *
    57. In Sec. 169.107, remove paragraph (f) and redesignate 
paragraphs (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), 
(s), (t), (u), (v), (w), (x), and (y) as paragraphs (f), (g), (h), (i), 
(j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), 
and (x), respectively; and revise the newly redesignated 
Sec. 169.107(n) to read as follows:


Sec. 169.107  Definitions.

* * * * *
    (n) Passenger on a sailing school vessel, means an individual 
carried on the vessel except--
    (1) The owner or an individual representative of the owner or, in 
the case of a vessel under charter, an individual charterer or 
individual representative of the charterer;
    (2) The master;
    (3) A member of the crew engaged in the business of the vessel, who 
has not contributed consideration for carriage, and who is paid for 
onboard services;
    (4) An employee of the owner of the vessel engaged in the business 
of the owner, except when the vessel is operating under a demise 
charter;
    (5) An employee of the demise charterer of the vessel engaged in 
the business of the demise charterer; or
    (6) A sailing school instructor or sailing school student.
* * * * *

PART 175--GENERAL PROVISIONS

    58. The authority citation for part 175 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3703; 49 U.S.C. App. 
1804; 49 CFR 1.45, 1.46; 175.900 also issued under authority of 44 
U.S.C. 3507.

    59. Add Sec. 175.118 to read as follows:


Sec. 175.118  Vessels operating under an exemption afforded in the 
Passenger Vessel Safety Act of 1993 (PVSA).

    (a) The Passenger Vessel Safety Act of 1993 (PVSA) contained an 
allowance for the exemption of certain passenger vessels that are--
    (1) At least 100 gross tons but less than 300 gross tons; or
    (2) Former public vessels of at least 100 gross tons but less than 
500 gross tons.
    (b) The owner or operator of a vessel must have applied for an 
exemption under PVSA by June 21, 1994, and then brought the vessel into 
compliance with the interim guidance in Navigation and Inspection 
Circular (NVIC) 7-94 not later than December 21, 1996. The PVSA 
exemption is valid for the service life of the vessel, as long as the 
vessel remains certified for passenger service. If the Certificate of 
Inspection (COI) is surrendered or otherwise becomes invalid (not 
including a term while the vessel is out of service but undergoing an 
inspection for recertification), the owner or operator must meet the 
appropriate inspection regulations to obtain a new COI without the PVSA 
exemption.
    (c) Except where the provisions of 46 CFR chapter I, subchapter H 
apply, the owner or operator must ensure that the vessel meets the 
requirements of 46 CFR chapter I, subchapter T, meets any requirements 
the OCMI deems applicable, and meets any specific additions or 
exceptions as follows:
    (1) If a vessel does not meet the intact stability requirements of 
46 CFR chapter I, subchapter S, the vessel's route(s) will be limited 
to an area within 20-nautical miles from a harbor of safe refuge, 
provided the vessel has a history of safe operation on those waters. 
The OCMI may further restrict the vessel's routes if the vessel's 
service history, condition, or other factors affect its seaworthiness 
or safety.
    (2) The vessel may not carry more than 150 passengers, and not more 
than 49 passengers in overnight accommodations.
    (3) The owner or operator must crew the vessel under the 
requirements in 46 CFR chapter I, subchapter T. All officers must be 
licensed for the appropriate vessel tonnage. The OCMI may require a 
licensed engineer for those vessels of at least 200 gross tons. Vessels 
carrying more than 50 passengers must have an additional deckhand, and 
all deckhands on vessels carrying more than 50 passengers must be 
adequately trained. The crew members on a vessel of at least 200 gross 
tons, except those operated exclusively on lakes and rivers, are 
required to hold merchant mariner documents and 50 percent of the 
unlicensed deck crew must be rated as at least an able seaman.
    (4) The vessel owner or operator must comply with the lifesaving 
arrangements located in 46 CFR part 180, except that inflatable 
liferafts are required for primary lifesaving. A rescue boat or 
suitable rescue arrangement must be provided to the satisfaction of the 
OCMI.
    (5) The vessel owner or operator must comply with the fire 
protection requirements located in 46 CFR part 181. When a vessel fails 
to meet the fire protection and structural fire protection requirements 
of 46 CFR chapter I, subchapter T, the vessel owner or operator must 
meet equivalent requirements to the satisfaction of the cognizant OCMI 
or submit plans for approval from the Coast Guard Marine Safety Center.
    (6) At a minimum, the owner or operator must outfit the vessel with 
portable fire extinguishers in compliance with 46 CFR 76.50. In 
addition, the vessel must meet any additional requirements of the OCMI, 
even if they exceed the requirements in 46 CFR 76.50.
    (7) In addition to the means-of-escape requirements of 46 CFR 
177.500, the

[[Page 11449]]

vessel owner or operator must also meet the requirements for means of 
escape found in 46 CFR 78.47-40.
    (d) The OCMI conducts an inspection and may issue a COI if the 
vessel meets these requirements. The COI's condition of operation must 
contain the following endorsement: ``This vessel is operating under an 
exemption afforded in The Passenger Vessel Safety Act of 1993 and as 
such is limited to domestic voyages and a maximum of ____ passengers 
and may be subject to additional regulations and restrictions as 
provided for in Sections 511 and 512 of the Act.''
    60. In Sec. 175.400, add a new term to the list of definitions, in 
alphabetical order, to read as follows:


Sec. 175.400  Definition of terms used in this subchapter.

* * * * *
    Submersible vessel means a vessel that is capable of operating 
below the surface of the water.
* * * * *

PART 188--GENERAL PROVISIONS

    61. The authority citation for part 188 continues to read as 
follows:

    Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    62. In Sec. 188.05-1(a), redesignate table 188.05-1(A) as table 
188.05-1(a) and revise it to read as follows:

BILLING CODE 4910-15-U

[[Page 11450]]

[GRAPHIC][TIFF OMITTED]TP02MR00.020


[[Page 11451]]


[GRAPHIC][TIFF OMITTED]TP02MR00.021


[[Page 11452]]


[GRAPHIC][TIFF OMITTED]TP02MR00.022


[[Page 11453]]


[GRAPHIC][TIFF OMITTED]TP02MR00.023

BILLING CODE 4910-15-C

[[Page 11454]]

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

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

    64. In Sec. 199.30, revise the term ``passenger vessel''.


Sec. 199.30  Definitions.

* * * * *
    Passenger vessel means--
    (1) On an international voyage, a vessel of at least 100 tons gross 
tonnage carrying more than 12 passengers; and
    (2) On other than an international voyage, a vessel of at least 100 
tons gross tonnage--
    (i) Carrying more than 12 passengers, including at least one 
passenger-for-hire; or
    (ii) That is chartered and carrying more than 12 passengers; or
    (iii) That is a submersible vessel carrying at least one passenger-
for-hire.
* * * * *

    Dated: March 24, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-4777 Filed 3-1-00; 8:45 am]
BILLING CODE 4910-15-U