[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Proposed Rules]
[Pages 9939-9945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5211]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 28, 109, 122, 131, 169, 185, and 199

[USCG-2001-11118]
RIN 2115-AG28


Liferaft Servicing Intervals

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its commercial vessel 
regulations to provide consistency in the requirements for servicing of 
inflatable liferafts and inflatable buoyant apparatus (IBA). We are 
proposing this rule to eliminate an unnecessary burden on vessel 
operators and to eliminate confusion among the public and Coast Guard 
field personnel. The proposed rule would defer the first servicing of a 
new liferaft or IBA to two years after initial packing on all 
commercial vessels not certificated under the International Convention 
for the Safety of Life at Sea (SOLAS).

DATES: Comments and related material must reach the Docket Management 
Facility on or before May 6, 2002.

ADDRESSES: To make sure that your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2001-11118), 
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.
    The Docket Management Facility maintains the public docket for this

[[Page 9940]]

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: If you have questions on this proposed 
rule, contact Kurt Heinz, Coast Guard, telephone 202-267-1444; e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Dorothy Beard, Chief, Dockets, Department 
of Transportation, telephone 202-366-5149.

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-2001-
11118), 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 that 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

    In 1991, we published a final rule in the Federal Register that 
marked a change--albeit limited to certain vessels--in the timing of 
initial servicing of liferafts. (56 FR 40364, August 14, 1991). In 
addition to including first-time requirements that certain uninspected 
commercial fishing industry vessels must carry inflatable survival 
craft (inflatable liferafts, or inflatable buoyant apparatus (IBAs)), 
those safety regulations, at 46 CFR chapter I, subchapter C, part 28, 
allowed the first servicing of new liferafts or IBAs on these vessels 
to be deferred to two years from date of manufacture.
    Historically, liferafts and IBAs have been required to be serviced 
annually by an approved servicing facility in order to ensure that they 
remain in operational condition. This 1991 final rule allowed the first 
servicing of new liferafts or IBAs on uninspected commercial fishing 
industry vessels to be deferred to two years, instead of one, to lessen 
the new rule's initial financial impact on the industry. This was 
responsive to comments on the NPRM concerning the cost of annually 
servicing inflatable survival craft as is required for inspected 
vessels.
    The Coast Guard considered this allowance to be low risk for two 
reasons: The stringent production testing and inspections of new 
liferafts, and a lack of past operational problems associated with new 
liferafts. In fact, in the more than 10 years since the final rule was 
published, the Coast Guard is not aware of any operational problems 
with liferafts or IBAs related to the deferral of first servicing as 
permitted by the rule.
    Three years after publishing the commercial fishing industry vessel 
final rule, we published an NPRM (59 FR 52590, October 18, 1994) that 
proposed a complete revision of the inflatable liferaft regulations in 
46 CFR subchapter Q. Unlike subchapter C, these proposed regulations 
were not tied to a specific type of commercial vessel.
    Based on the success of the same allowance in the fishing industry 
vessel final rule, the 1994 NPRM proposed to allow the first servicing 
of a new inflatable liferaft to be deferred to two years from the date 
of manufacture on any ship not certificated under the International 
Convention for the Safety of Life at Sea, 1974 (SOLAS). (International 
convention requires that inflatable liferafts on ships certificated 
under SOLAS be serviced annually.) Because IBAs would be subject to the 
same servicing requirements as inflatable liferafts, by reference to 
proposed 46 CFR subpart 160.151 in proposed 46 CFR 160.010-3(c), the 
proposal would apply to IBAs as well.
    In 1997, we published a subchapter Q final rule containing a 
complete revision of the inflatable liferaft regulations, in a new 46 
CFR subpart 160.151. (62 FR 25525, May 9, 1997). These new regulations 
included the allowance for the first servicing of a new liferaft on a 
non-SOLAS ship to be deferred to two years from the date of manufacture 
under certain specified conditions. As stated in the preamble to the 
final rule at 62 FR 25535, ``The Coast Guard considers this extension 
to be low-risk in view of the stringent production testing to which new 
liferafts are subjected, and so these final rules extend its 
application to new liferafts on all vessels not SOLAS-certificated.''
    Unfortunately, the timing of several unrelated and independent 
rulemaking projects did not permit this clearly stated intent to be 
reflected in all of the various vessel subparts in 46 CFR. Although the 
liferaft final rule did include a conforming amendment to the then-
recently published interim rule on lifesaving equipment in 46 CFR 
subchapter W (61 FR 25272, May 20, 1996)--updating 46 CFR 
199.190(g)(3)(i) to correctly reference the servicing procedures in the 
new liferaft regulations--it left intact 46 CFR 199.190(g)(1)(i), which 
still specifies servicing every 12 months for ``inflatable lifesaving 
appliances.'' Substantially similar language may be found in subchapter 
I-A at 46 CFR 109.301(g), subchapter K at 46 CFR 122.730(a), and 
subchapter T at 46 CFR 185.730(a). The relevant portions of all of 
these subchapters were in the late stages of various rulemaking 
projects at the time the new inflatable liferaft regulations were 
published, and it was not considered feasible to add substantive 
changes, which had not been included at the NPRM stage.
    In addition, although the subchapter W rulemaking replaced all of 
the lifesaving requirements for public nautical school ships and 
civilian nautical school vessels in parts 167 and 168 of subchapter R, 
it did not affect the lifesaving requirements for sailing school 
vessels in part 169 of that subchapter. Section 169.837(b)(4) in 
subchapter R still requires that liferafts on sailing school vessels be 
serviced every 12 months.
    Soon after the subchapter Q final rule was published, we were able 
to amend the liferaft servicing requirement in subchapter L, for 
offshore supply vessels (62 FR 49308, 49345, September 19, 1997). The 
following table lists the eight subchapters we have been discussing, 
along with the current and proposed standards.

[[Page 9941]]



  Current and Proposed Intervals for Initial Servicing of Liferafts on
                      Commercial, Non-SOLAS Vessels
------------------------------------------------------------------------
                                           Current first  Proposed first
   46 CFR, Chapter I, subchapter (and     servicing  (in  servicing  (in
                section)                      months)         months)
------------------------------------------------------------------------
Subchapter C: Uninspected Commercial                  24
 Fishing Industry Vessels (46 CFR
 28.140)................................
Subchapter I-A: Mobile offshore drilling              12             *24
 units (MODUs) (46 CFR 109.301).........
Subchapter K: Small passenger vessels          12 months             *24
 carrying more than 150 passengers or
 with overnight accommodations for more
 than 49 passengers (46 CFR 122.730)....
Subchapter L: Offshore Supply Vessels                 24             *24
 (46 CFR 131.580).......................
Subchapter Q: Equipment, Construction,                24              24
 and Materials: Specifications and
 Approval (46 CFR 160.151-57)...........
Subchapter R: Part 169, Sailing school                12             *24
 vessels (46 CFR 169.837)...............
Subchapter T: Small passenger vessels          12 months             *24
 (under 100 gross tons) (46 CFR 185.730)
Subchapter W: Lifesaving appliances and             * 12            *24
 arrangements for all inspected U.S.
 vessels except for (1) offshore supply
 vessels, (2) MODUs, (3) sailing school
 vessels, and (4) small passenger
 vessels (46 CFR 199.190)...............
------------------------------------------------------------------------
* Servicing may be delayed up to an additional five months until the
  next scheduled vessel inspection.

Discussion of Proposed Rule

    The inconsistency between the servicing interval specified in the 
liferaft regulations in subchapter Q and those specified in the various 
vessel subchapters has been the cause of some confusion, and resulted 
in some cases in new liferafts being serviced unnecessarily. This NPRM 
proposes to resolve the inconsistencies by harmonizing the servicing 
intervals specified in subchapters I-A, K, R, T, and W with the general 
requirement in the liferaft regulations at 46 CFR 160.151-57 in 
subchapter Q, consistent with the stated intent of that regulation. 
This would eliminate the confusion caused by ambiguous or conflicting 
provisions in the various commercial vessel regulations, and reduce the 
burden on the public by avoiding potential unnecessary servicing of new 
inflatable liferafts.
    In addition, to maintain internal consistency, changes are proposed 
to sections 169.513(b) and 169.531 in 46 CFR subchapter R to update or 
remove references to obsolete liferaft regulations. The currently cited 
regulations no longer exist, and the specified liferafts are no longer 
approved for manufacture. The proposed changes would require the 
analogous types of liferafts, that are approved and manufactured under 
current regulations, but would allow existing liferafts on the vessel 
to remain in use as long as they are in good and serviceable condition. 
Also, conforming editorial changes are proposed to the commercial 
fishing industry vessel regulations in 46 CFR subchapter C, and to 
subchapter L, to harmonize the specific wording between the various 
individual vessel subchapters to the extent possible.
    Because of its unique structure, subchapter W, which contains 
liferaft-servicing requirements referenced by various subchapters, 
necessitates a slightly different approach than the other vessel 
subchapters. Amendments are being proposed for two sections in 
subchapter W, 46 CFR 199.190 and 199.620. Included in these changes is 
a proposed correction to an existing error in table 199.620(a) in 
section 199.620--changing ``199.621'' to ``199.261'' in the last table 
entry.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential benefits and costs 
under section 6(a)(3) of that Order. The Office of Management and 
Budget (OMB) 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 
detailed, draft analysis supporting this conclusion is available in the 
docket as indicated under ADDRESSES. A summary of that analysis 
follows:
    Assessment: We analyzed benefits and costs of deferring the first 
liferaft servicing to 2 years (instead of 1 year) after initial packing 
for any non-SOLAS vessel subject to the liferaft servicing requirements 
in subchapters I-A, K, R, T, or W. There are 5,965 vessels that would 
be affected, for which we assume a zero population growth rate. 
Furthermore, we assume that vessels would carry 25-person liferafts 
with an average lifespan of 12 years. Because the vessels have various 
crew and passenger capacities, the number of liferafts carried by each 
vessel differs. We assume that vessels subject to the liferaft 
servicing requirements in subchapters I-A, K, R, T, and W carry one, 
eight, two, three, and two 25-person liferafts, respectively.
    Benefits: The total present value benefit for the proposed rule for 
the 10-year period would be $7,700,824 (7 percent discount rate). 
Owners and operators of affected vessels would accrue benefits as 
reduced operating costs. These benefits are a function of (1) the 
number of liferafts that would no longer be serviced the first year 
after manufacture and (2) the fees imposed by the servicing companies.
    In addition, we recognize that other benefits of the proposed rule 
exist but cannot be quantified, particularly the easing of confusion of 
both the public and Coast Guard personnel caused by vague and 
conflicting provisions. Furthermore, vessel owners would benefit by 
eliminating the opportunity cost of time associated with liferaft 
servicing during the first year after manufacture. Therefore, the total 
benefits may be higher if the qualitative benefits were represented in 
monetary terms.
    Costs: The proposed rule would not impose costs on vessel owners 
and operators. No increase in the number of accidents is expected to 
occur. The revised liferaft servicing allowance is considered low risk 
in view of the stringent production testing and inspections to which 
new liferafts are subjected, and there being no history of operational 
problems associated with new liferafts where servicing has been 
deferred on commercial fishing industry vessels.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule

[[Page 9942]]

would not have a significant economic impact on a substantial number of 
small entities because there are no costs to vessel owners/operators 
associated with the proposed rule.
    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 Kurt Heinz at 202-267-1444.
    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 evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132, 
Federalism, and have determined that it does not have implications for 
federalism under that Order.

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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that under figure 2-1, paragraph (34)(d), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. This proposed rule would resolve the 
inconsistencies in inspection intervals for liferaft servicing and 
therefore would not have any impact on the environment. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects

46 CFR Part 28

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

46 CFR Part 109

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

46 CFR Part 122

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

46 CFR Part 131

    Hazardous materials transportation, Marine safety, Navigation 
(water), Offshore supply vessels, Oil and gas exploration, Operations, 
Penalties, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 169

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

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 199

    Cargo vessels, Incorporation by reference, Marine safety, Oil and 
gas exploration, Passenger vessels, Reporting and recordkeeping 
requirements, Vessels.


[[Page 9943]]


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 28, 109, 122, 131, 169, 185, and 199 as follows:

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

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

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

    2. In Sec. 28.140, revise paragraphs (b) and (c), and table 28.140 
to read as follows:


Sec. 28.140  Operational readiness, maintenance, and inspection of 
lifesaving equipment.

* * * * *
    (b) Each item of lifesaving equipment, including unapproved 
equipment, must be maintained and inspected in accordance with:
    (1) Table 28.140 in this section;
    (2) The servicing procedure under the subpart of this chapter 
applicable to the item's approval; and
    (3) The manufacturer's guidelines.
    (c) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced no later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), and whenever the container is 
damaged or the container straps or seals are broken. It must be 
serviced at a facility specifically approved by the Commandant for the 
particular brand.
* * * * *

                   Table 28.140.--Scheduled Maintenance and Inspection of Lifesaving Equipment
----------------------------------------------------------------------------------------------------------------
                                                      Interval
              Item               --------------------------------------------------          Regulation
                                             Monthly                 Annually
----------------------------------------------------------------------------------------------------------------
(1) Inflatable wearable personal  ............................  Servicing.........  28.140.
 flotation device (Type V
 commercial hybrid).
(2) Personal flotation devices,   ............................  Inspect, clean and  28.140.
 exposure suits and immersion                                    repair as
 suits.                                                          necessary.
(3) Buoyant apparatus and life    ............................  Inspect, clean and  28.140.
 floats.                                                         repair as
                                                                 necessary.
(4) Inflatable liferaft.........  ............................  Servicing \1\.....  28.140.
(5) Inflatable buoyant apparatus  ............................  Servicing \1\.....  28.140.
(6) Hydrostatic release.........  ............................  Servicing.........  28.140.
(7) Disposable hydrostatic        ............................  Replace on or       28.140.
 release.                                                        before expiration
                                                                 date.
(8) Undated batteries...........  ............................  Replace...........  28.140.
(9) Dated batteries \2\ and       ............................  Replace on or       25.26-5, 28.140.
 other items.                                                    before expiration
                                                                 date.
(10) EPIRB......................  Test........................  ..................  25.26-5.
----------------------------------------------------------------------------------------------------------------
\1\ For a new liferaft or inflatable buoyant apparatus, the first annual servicing may be deferred to two years
  from the date of first packing if so indicated on the servicing sticker.
\2\ Water activated batteries must be replaced whenever they are used.

PART 109--OPERATIONS

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

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

    4. In Sec. 109.301, revise paragraph (g)(3) to read as follows:


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

* * * * *
    (g) * * *
    (3) An inflatable liferaft must be serviced at a facility 
specifically approved by the Commandant for the particular brand, and 
in accordance with servicing procedures meeting the requirements of 
part 160, subpart 160.151, of this chapter--
    (i) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the unit, provided that 
the delay does not exceed 5 months; and
    (ii) Whenever the container is damaged or the container straps or 
seals are broken.
* * * * *

PART 122--OPERATIONS

    5. The authority citation for part 122 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    6. In Sec. 122.730, revise paragraphs (a) and (b) to read as 
follows:


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

    (a) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced at a facility specifically approved by the Commandant for the 
particular brand, and in accordance with servicing procedures meeting 
the requirements of part 160, subpart 160.151, of this chapter--
    (1) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the vessel, provided 
that the delay does not exceed 5 months; and
    (2) Whenever the container is damaged or the container straps or 
seals are broken.
    (b) Each inflatable lifejacket and hybrid inflatable lifejacket or 
work vest must be serviced:
    (1) Within 12 months of its initial packing; and
    (2) Within 12 months of each subsequent servicing, except that 
servicing may be delayed until the next scheduled inspection of the 
vessel, provided that the delay does not exceed 5 months.
* * * * *

PART 131--OPERATIONS

    7. The authority citation for part 131 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O. 
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p. 
351; 49 CFR 1.46.


[[Page 9944]]


    8. In Sec. 131.580, revise paragraphs (a) and (b) to read as 
follows:


Sec. 131.580  Servicing of inflatable liferafts, inflatable 
lifejackets, inflatable buoyant apparatus, and inflated rescue boats.

    (a) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced at a facility specifically approved by the Commandant for the 
particular brand, and in accordance with servicing procedures meeting 
the requirements of part 160, subpart 160.151, of this chapter--
    (1) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the vessel, provided 
that the delay does not exceed 5 months; and
    (2) Whenever the container is damaged or the container straps or 
seals are broken.
    (b) Each inflatable lifejacket and hybrid inflatable lifejacket or 
work vest must be serviced:
    (1) Within 12 months of its initial packing; and
    (2) Within 12 months of each subsequent servicing, except that 
servicing may be delayed until the next scheduled inspection of the 
OSV, provided that the delay does not exceed 5 months.
* * * * *

PART 169--SAILING SCHOOL VESSELS

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

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3307, 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.

    10. In Sec. 169.513, revise paragraph (b) to read as follows:


Sec. 169.513  Types of primary equipment.

* * * * *
    (b) Inflatable liferafts. (1) Each inflatable liferaft must be a 
SOLAS A inflatable liferaft approved under part 160, subpart 160.151, 
of this chapter, except that inflatable liferafts on vessels operating 
on protected or partially protected waters may be SOLAS B inflatable 
liferafts approved under part 160, subpart 160.151, of this chapter.
    (2) Each approved inflatable liferaft on the vessel on [EFFECTIVE 
DATE OF THE FINAL RULE] may be used to meet the requirements of this 
part as long as it is continued in use on the vessel, and is in good 
and serviceable condition.''
* * * * *


Sec. 169.531  [Removed]

    11. Remove Sec. 169.531.
    12. In Sec. 169.837, revise paragraph (b)(4) to read as follows:


Sec. 169.837  Lifeboats, liferafts, and lifefloats.

* * * * *
    (b) * * *
    (4) Each inflatable liferaft has been serviced at a facility 
specifically approved by the Commandant for the particular brand, and 
in accordance with servicing procedures meeting the requirements of 
part 160, part 160.151, of this chapter--
    (i) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the vessel, provided 
that the delay does not exceed 5 months; and
    (ii) Whenever the container is damaged or the container straps or 
seals are broken.

PART 185--OPERATIONS

    13. The authority citation for part 185 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    14. In Sec. 185.730, revise paragraphs (a) and (b) to read as 
follows:


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

    (a) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced at a facility specifically approved by the Commandant for the 
particular brand, and in accordance with servicing procedures meeting 
the requirements of part 160, subpart 160.151, of this chapter--
    (1) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the vessel, provided 
that the delay does not exceed 5 months; and
    (2) Whenever the container is damaged or the container straps or 
seals are broken.
    (b) Each inflatable lifejacket and hybrid inflatable lifejacket or 
work vest must be serviced:
    (1) Within 12 months of its initial packing; and
    (2) Within 12 months of each subsequent servicing, except that 
servicing may be delayed until the next scheduled inspection of the 
vessel, provided that the delay does not exceed 5 months.
* * * * *

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

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

    Authority: 46 U.S.C. 3306, 3307, 3703; 49 CFR 1.46.

    16. In Sec. 199.190, revise paragraph (g)(3) to read as follows:


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

* * * * *
    (g) * * *
    (3) An inflatable liferaft or inflatable buoyant apparatus must be 
serviced at a facility specifically approved by the Commandant for the 
particular brand, and in accordance with servicing procedures meeting 
the requirements of part 160, subpart 160.151, of this chapter--
    (i) No later than the month and year on its servicing sticker 
affixed under 46 CFR 160.151-57(n), except that servicing may be 
delayed until the next scheduled inspection of the vessel, provided 
that the delay does not exceed 5 months; and
    (ii) Whenever the container is damaged or the container straps or 
seals are broken.
* * * * *
    17. In Sec. 199.620, in paragraph (a), revise table 199.620(a) and 
add a new paragraph (q) as follows: Sec. 199.620 Alternatives for all 
vessels in a specified service.
* * * * *

                                   Table 199.620(a).--Alternative Requirements for All Vessels in a Specified Service
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Service and reference to alternative requirement section or paragraph
                                    --------------------------------------------------------------------------------------------------------------------
 Section or paragraph in this part:                                                                            Lakes, Bays and
                                             Oceans                 Coastwise             Great Lakes               Sounds                 Rivers
--------------------------------------------------------------------------------------------------------------------------------------------------------
199.70(a): Lifebuoy approval series  199.620(b)\1\.........  199.620(b)\1\.........  199.620(b)...........  199.620(b)...........  199.620(b).

[[Page 9945]]

 
199.70(b): Lifejacket approval       199.620(c)\2\.........  199.620(c)\2\.........  199.620(c)...........  199.620(c)...........  199.620(c).
 series.
199.70(b)(1): Number of lifejackets  No Alternative........  199.620(d)............  199.620(d)...........  199.620(d)...........  199.620(d).
 carried.
199.70(b) (4)(i): Lifejacket light   No Alternative........  199.620(e)............  199.620(e)...........  Not Applicable.......  Not Applicable.
 approval series.
199.100(b): Manning of survival      No Alternative........  No Alternative........  No Alternative.......  No Alternative.......  199.620(o).
 craft.
199.110(f): Embarkation ladder.....  199.620(f)............  199.620(f)............  199.620(f)...........  199.620(f)...........  199.620(f).
199.130(b): Survival craft stowage   No Alternative........  No Alternative........  199.620(g)...........  199.620(g)...........  199.620(g).
 position.
199.170: Line-throwing appliance     199.620(h)\2\.........  199.620(h)\3\.........  Not Applicable.......  Not Applicable.......  Not Applicable.
 approval series.
199.175: Lifeboat, rescue boat, and  199.620(i)\4\.........  199.620(i)............  199.620(j)...........  199.620(j)...........  199.620(j).
 rigid liferaft equipment.
199.180 Training and drills........  199.620(p)............  199.620(p)............  199.620(p)...........  199.620(p)...........  199.620(p).
199.190: Spares and repair           199.620(n)............  199.620(n)............  199.620(n)...........  199.620(n)...........  199.620(n).
 equipment.
199.190 (g)(3): Service Intervals    199.620(q)............  199.620(q)............  199.620(q)...........  199.620(q)...........  199.620(q).
 for inflatable liferaft or
 inflatable buoyant apparatus.
199.201(a)(2) or 199.261:            199.620(l)\4\.........  199.620(l)............  199.620(l)...........  199.620(l)...........  199.620(l).
 Inflatable liferaft equipment.
199.201(a)(2) or 199.261: Liferaft   No Alternative........  199.620(k)............  199.620(k)...........  199.620(k)...........  199.620(k).
 approval series.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Alternative applies if lifebuoy is orange.
\2\ Alternative applies only to cargo vessels that are less than 500 tons gross tonnage.
\3\ Alternative applies to cargo vessels that are less than 500 tons gross tonnage and to all passenger vessels.
\4\ Alternative applies to passenger vessels limited to operating no more than 50 nautical miles from shore.

* * * * *
    (q) For a new liferaft or inflatable buoyant apparatus, the first 
annual servicing may be deferred to two years after initial packing if 
so indicated on the servicing sticker.

    Dated: February 21, 2002.
Paul J. Pluta,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety and 
Environmental Protection.
[FR Doc. 02-5211 Filed 3-4-02; 8:45 am]
BILLING CODE 4910-15-U