[Federal Register Volume 67, Number 180 (Tuesday, September 17, 2002)]
[Rules and Regulations]
[Pages 58537-58543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23563]


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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: Final rule.

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SUMMARY: The Coast Guard is amending its commercial vessel regulations 
to provide consistency in the requirements for servicing of inflatable 
liferafts and inflatable buoyant apparatus (IBA). This rule will 
eliminate an unnecessary burden on vessel operators and will eliminate 
confusion among the public and Coast Guard field personnel. The rule 
will defer the first servicing of a new liferaft or IBA to 2 years 
after initial packing on all commercial vessels not certificated under 
the International Convention for the Safety of Life at Sea (SOLAS).

DATES: This final rule is effective September 30, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-11118 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, 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

[[Page 58538]]

docket on the Internet at http://dms.dot.gov.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 5, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Liferaft Servicing Intervals'' in the Federal 
Register (67 FR 9939).
    On March 14, 2002, the Federal Register (67 FR 11549) published a 
correction for the table entitled ``Current and Proposed Intervals for 
Initial Servicing of Liferafts on Commercial, Non-Solas Vessels'' that 
was in the preamble of the NPRM.

Background and Purpose

    This rule amends the Coast Guard's commercial vessel regulations to 
provide consistency in the requirements for servicing of inflatable 
liferafts and IBAs. It harmonizes the servicing intervals specified in 
the vessel regulations in 46 CFR 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 rule will 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, the rule revises 
Sec. Sec.  169.513(b) and 169.531 in 46 CFR subchapter R (sailing 
school vessels) to update requirements for obsolete types of liferafts 
that are no longer manufactured. The revised sections require 
comparable types of liferafts that are approved and manufactured under 
current regulations, but allow existing liferafts on the vessel to 
remain in use as long as they are in good and serviceable condition. 
Additional conforming editorial changes to the commercial fishing 
industry vessel regulations in 46 CFR subchapter C, and to subchapter 
L, 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, 
necessitated a slightly different approach than the other vessel 
subchapters. Amendments were made to two sections in subchapter W, 46 
CFR 199.190 and 199.620, which included a correction of an existing 
error in table 199.620(a). You can find additional background 
information on this rule in the preamble of the NPRM (67 FR 9939, March 
5, 2002).
    As authorized by 5 U.S.C. 553(d)(1) and (3), we are making this 
rule effective September 30, 2002--less than 30 days after its 
publication in the Federal Register. This final rule relieves a 
regulatory burden by deferring the first servicing of a new liferaft or 
IBA to 2 years on all commercial vessels not certificated under the 
International Convention for the Safety of Life at Sea (SOLAS). In 
addition, good cause exists for making the rule effective before 
October 1, 2002, because by doing so we ensure that the rule will be 
codified in 46 CFR this October rather than October 2003.

Discussion of Comments

    The Coast Guard received two letters commenting on the proposed 
rule. One letter was from a liferaft servicing facility, and the other 
was from the Ferry Division of a state Department of Transportation. No 
public hearing was requested and none was held. We did not make any 
changes to the rule based on the comments we received.
    The comment received from a state public ferry agency, while noting 
that it probably fell outside of the scope of the rulemaking, suggested 
that the servicing interval for inflatable liferafts and inflatable 
buoyant apparatus on non-SOLAS vessels on inland routes should be 
extended from annually, as currently required, to once every 2 years. 
The letter cited as justification that most items of equipment packed 
inside liferafts have a service life of at least 3 years, and that the 
risk of incidental damage and wear from removing the survival craft 
from its container for annual servicing is greater than the risk of 
extending the service interval.
    The Coast Guard agrees that the suggestion is outside the scope of 
the rulemaking. Moreover, the suggestion is not supported by any 
currently available data. The requirement for annual servicing is 
supported by decades of satisfactory operational experience. Contrary 
to the assertion that removing the unit from its container annually for 
servicing imposes unnecessary wear and tear and increases the 
possibility of incidental damage, there is evidence that unfolding, 
inflating, and repacking the liferaft may actually serve to avoid 
degradation of the fabric coating at the creases.
    A comment from a liferaft servicing facility suggested that the 
meaning of ``installation date'' needed to be clarified. This term, 
however, is not used anywhere in the existing or proposed rules.
    Servicing intervals are measured throughout from the time the 
liferaft was ``serviced or first packed,'' with extensions permitted 
for time the liferaft spends indoors in controlled temperature storage. 
Thus, the significant date is not the date of installation, but rather 
the date the liferaft leaves controlled indoor storage. Whether the 
appropriate servicing interval is one year (for a SOLAS raft, or any 
other raft that is not new) or two years (for a new raft on a non-SOLAS 
ship), the time period for the appropriate servicing interval starts at 
the time the raft leaves controlled indoor storage as specified in 46 
CFR 160.151-57(n)(2)-(3). We are working with the liferaft industry to 
explore methods to improve implementation of the sticker requirements 
for liferafts held in storage, with the goal of maximizing the 
effectiveness of the sticker system for both vessel operators and 
enforcement personnel.
    The same letter suggested that in order to accommodate the proposed 
rules, manufacturers of liferafts and liferaft components would need to 
change their instructions to servicing facilities, since in many cases 
equipment items (e.g., repair cements, batteries) require annual 
replacement. This is already addressed, however, in 46 CFR 160.151-
57(n)(1)(i), which specifies that in order to apply the extended 
service interval for a new liferaft, dated survival equipment in the 
liferaft must not expire before the expiration date of the servicing 
expiration sticker. Each manufacturer has the option of providing 
suitable equipment to allow for the extension of the initial servicing 
interval.
    A comment from the servicing facility agreed with the extension of 
servicing intervals to coincide with scheduled vessel inspections, but 
suggested that a vessel operator should have to demonstrate reasonable 
justification, and request and obtain approval in writing of the 
extension from the Officer in Charge, Marine Inspection (OCMI). Since 
the grounds for the extension are clear and specific in the rule, we 
disagree that any justification, beyond evidence that an inspection for 
certification is scheduled within 5 months of the servicing expiration 
date, is needed. Consequently, we do not see any need to impose an 
administrative

[[Page 58539]]

burden on both the vessel operator and the OCMI to obtain an extension, 
which should, in fact, be automatic if the specified condition is met.
    A final comment from the servicing facility suggested that the 
extension of the servicing interval for liferafts should specifically 
exclude extension of the replacement of a hydrostatic release unit used 
with the liferaft. The comment noted that some vessel operators 
conveniently assume that the two are serviced together. While we agree 
that the extension of servicing intervals permitted by this rule 
applies only to liferafts or IBAs, and not to any hydrostatic release 
units used in their securing arrangements, we do not agree that it is 
necessary to specify in the rule those items to which it does not 
apply. Hydrostatic release units have their own servicing or 
replacement dates, and can be easily replaced by a vessel operator 
without removing the liferaft or IBA they secure.
    We are adopting our proposed rule as our final rule without any 
changes.

Regulatory Evaluation

    This 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, l979). A Regulatory Evaluation 
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 will be 
affected, for which we assumed a zero population growth rate. 
Furthermore, we assumed that vessels would carry 25-person liferafts 
with an average lifespan of 12 years, and that the number of liferafts 
carried by each vessel would be a function of the crew size and the 
passenger capacity of each vessel.
    Benefits: The total present value benefit for this rule for the 10-
year period will be $7,700,824 (7 percent discount rate). Owners and 
operators of affected vessels will accrue benefits as reduced operating 
costs. These benefits are a function of (1) the number of liferafts 
that will no longer be required to 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 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 will 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: This rule will not impose costs on vessel owners and 
operators. In view of the stringent production testing and inspections 
to which new liferafts are subjected, and the lack of any history over 
the last 10 years of operational problems associated with new liferafts 
where servicing has been deferred, the Coast Guard does not believe the 
rule will have any adverse impact on the safety of liferafts and IBAs.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) and 
Executive Order 13272, Proper Consideration of Small Entities in Agency 
Rulemaking, we have considered whether this rule will 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.
    Since this rulemaking will not impose costs on owners or operators 
of affected vessels there are no economic impacts on small entities. 
The rule provides benefits as reduced maintenance time and operating 
costs for all entities by deferring the first liferaft servicing from 1 
year to 2 years after initial packing.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this final 
rule will 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 rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding the 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. We asked for 
comments during the NPRM rulemaking process. We did not receive 
comments specifically related to small business entities.
    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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 58540]]

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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 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 rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

Energy Effects

    We have analyzed this 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 rule and 
concluded that under figure 2-1, paragraph (34)(d), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule resolves inconsistencies in 
required intervals for liferaft servicing and therefore will 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.

    For the reasons discussed in the preamble, the Coast Guard amends 
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 repair  28.140
 exposure suits and immersion                               as necessary.
 suits.
(3) Buoyant apparatus and life      .....................  Inspect, clean and repair  28.140
 floats.                                                    as necessary.
(4) Inflatable liferaft...........  .....................  Servicing \1\............  28.140
(5) Inflatable buoyant apparatus..  .....................  Servicing \1\............  28.140
(6) Hydrostatic release...........  .....................  Servicing \1\............  28.140
(7) Disposable hydrostatic release  .....................  Replace on or before       28.140
                                                            expiration date.
(8) Undated batteries.............  .....................  Replace..................  28.140

[[Page 58541]]

 
(9) Dated batteries \2\ and other   .....................  Replace on or before       25.26-5, 28.140
 items.                                                     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.


    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 September 
30, 2002, 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.
* * * * *

    11. Remove Sec.  169.531.


Sec.  169.531  [Removed]

    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

[[Page 58542]]

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; Executive Order 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:                        Oceans                 Coastwise              Great Lakes       Lakes, bays and sounds          Rivers
--------------------------------------------------------------------------------------------------------------------------------------------------------
199.70(a): Lifebuoy approval     199.620(b) \1\.........  199.620(b) \1\........  199.620(b)............  199.620(b)............  199.620(b).
 series.
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          No Alternative.........  199.620(d)............  199.620(d)............  199.620(d)............  199.620(d).
 lifejackets carried.
199.70(b)(4)(i): Lifejacket      No Alternative.........  199.620(e)............  199.620(e)............  Not Applicable........  Not Applicable.
 light 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       No Alternative.........  No Alternative........  199.620(g)............  199.620(g)............  199.620(g).
 stowage position.
199.170: Line-throwing           199.620(h) \2\.........  199.620(h) \3\........  Not Applicable........  Not Applicable........  Not Applicable.
 appliance approval series.
199.175: Lifeboat, rescue boat,  199.620(i) \4\.........  199.620(i)............  199.620(j)............  199.620(j)............  199.620(j).
 and 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           199.620(q).............  199.620(q)............  199.620(q)............  199.620(q)............  199.620(q).
 Intervals 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:        No Alternative.........  199.620(k)............  199.620(k)............  199.620(k)............  199.620(k).
 Liferaft 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.


[[Page 58543]]

* * * * *
    (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: September 11, 2002.
Jeffrey P. High,
Acting Assistant Commandant, Marine Safety, Security and Environmental 
Protection.
[FR Doc. 02-23563 Filed 9-16-02; 8:45 am]
BILLING CODE 4910-15-P