[Federal Register Volume 71, Number 80 (Wednesday, April 26, 2006)]
[Notices]
[Pages 24732-24735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3926]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2005-22732]


Domestic Vessel Passenger Weights-Voluntary Interim Measures

AGENCY: Coast Guard, DHS.

ACTION: Notice; request for public comments.

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SUMMARY: The Coast Guard announces voluntary interim measures for 
certain domestic vessels to account for increased passenger and vessel 
weight when determining the number of passengers permitted. The Coast 
Guard also requests public comments on the interim measures.

DATES: Comments and related material must reach the Docket Management 
Facility on or before May 26, 2006.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2005-22732 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call Mr. William Peters, Naval Architecture Division, G-PSE-2, Coast 
Guard, telephone 202-267-2988. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Request for Comments

    All comments received will be posted, without change, to http://dms.dot.gov and will include any personal information you have 
provided. We have an agreement with the Department of Transportation 
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy 
Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this notice (USCG-
2005-22732) and give the reason for each comment. You may submit your 
comments by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments by only one means. If you submit them by mail or 
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 received during the comment period.
    Viewing comments and documents: To view comments, go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter the last 
five digits of the docket number for this rulemaking, and click on 
``Search.'' You may also visit the Docket Management Facility in 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.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

Background and Purpose

Increased Passenger Weight

    The total number of persons permitted on a small passenger vessel 
(inspected and certificated under 46 CFR Subchapters T & K) is limited 
by a number of different design factors, one of which is stability. 
Stability characteristics and limitations, including any restrictions 
on the number of passengers permitted, are provided to the vessel 
operator most often in a stability letter or a Coast Guard Certificate 
of Inspection (COI). The Coast Guard typically evaluates a vessel's 
stability through rigorous engineering calculations (46 CFR parts 170 
and 171 (Subchapter S) stability requirements) or, for vessels not more 
than 65 feet in length and pontoon vessels, operated in a protected 
environment, through a performance test conducted by Officers in 
Charge, Marine Inspection (OCMIs) (46 CFR part 178). This test is 
either a simplified stability proof test (SST) or a pontoon simplified 
stability proof test (PSST).
    In all cases, an average weight per person is assumed to estimate 
the anticipated vessel loading (the total test weight in the SST and 
PSST) and its impact on stability. Currently, Coast Guard regulations 
governing SSTs and PSSTs use an average weight per person of 160 
pounds, except that an average weight per person of 140 pounds is used 
if the vessel operates exclusively on protected waters and the 
passenger load consists of men, women, and children. These weights were 
established in the 1960s. A Centers for Disease Control and Prevention 
(CDC) report issued in October 2004 concluded that, in the United 
States, the ``average weight has increased dramatically in the last 40 
years with the greatest increase seen in adults.'' The increase in 
passenger and crew weight has an adverse effect on the stability of 
passenger vessels due to several factors, including increased vertical 
center of gravity, reduced freeboard, and increased passenger heeling 
moment.
    On March 6, 2004, the small passenger pontoon vessel Lady D, 
carrying 25 persons, capsized in high winds in Baltimore harbor while a 
small craft warning was in effect. Five persons died and four others 
suffered serious injuries. Both the Coast Guard and the National 
Transportation Safety Board (NTSB) launched investigations into the 
cause of the accident.
    On December 20, 2004, the NTSB issued Safety Recommendation M-04-
04, which stated that the current 140 pound per person weight allowance 
for operations on protected waters does not reflect actual loading 
conditions. The NTSB recommended that the Coast Guard revise its 
guidance to OCMIs for determining the maximum passenger capacity of 
small passenger pontoon vessels either by: (1) Dividing the vessel's 
simplified stability proof test weight by 174 pounds per person, or; 
(2) restricting at the time of loading the actual cumulative weight of 
passengers and crew to the vessel's total test weight.
    In correspondence to the NTSB dated April 7, 2005, the Coast Guard 
concurred that the average weight per

[[Page 24733]]

person used in SSTs and PSSTs needed to be updated, and noted that an 
internal Coast Guard study initiated shortly after the Lady D incident 
identified the same issue. The Coast Guard also pointed out that 
implementation of the needed changes would be more complex than the 
NTSB recommendation entailed, and that the Coast Guard had chartered a 
working group to assess the potential impacts of regulatory changes to 
a higher passenger weight. The assessment of the working group is 
available in the docket.
    In a letter dated July 26, 2005, the NTSB acknowledged the Coast 
Guard initiated action to revise the passenger weight standard, and 
classified the Coast Guard's response to Safety Recommendation M-04-04 
as acceptable. In order to gather the information and perform the 
analyses required by law before issuing regulations, the Coast Guard 
contracted in September 2005 with BMT Designers and Planners to conduct 
an engineering analysis of the impact of increasing average passenger 
weight, assess alternative implementation strategies, and conduct an 
in-depth cost-benefit analysis.
    On October 2, 2005, the New York State certified monohull passenger 
vessel Ethan Allen (whose Coast Guard COI expired in 1981, and was not 
required to be inspected by the Coast Guard), carrying 49 passengers, 
capsized on Lake George and sank, killing 20 people. The NTSB has 
indicated that overloading due to increased passenger weight was a 
potential contributing cause of the accident, but has not yet issued 
its report.
    The Coast Guard is committed to a high priority rulemaking to 
develop new regulations and interim measures to address increased 
passenger weight problems, and has established a regulatory team. A 
notice describing the consultant's ongoing study and the Coast Guard's 
approach to revising the passenger weight standard was published in the 
Federal Register on October 27, 2005 (70 FR 61987).
    On March 7, 2006, the NTSB held a meeting to consider its report on 
the capsizing of the Lady D. In the report's synopsis, the NTSB 
concluded that the use of an obsolete average weight standard for 
persons on small passenger vessels caused the Lady D to be more 
susceptible to capsizing on the day of the accident. The combined 
effects of the excessive load carried and the wind and wave conditions 
experienced at the time of the accident caused the capsizing, according 
to the synopsis. In addition to recommendations based on the 
conclusions summarized above, the NTSB recommended that the Coast Guard 
identify a method for determining the maximum safe load condition of a 
small passenger vessel at the time of loading.

Reasonable Operating Conditions

    Coast Guard OCMIs have the authority to impose restrictions on the 
operating condition of any small passenger vessel in their zones of 
responsibility. For those vessels which are designed for operation only 
on protected waters and mild conditions, which include pontoon vessels, 
the COI usually includes a restriction limiting the vessel's operation 
to ``reasonable operating conditions.''

Pontoon Vessels

    Pontoon vessels, originally developed for use as recreational boats 
on small lakes and rivers, over time came to be used as small passenger 
vessels. Prior to 1996, the Coast Guard published guidance on pontoon 
vessel stability in its Marine Safety Manual (MSM) http://www.uscg.mil/hq/g-m/nmc/pubs/msm/, but there were no Coast Guard regulations 
specifically for pontoon vessels. The MSM guidance dealt only with 
vessel heeling due to passenger movement and did so conservatively, but 
did not include a wind component because passenger pontoon vessels were 
designed to operate on restricted routes where mild conditions prevail.
    Because of the growth in the number of pontoon vessels, the MSM 
stability guidance was replaced with regulations in CFR Title 46, 
Subchapter T, in 1996. Those regulations also do not include a wind 
component because of the reasons outlined above. In contrast, the 
stability regulations for all other small passenger vessels specify a 
minimum wind component and a passenger heeling component because those 
vessels are permitted to operate with fewer restrictions, and are 
designed to operate in limited wind and wave environments.

Immediate Corrective Actions for Pontoon Vessels

    To assess the need for immediate action to protect the safety of 
passengers and crew on pontoon vessels, a Coast Guard working group, 
established in March 2004, examined the stability requirements for that 
vessel category. The group recommended that information be provided to 
OCMIs around the country to ensure that stability tests and standards 
were being appropriately and consistently implemented for pontoon 
vessels. Coast Guard G-MOC Policy Letter 04-10 entitled ``Evaluation of 
Stability & Subdivision Requirements for Small Passenger Vessels 
Inspected Under 46 CFR Subchapter T'' resulted from the group's 
efforts. In those instances where the Coast Guard determined that 
stability standards had been incorrectly applied, it took immediate 
corrective action.

Analysis of Passenger Weights

    One of the two alternatives suggested by the NTSB in Recommendation 
M-04-04 for determining the maximum number of occupants of small 
passenger pontoon vessels was to use the per-person weight allowance 
for a present-day average adult. NTSB recommended use of the per-person 
weight allowance stipulated in Federal Aviation Administration (FAA) 
Advisory Circular 120-27D which, for large aircraft, is 174 pounds per 
person without an allowance for personal effects or carry-on luggage. 
New Recommendation 1 in the NTSB's March 7, 2006 synopsis of its report 
on the Lady D incident suggests that passenger capacity for domestic 
passenger vessels be calculated based on a statistically representative 
average passenger weight standard that is periodically updated.
    The CDC National Health and Nutrition Examination Survey (NHANES) 
program is a widely accepted and authoritative source for weight data 
on the U.S. population. The 2004 CDC NHANES report on surveys conducted 
in the United States between 1960 and 2002 stated that ``on average, 
both men and women gained more than 24 pounds between the 1960s and 
2002.'' (See CDC Advance Data, Number 347, dated October 27, 2004.) For 
a 50/50 male/female mix and for adults between 20 and 74 years old, an 
average weight of 177.7 pounds without clothing is calculated from the 
data published in the NHANES report. According to this report, the mean 
weight of children of all ages also increased substantially between 
1963 and 2002. Teenage boys and girls aged 12-17 increased 15 and 12 
pounds, respectively, to mean weights of 141 and 130 pounds, 
respectively, between the 1960s and 2002.
    Additionally, a 2003 New Zealand Civil Aviation Authority survey of 
passenger weights reported an average weight without carry-on bags or 
personal effects of 176.8 pounds. Transport Canada, Canada's federal 
transportation agency, recommends assuming an average weight of 182.5 
pounds per person in summer and 188.5 pounds in winter for small 
aircraft. Transport Canada's weights included an allowance for clothing 
but not luggage.

[[Page 24734]]

    An average weight of approximately 185 pounds is obtained when the 
most current CDC average weight of 177.7 pounds is added to the FAA 
average clothing weight of 7.5 pounds. (See FAA Advisory Circular 120-
27E, paragraph 201, dated June 10, 2005 (superseding FAA AC 120-27D). 
Approximately the same weight is obtained when the CDC average adult 
weight gain of 24 pounds is added to the 160-pound average established 
in the 1960s. The accuracy of this result is further confirmed by the 
weights recommended by government authorities in Canada and New 
Zealand.
    The Coast Guard considered a report by the Coast Guard Passenger 
Weight Working Group, mentioned above. The report, dated May 19, 2005, 
used an average passenger weight of 190 pounds to assess the potential 
impacts of regulatory changes. This average passenger weight was based 
on the FAA's use in AC 120-27D of an average winter passenger weight of 
189 pounds, not including carry-on bags and was noted in the report to 
be conservative. The current FAA Circular, AC 120-27E, also uses an 
average winter passenger weight of 189 pounds without carry-on bags, 
and includes allowances of 10 pounds each for clothing and personal 
items. (See AC 120-27E, paragraphs 201 and 205, and Tables 2-1 and 2-
2.)
    The FAA arrived at the standard average passenger weights used in 
AC 120-27E after performing certain mathematical calculations using the 
CDC's NHANES data rather than rely on the average weights published by 
the CDC in Advance Data Number 347. (See AC 120-27E, Appendix 2). Based 
upon the Coast Guard's evaluations of all available weight studies, 
though, the 185 pound average appears at this time to be the most 
accurate and appropriate average weight for evaluating the stability of 
small passenger vessels.
    For these reasons, the Coast Guard recommends that, for the 
purposes of this notice, the assumed weight per person should be 185 
pounds for a mix of men and women.

Increased Vessel Weight

    Independent of our review of increased passenger weight, the Coast 
Guard identified vessel weight growth, particularly on pontoon vessels, 
as a significant factor impacting stability. A vessel must be kept in 
the same physical condition as when its stability letter was issued in 
order to remain in compliance with Federal regulations. Vessel 
operators are required to receive OCMI approval on all vessel 
alterations for this reason. If a vessel becomes heavier and the 
operating load of passengers is not similarly reduced, the possibility 
exists that operation beyond the vessel's regulatory stability limits 
will occur. This situation was discovered on some pontoon vessels and, 
after OCMIs required updated PSSTs, the total persons permitted to be 
carried had to be reduced between 22 to 43 percent.
    Overall, this degree of reduction probably stems from both 
unrecorded alterations and differences in vessel weight related to 
inconsistencies and variances in construction, design, outfit, and 
potential absorption of water by porous vessel materials such as wood 
or foam. Pontoon vessels are particularly sensitive to weight growth 
due to their typical round hull geometry. However, weight growth is an 
important factor to monitor on all passenger vessels. The Coast Guard 
has already directed the re-evaluation of most pontoon vessels and is 
considering methods for better tracking of vessel weight.

Advisory and Regulatory Actions

    The Coast Guard is currently engaged in a rulemaking that will 
thoroughly assess the potential consequences of revising stability 
regulations for all domestic passenger vessels to account for increased 
passenger and vessel weight. These changes are estimated to affect as 
many as 7,000 vessels operating nationwide. While the Coast Guard 
places paramount importance on the safety of passengers and crew, the 
Coast Guard is required by law to assess the likely effects of such a 
far-reaching change, including the economic implications for the 
passenger vessel industry.
    Because of the length of the regulatory change process, much of 
which is mandated by law, and the need for timely action to ensure 
public safety, the Coast Guard is also committed to institute interim 
measures to address those vessels at highest risk of stability hazard 
from increased passenger weight, including small passenger pontoon 
vessels. The approach of the 2006 summer season makes the need to 
account for increased passenger weight all the more urgent.
    For these reasons, the Coast Guard, through publication of this 
notice, is advising owners and operators of small passenger vessels of 
potentially unsafe conditions, including increases in passenger and 
vessel weight, and voluntary interim measures which may be used to 
address these conditions and to safeguard the public.

Voluntary Measures for Prudent Operation

    The 140 and 160 pound average weights may not reflect actual 
loading conditions. In addition, some small passenger vessels may have 
experienced weight growth since their stability was evaluated. 
Consequently, the total number of persons permitted to be carried, as 
stated in the COI, might exceed the anticipated vessel loading of many 
vessels.
    The Coast Guard has, therefore, determined that it would be prudent 
for owners and operators of all small passenger vessels for which 
passenger weight is a limiting stability factor to voluntarily re-
evaluate the passenger capacity for their vessels. In addition, the 
Coast Guard expects prudent operators to conscientiously monitor the 
wind and wave conditions. This notice serves to assist owners and 
operators of these vessels in complying with the operating requirements 
of 46 CFR 185.304 or 46 CFR 122.304 and the standards of competence and 
conduct detailed in 46 CFR part 5.
    To assist the prudent owner and operator, the Coast Guard 
recommends the following:

Vessels Evaluated Using the SST or PSST

    Owners and operators of all pontoon vessels, and small passenger 
vessels not more than 65 feet in length, that met simplified stability 
requirements using either 140 or 160 pounds, should voluntarily 
restrict the maximum number of passengers permitted on board by:
    (1) Changing your passenger capacity to a reduced number by 
dividing the total test weight by 185 pounds; or
    (2) Changing your passenger capacity to a reduced number equal to 
140 divided by 185 times the current number of passengers permitted to 
be carried. If the total test weight was based on 160 pounds per 
person, the multiplier may be taken as 160 divided by 185; or
    (3) Weighing persons and effects at dockside prior to boarding and 
limiting the actual load to the total test weight used in the vessel's 
SST or PSST.

Vessels Whose Stability Has Been Evaluated According to Subchapter S

    Owners and operators of small passenger vessels should voluntarily 
review their stability guidance and ensure that excessive passenger 
weight is not carried or that an increased average passenger weight of 
185 pounds will not reduce stability below Subchapter S requirements.

All Small Passenger Vessels

    Owners and operators of all small passenger vessels should:
    (1) For passenger vessels certificated for operation only on 
protected waters,

[[Page 24735]]

voluntarily operate only in ``reasonable operating conditions,'' which, 
do not include the conditions listed below:
     A small craft advisory is in effect;
     Wind gusts over 30 knots (35 mph);
     Waves over two feet; or
     Sustained winds over 18 knots (21 mph).
    (2) Notify the OCMI if any significant structural or equipment 
changes have been made to the vessel since the stability was evaluated 
by the owner or operator and approved by the Coast Guard. The OCMI will 
determine whether to adjust the passenger load accordingly or require a 
new stability test.
    Owners and operators may consider voluntarily re-evaluating the 
vessel's stability, which may include the performance of a new SST or 
PSST or a new evaluation according to 46 CFR subchapter S using an 
assumed weight per person of 185 pounds.
    In general, these voluntary interim guidelines reflect NTSB's 
recommendations dated March 7, 2006, with one exception. The NTSB 
recommended the use of a method such as a load mark on the hull to 
determine the maximum safe load condition. The Coast Guard is 
evaluating these loading marks to determine if they are adequate to 
accurately assess whether or not the total test weight is exceeded, 
which could create an overload condition. Additionally, the Coast Guard 
will consider including a method of periodically updating the average 
passenger weight as part of the upcoming rule.
    The Coast Guard will perform outreach to owners and operators of 
all such vessels as soon as possible to advise them of this notice. 
Vessel owners and licensed operators are encouraged to comply with 
these guidelines until new regulations are promulgated. Local OCMIs are 
always available for assistance if the need arises.

Upcoming Rule

    The Coast Guard is in the process of preparing a rule that would 
amend its regulations to address the stability issues caused by 
increases in passenger and vessel weight. This rule would apply to the 
same group of small vessels covered by the voluntary procedures 
described above, as well as all pontoon vessels. The Coast Guard 
tentatively intends that the rule's provisions be, for the most part, 
similar to those of the voluntary procedures above. The rule may also 
include provisions explicitly providing for prioritizing stability 
evaluations among categories of vessels, including the performance of 
new SSTs or PSSTs.

    Dated: April 20, 2006.
Thomas H. Gilmour,
Rear Admiral, Assistant Commandant for Prevention.
[FR Doc. 06-3926 Filed 4-25-06; 8:45 am]
BILLING CODE 4910-15-P