issue-1996-05-20•Federal Register final rules — 1996-05-20
Federal Register final rules — 1996-05-20
issue-1996-05-20Federal Register final rules — 1996-05-20Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 96-12736 Pesticides; Partial Stay of Effective Date for Order Revoking Certain Food Additive Regulations
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25153-25154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12736]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 185
[OPP-300335B; FRL-5372-2]
Pesticides; Partial Stay of Effective Date for Order Revoking
Certain Food Additive Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial stay of Effective Date.
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SUMMARY: EPA is staying the effective date of a final rule revoking the
food additive regulations (FARs) for certain uses of propargite,
mancozeb, ethylene oxide and propylene oxide. The final
[[Page 25154]]
rule, subject to objections, was published in the Federal Register on
March 22, 1996. EPA received petitions to stay the May 21, 1996
effective date for the final rule as it applied to the four pesticides
noted above. EPA is staying the effective date until it can review the
petitions and determine whether to grant the petitions for stays and if
so, for what length of time.
DATES: This partial stay is effective May 20, 1996.
FOR FURTHER INFORMATION CONTACT: Niloufar Nazmi, Special Review Branch
(7508W), Special Review and Reregistration Division, Office of
Pesticide Programs, 401 M St., SW., Washington, DC 20460. Office
location and telephone number: 3rd floor, Westfield Building, 2800
Crystal Drive, Arlington, VA, Telephone: (703) 308-8028, e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
In the Federal Register of March 22 1996 (61 FR 11993), EPA issued
an order by final rule revoking the FARs for certain uses of seven
pesticides. EPA revoked the above FARs based on the determination that
these FARs are inconsistent with the Delaney clause, in section 409 of
the Federal Food, Drug and Cosmetic Act (FFDCA). In the final rule, EPA
set an effective date of May 21, 1996 for the revocations.
Any person adversely affected by the March 22, 1996 Order was
allowed 30 days to: (1) File written objections to the order, (2) file
a written request for an evidentiary hearing on the objections, and (3)
file a petition for a stay of the effective date.
EPA received requests from four Petitioners to stay the effective
date of revocation for the following: propargite on tea and figs from
the Uniroyal Chemical Company; mancozeb on oat bran from the Mancozeb
Task Force; ethylene oxide on ground spices from the American Spice
Trade Association; and propylene oxide on nutmeats, ground spices,
cocoa and gums from Aberco Inc. The Petitioners contend to have
satisfied the four criteria outlined in the final rule regarding the
stay of an administrative action (21 CFR 10.35). All four Petitioners
assert that: (1) They will suffer irreparable injury; (2) their case is
not frivolous and is being pursued in good faith; (3) they have
demonstrated sound public policy grounds supporting the stay; and (4)
the delay resulting from the stay is not outweighed by public health or
other public interests.
Full copies of the stay requests may be viewed in the OPP Docket
under the document control number. The OPP docket is located in the
Public Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. In person, bring comments to: Rm.
1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA.
By this document, EPA is staying the effective date of the March
22, 1996 final rule until such time as EPA issues its responses to the
stay petitions.
List of Subjects in 40 CFR Part 185
Environmental protection, Food additives, Pesticides and pest.
Dated: May 16, 1996.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore, 40 CFR part 185 is amended as follows:
1. The authority citation continues to read as follows:
Authority: 21 U.S.C. 346a and 348.
Sec. 185.2850 [Amended]
1. The amendment removing Sec. 185.2850, published at 61 FR 12009,
March 22, 1996 is stayed.
Sec. 185.5000 [Amended]
2. On page 12009, in the issue for March 22, 1996, the removal from
the table in Sec. 185.5000 of ``figs, dried,'' and ``tea, dried,'' is
stayed. The removal of the entry for raisins is not affected by this
stay.
3. On page 12009, in the issue for March 22, 1996, the removal of
Sec. 185.5150 is stayed with respect to the removal of the introductory
text, paragraphs (a), (b), (c), (d) and (e), and in the table, with
respect to the entries for ``cocoa,'' ``gums,'' ``processed nutmeats
(except peanuts),'' and ``spices, processed.'' The removal of the
entries for ``glace fruit,'' ``prunes, dried,'' and ``starch'' is not
affected by this stay. For clarity and ease of use by the reader the
text that remains pursuant to the stay is set forth below.
Sec. 185.5150 Propylene oxide.
The food additive propylene oxide may be safely used in or on foods
in accordance with the following prescribed conditions:
(a) It is intended as a fumigant in or on bulk quantities of cocoa,
gums, processed spices, and processed nutmeats (except peanuts) when
such bulk foods are to be further processed into a final food form.
(b) It is applied in fumigation chambers not more than one time at
a temperature not in excess of 125 deg. F. The maximum period of
fumigation shall not exceed 4 hours for cocoa, processed nutmeats
(except peanuts), and processed spices. For edible gums, the maximum
duration shall be 24 hours.
(c) When used as described in paragraphs (a) and (b) of this
section, residues shall not exceed the following limitations:
------------------------------------------------------------------------
Food Limitations\1\
------------------------------------------------------------------------
Cocoa................................................... 300
Gums.................................................... 300
Processed nutmeats (except peanuts)..................... 300
Spices, processed....................................... 300
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\1\ Expressed as parts per million of propylene oxide.
(d) When used as a mixture with carbon dioxide (92 parts of carbon
dioxide to 8 parts of propylene oxide on a weight/weight basis), all
commodities listed in paragraph (c) of this section may be processed
not more than one time for a period not to exceed 48 hours and at a
temperature not to exceed 125 deg. F.
(e) To assure safe use of the additive, the label and labeling of
the pesticide formulation containing the food additive shall conform to
the label an labeling registered by the U. S. Environmental Protection
Agency.
9. On page 12009, in the issue for March 22, 1996, the removal of
Sec. 185.6300 with respect to the introductory text and bran of oats is
stayed. For clarity and ease of use by the reader the text that remains
pursuant to the stay is set forth below.
Sec. 185.6300 Zinc ion and maneb coordination product.
Tolerances are established for residues of a fungicide which is a
coordination product of zinc ion and maneb (manganous
ethylenebisdithiocarbamate) containing 20 percent manganese, 2.5
percent zinc, and 77.5 percent ethylenebisdithiocarbamate (the whole
product calculated as zinc ethylenebisdithiocarbamate) in or on the
following processed foods, when present therein as a result of the
application of this fungicide to growing crops:
20 parts per million in the bran of oats.
[FR Doc. 96-12736 Filed 5-16-96; 2:14 pm]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-12645 Special Local Regulations for Marine Events; Norfolk Harborfest 1996; Norfolk Harbor, Elizabeth River, Norfolk and Portsmouth, VA
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Page 25149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12645]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100, 110 and 117
[CGD 05-96-021]
Special Local Regulations for Marine Events; Norfolk Harborfest
1996; Norfolk Harbor, Elizabeth River, Norfolk and Portsmouth, VA
AGENCY: Coast Guard, DOT.
ACTION: Notice of implementation.
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SUMMARY: This document implements 33 CFR 100.501 for Norfolk Harborfest
1996, an annual event to be held in the Waterside area of the Elizabeth
River between Norfolk and Portsmouth, Virginia. These special local
regulations are needed to control vessel traffic within the immediate
vicinity of Waterside due to the confined nature of the waterway and
the expected vessel congestion during the event. The effect will be to
restrict general navigation in the regulated area for the safety of
participants and spectators.
EFFECTIVE DATES: The regulations in 33 CFR 100.501, 110.72aa and
117.1007(b) are effective for the following periods: 11 a.m. to 11
p.m., June 7, 1996; 8:30 a.m. to 11 p.m., June 8, 1996; and 9:30 a.m.
to 7 p.m., June 9, 1996.
FOR FURTHER INFORMATION CONTACT:
LTJG R. Christensen, marine events coordinator, Commander, Coast Guard
Group Hampton Roads, 4000 Coast Guard Blvd., Portsmouth, VA 23703-2199,
(804) 483-8521.
SUPPLEMENTARY INFORMATION:
Discussion of Rule
Norfolk Harborfest, Inc. will sponsor the Norfolk Harborfest 1996
on June 7, 8, and 9, 1996, in the Waterside area of the Elizabeth
River. The event will consist of aerobatic demonstrations, an air/sea
rescue demonstration, fireworks, lighted boat parade, and numerous
other water events, to include a parade of sailboats and several boat
and raft races. A large number of spectator vessels are expected.
Therefore, to ensure safety of both participants and spectators, 33 CFR
100.501 will be in effect for the event. Under provisions of 33 CFR
100.501, a vessel may not enter the regulated area unless it is
registered as a participant with the event sponsor or it receives
permission from the Coast Guard patrol commander. These restrictions
will be in effect for a limited period and should not result in
significant disruption of maritime traffic. The Coast Guard patrol
commander will announce the specific periods during which the
restrictions will be enforced.
Additionally, 33 CFR 110.72aa and 33 CFR 117.1007(b) will be in
effect while 33 CFR 100.501 is in effect. Section 110.72aa establishes
special anchorages which may be used by spectator craft. Section
117.1007(b) provides that the draw of the Berkley Bridge shall remain
closed from one hour prior to the scheduled event until one hour after
the scheduled event unless the Coast Guard patrol commander allows it
to be opened for passage of commercial traffic.
Dated: May 1, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-12645 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-14-M
Complete official Federal Register PDF
FR Doc. 96-12641 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25138-25139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12641]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 97
[Docket No. 28564; Amdt. No. 1726]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-8722.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR Part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Forms
8260-3, 8260-4, and 8260-5. Materials incorporated by reference are
available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
The amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. Some SIAP amendments may
have been previously issued by the FAA in a National Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP amendments may
require making them effective in less than 30 days. For the remaining
SIAPs, an effective date at least 30 days after publication is
provided.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Approach Procedures (TERPS). In developing these SIAPs, the TERPS
criteria were applied to the conditions existing or anticipated at the
affected airports. Because of the close and immediate relationship
between these SIAPs and safety in air commerce, I find that notice and
public procedure before adopting these SIAPs are impracticable and
contrary to the public interest and, where applicable, that good cause
exists for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
[[Page 25139]]
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on May 3, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44701; and 14
CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Sec. 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/DME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identifed as follows:
* * * Effective May 23, 1996
Cornith, MS, Roscoe Turner, ILS RWY 17, Orig
Lebanon, TN, Lebanon Muni, NDB RWY 19, Orig
Seattle, WA, Boeing Field/King County Intl, LOC/DME RWY 13R, Orig
* * * Effective June 20, 1996
Stevensville, MD, Bay Bridge, GPS RWY 11, Orig
Charlevoix, MI, Charlevoix Muni, NDB or GPS RWY 9, Amdt 9
Charlevoix, MI, Charlevoix Muni, NDB or GPS RWY 27, Amdt 10
Fremont, Mi, Fremont Muni, GPS RWY 18, Orig
Wentzville, MO, Wentzville, VOR/DME OR GPS-A, Amdt 2, CANCELLED
Omaha, NE, Eppley Airfield, ILS RWY 14R, Amdt 3B, CANCELLED
Omaha, NE, Eppley Airfield, ILS RWY 32L, Amdt 5, CANCELLED
Portales, NM, Portales Muni, GPS RWY 1, Orig
Cortland, NY, Cortland County-Chase Field, GPS RWY 24, Orig
Sparta, WI, Fort McCoy, GPS RWY 11, Orig
Sparta, WI, Fort McCoy, GPS RWY 29, Orig
* * * Effective July 18, 1996
Petersburg, WV, LDA/DME-B, Amdt 2
* * * Effective August 15, 1996
Hollister, CA, Hollister Muni, GPS RWY 31, Orig
Beaumont-Port Arthur, TX, Jefferson Conunty, VOR/DME OR GPS RWY 34,
Amdt 7
The FAA published an Amendment in Docket No. 28548, Amdt. No.
1724 to Part 97 of the Federal Aviation Regulations (Vol. 61, FR No.
84, Page 18943; dated Tuesday, April 30, 1996) under Section 97.23
effective 20 Jun 96, which is hereby amended as follows:
SELMA, AL, Craig Field,
VOR RWY 15, Orig
VOR RWY 33, Orig
VOR RWY 32, Amdt 3, CANCELLED
The effective date is changed to 23 MAY 96.
[FR Doc. 96-12641 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-12640 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25139-25141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12640]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28565; Amdt. No. 1727]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of
changes occurring in the National Airspace System, such as the
commissioning of new navigational facilities, addition of new
obstacles, or changes in air traffic requirements. These changes are
designed to provide safe and efficient use of the navigable airspace
and to promote safe flight operations under instrument flight rules at
the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which affected airport
is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description on each SIAP is contained in the appropriate FAA
Form 8260 and the National Flight Date Center (FDC)/Permanent (P)
Notices to Airmen (NOTAM) which are incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the
Federal Aviations Regulations (FAR). Materials incorporated by
reference are available for examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction of charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
The Rule
This amendment to part 97 of the Federal Aviation Regulations (14
CFR part 97) establishes, amends, suspends, or revokes SIAPs. For
safety and timeliness of change considerations, this amendment
incorporates only specific changes contained in the content of the
[[Page 25140]]
following FDC/P NOTAM for each SIAP. The SIAP information in some
previously designated FDC/Temporary (FDC/T) NOTAMs is of such duration
as to be permanent. With conversion to FDC/P NOTAMs, the respective
FDC/T NOTAMs have been cancelled.
The FDC/P NOTAMs for the SIAPs contained in this amendment are
based on the criteria contained in the U.S. Standard for Terminal
Instrument Approach Procedures (TERPS). In developing these chart
changes to SIAPs by FDC/P NOTAMs, the TERPS criteria were applied to
only these specific conditions existing at the affected airports. All
SIAP amendments in this rule have been previously issued by the FAA in
a National Flight Data Center (FDC) Notice to Airmen (NOTAM) as an
emergency action of immediate flight safety relating directly to
published aeronautical charts. The circumstances which created the need
for all these SIAP amendments requires making them effective in less
than 30 days.
Further, the SIAPs contained in this amendment are based on the
criteria contained in the TERPS. Because of the close and immediate
relationship between these SIAPs and safety in air commerce, I find
that notice and public procedures before adopting these SIAPs are
impracticable and contrary to the public interest and, where
applicable, that good cause exists for making these SIAPs effective in
less than 30 days.
Conclusion
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air traffic control, Airports, Navigation (Air).
Issued in Washington, DC, on May 3, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.25, 97.27, 97.29, 97.31, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec. 97.27
NDB, NDB/OME; Sec. 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV;
Sec. 97.31 RADAR SIAPs; Sec. 97.33 RNAV SIAPs; and Sec. 97.35 COPTER
SIAPs, identified as follows:
* * * Effective Upon Publication.
----------------------------------------------------------------------------------------------------------------
FDC date State City Airport FEC No. SIAP
----------------------------------------------------------------------------------------------------------------
04/18/96... LA Slidell........ Slidell........ 6/2294 NDB RWY 19, AMDT 1...
04/18/96... LA Slidell........ Slidell........ 6/2295 NDB RWY 36, ORIG...
04/18/96... NE Chadron........ Chadron Muni... 6/2285 VOR OR GPS RWY 20, AMDT 6...
04/19/96... MS McComb......... McComb-Pike 6/2335 NDB OR GPS RWY 15, AMDT 4...
County-John E.
Lewis Field.
04/19/96... MS McComb......... McComb-Pike 6/2336 LOC RWY 15, AMDT 6...
County-John E.
Lewis Field.
04/19/96... NE Cozad.......... Codaz Muni..... 6/2329 VOR OR GPS RWY 13, AMDT 1...
04/19/96... NE Fairmont....... Fairmont State 6/2331 NDB OR GPS RWY 35, AMDT 1...
Airfield.
04/19/96... NE Gothenburg..... Quinn Field.... 6/2327 VOR OR GPS-AMDT 1...
04/19/96... NE Gothenburg..... Quinn Field.... 6/2328 NDB OR GPS RWY 32, AMDT 1...
04/19/96... NE Kimball........ Kimball Muni/ 6/2330 NDB OR GPS RWY 28, ORIG...
Robert E Arraj
Field.
04/19/96... NE Lincoln........ Lincoln Muni... 6/2322 ILS RWY 17R, AMDT 6...
04/19/96... NE Lincoln........ Lincoln Muni... 6/2323 ILS RWY 35L, AMDT 11...
04/19/96... NE Lincoln........ Lincoln Muni... 6/2324 VOR OR GPS RWY 17L, AMDT 6...
04/19/96... NE Lincoln........ Lincoln Muni... 6/2325 VOR OR GPS RWY 17R, AMDT 11...
04/19/96... NE Lincoln........ Lincoln Muni... 6/2326 NDB OR GPS RWY 35L, AMDT 8...
04/22/96... KS Topeka......... Forbes Field... 6/2380 VOR/DME OR TACAN OR GPS RWY 21, AMDT
6...
04/22/96... IA Maquoketa...... Maquoketa Muni. 6/2388 RNAV OR GPS RWY 33, ORIG...
04/22/96... IA Maquoketa...... Maquoketa Muni. 6/2390 NDB OR GPS RWY 15, AMDT 2...
04/22/96... IA Marshalltown... Marshalltown 6/2402 VOR OR GPS RWY 30, AMDT 7...
Muni.
04/22/96... KS Topeka......... Forbes Field... 6/2378 ILS RWY 31, AMDT 8...
[[Page 25141]]
04/22/96... KS Topeka......... Forbes Field... 6/2379 VOR/DME OR TACAN RWY 3, AMDT 5...
04/22/96... KS Topeka......... Forbes Field... 6/2383 RNAV RWY 13, AMDT 3...
04/22/96... KS Topeka......... Forbes Field... 6/2384 NDB OR GPS RWY 31, AMDT 7...
04/22/96... KS Topeka......... Forbes Field... 6/2386 NDB OR GPS RWY 13, AMDT 5...
04/22/96... LA Homer.......... Homer Muni..... 6/2403 GPS RWY 30, ORIG...
04/22/96... MO Kansas City.... Kansas City 6/2396 NDB RWY 19, AMDT 16B...
Downtown.
04/22/96... MO Kansas Cith.... Kansas City 6/2399 VOR OR GPS RWY 19, AMDT 18...
Downtown.
04/22/96... MO St Joseph...... Rosecrans 6/2397 NDB OR GPS RWY 35, AMDT 28A...
Memorial.
04/22/96... MO St Joseph...... Rosecrans 6/2398 ILS RWY 34, AMDT 29A...
Memorial.
04/24/96... TN Nashville...... Nashville Intl. 6/2434 ILS RWY 2L AMDT 7...
04/24/96... VA Winchester..... Winchester 6/2447 LOC RWY 32 AMDT 3A...
Regional.
04/25/96... IA Sioux City..... Sioux Gateway.. 6/2503 VOR/DME RNAV RWY 17, ORIG...
04/25/96... MO Point Lookout.. M. Graham Clark 6/2499 VOR/DME RNAV OR GPS RWY 23, AMDT 2...
04/25/96... NM Zuni Pueblo.... Zuni Pueblo/ 6/2481 GSP RWY 7, ORIG...
Black Rock.
04/26/96... MO Kansas City.... Richards-Gebaur 6/2536 ILS 1, RWY 36, AMDT 3...
Memorial.
04/30/96... MD Fredreick...... Frederick Muni. 6/2613 GPS RWY ORIG...
04/01/96... WI Sparti......... Fort McCoy..... 6/2629 NDB OR GPS RWY 29 AMDT 1...
04/26/96... OH Port Clinton... Carl R. Keller 6/2539 GPS RWY 27 ORIG...
Field.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 96-12640 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-12639 Standard Instrument Approach Procedures; Miscellaneous Amendments
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25141-25142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12639]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 97
[Docket No. 28566; Amdt. No. 1728]
Standard Instrument Approach Procedures; Miscellaneous Amendments
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment establishes, amends, suspends, or revokes
Standard Instrument Approach Procedures (SIAPs) for operations at
certain airports. These regulatory actions are needed because of the
adoption of new or revised criteria, or because of changes occurring in
the National Airspace System, such as the commissioning of new
navigational facilities, addition of new obstacles, or changes in air
traffic requirements. These changes are designed to provide safe and
efficient use of the navigable airspace and to promote safe flight
operations under instrument flight rules at the affected airports.
DATES: An effective date for each SIAP is specified in the amendatory
provisions.
Incorporation by reference-approved by the Director of the Federal
Register on December 31, 1980, and reapproved as of January 1, 1982.
ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
For Examination--
1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
2. The FAA Regional Office of the region in which the affected
airport is located; or
3. The Flight Inspection Area Office which originated the SIAP.
For Purchase--Individual SIAP copies may be obtained from:
1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
2. The FAA Regional Office of the region in which the affected
airport is located.
By Subscription--Copies of all SIAPs, mailed once every 2 weeks,
are for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Paul J. Best, Flight Procedures Standards Branch (AFS-420), Technical
Programs Division, Flight Standards Service, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-8277.
SUPPLEMENTARY INFORMATION: This amendment to part 97 of the Federal
Aviation Regulations (14 CFR part 97) establishes, amends, suspends, or
revokes Standard Instrument Approach Procedures (SIAPs). The complete
regulatory description of each SIAP is contained in official FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and Sec. 97.20 of the Federal Aviation
Regulations (FAR). The applicable FAA Forms are identified as FAA Form
8260-5. Materials incorporated by reference are available for
examination or purchase as stated above.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained in FAA form documents is
unnecessary. The provisions of this amendment state the affected CFR
(and FAR) sections, with the types and effective dates of the SIAPs.
This amendment also identifies the airport, its location, the procedure
identification and the amendment number.
This amendment to part 97 is effective upon publication of each
separate SIAP as contained in the transmittal. The SIAPs contained in
this amendment are based on the criteria contained in the United States
Standard for Terminal Instrument Approach Procedures (TERPS). In
developing these SIAPs, the TERPS criteria were applied to the
[[Page 25142]]
conditions existing or anticipated at the affected airports.
The FAA has determined through testing that current non-localizer
type, non-precision instrument approaches developed using the TERPS
criteria can be flown by aircraft equipped with Global Positioning
System (GPS) equipment. In consideration of the above, the applicable
Standard Instrument Approach Procedures (SIAPs) will be altered to
include ``or GPS'' in the title without otherwise reviewing or
modifying the procedure. (Once a stand alone GPS procedure is
developed, the procedure title will be altered to remove ``or GPS''
from these non-localizer, non-precision instrument approach procedure
titles.) Because of the close and immediate relationship between these
SIAPs and safety in air commerce, I find that notice and public
procedure before adopting these SIAPs are, impracticable and contrary
to the public interest and, where applicable, that good cause exists
for making some SIAPs effective in less than 30 days.
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is no a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports, Navigation (Air).
Issued in Washington, DC on May 3, 1996.
Thomas C. Accardi,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me, part 97 of
the Federal Aviation Regulations (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures, effective at 0901 UTC on the dates specified, as
follows:
PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES
1. The authority citation for part 97 is revised to read as
follows:
Authority: 49 U.S.C. 40103, 40113, 40120, 44701; 49 U.S.C.
106(g); and 14 CFR 11.49(b)(2).
2. Part 97 is amended to read as follows:
Secs. 97.23, 97.27, 97.33, 97.35 [Amended]
By amending: Sec. 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec. 97.27 NDB, NDB/DME; Sec. 97.33 RNAV SIAPs; and Sec. 97.35
COPTER SIAPs, identified as follows:
* * * Effective June 20, 1995
Mountain Home, AR, Baxter County Regional, VOR/DME RNAV or GPS RWY
5, Amdt IA CANCELLED
Mountain Home, AR, Baxter County Regional, VOR/DME RNAV RWY 5, Amdt
IA Paragould, AR, Kirk Field, VOR or GPS RWY 4, Amdt 3A CANCELLED
Paragould, AR, Kirk Field, VOR RWY 4, Amdt 3A
Vacaville, CA, Nut Tree, RNAV or GPS RWY 20, Amdt 1 CANCELLED
Vacaville, CA, Nut Tree, RNAV RWY 20, Amdt 1
Harrisburg, IL, Harrisburg-Raleigh, NDB or GPS RWY 24, Amdt. 9
CANCELLED
Harrisburg, IL, Harrisburg-Raleigh, NDB RWY 24, Amdt. 9
Winfield/Arkansas City, KS, Strother Field, NDB or GPS RWY 35, Amdt.
3A CANCELLED
Winfield/Arkansas City, KS, Strother Field, NDB, RWY 35, Amdt. 3A
Houma, LA, HounaTerrebonne, NDB or GPS RWY 18, Amdt. 4A CANCELLED
Houma, LA, HounaTerrebonne, NDB RWY 18, Amdt. 4A
Corinth, MS, Roscoe Turner, NDB or GPS RWY 17, Amdt. 8 CANCELLED
Corinth, MS, Roscoe Turner, NDB RWY 17, Amdt. 8
Portales, NM, Portales Muni, NDB or GPS RWY 1, Orig. CANCELLED
Portales, NM, Portales Muni, NDB RWY 1, Orig.
Alice, TX, Alice Intl, VOR or GPS RWY 31, Amdt. 11 CANCELLED
Alice, TX, Alice Intl, VOR RWY 31, Amdt. 11
Alpine, TX, Alpine-Casparis Municipal, NDB or GPS RWY 19, Amdt. 5
CANCELLED
Alpine, TX, Alpine-Casparis Municipal, NDB RWY 19, Amdt. 5
Ballinger, TX, Bruce Field, NDB or GPS RWY 35, Amdt. 1 CANCELLED
Ballinger, TX, Bruce Field, NDB RWY 35, Amdt. 1
Houston, TX, Houston Gulf, VOR or GPS RWY 31, Amdt 1A CANCELLED
Houston, TX, Houston Gulf, VOR RWY 31, Amdt 1A
Monahans, TX, Roy Hurd Memorial, VOR/DME or GPS RWY 12, Amdt. 1
CANCELLED
Monahans, TX, Roy Hurd Memorial, VOR/DME RWY 12, Amdt. 1
Palestine, TX, Palestine Muni, NDB or GPS RWY 35, Amdt. 7 CANCELLED
Palestine, TX, Palestine Muni, NDB RWY 35, Amdt. 7
Fond Du Lac, WI, Fond Du Lac County, VOR/DME or GPS RWY 36, Amdt. 6
CANCELLED
Fond Du Lac, WI, Fond Du Lac County, VOR/DME RWY 36, Amdt. 6
Sparta, WI, Sparta/Fort Mc Coy, NDB or GPS RWY 29, Amdt. 1 CANCELLED
Sparta, WI, Sparta/Fort Mc Coy, NDB RWY 29, Amdt. 1
Summersville, WV, Summersville, NDB or GPS RWY 4, Amdt. 2 CANCELLED
Summersville, WV, Summersville, NDB RWY 4, Amdt. 2
[FR Doc. 96-12639 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 96-12626 Outer Continental Shelf Air Regulations Offset Remand
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25149-25151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12626]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 55
[FRL-5504-4]
RIN 2060-AG40 and AG39
Outer Continental Shelf Air Regulations Offset Remand
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is revising the outer continental shelf (OCS)
regulations in response to a decision by the U.S. Court of Appeals for
the District of Columbia Circuit. The OCS regulations establish air
pollution control requirements for certain sources located on the OCS.
On September 4, 1992, EPA promulgated the OCS regulations, which,
in part, set up special offset requirements for OCS sources located
within 25 miles of the States' seaward boundaries (the 25-mile limit).
The Santa Barbara County Air Pollution Control District filed a
petition for review of the regulations on several issues, including the
special offset provisions. Upon review, the court found that the
special offset provisions departed from the Clean Air Act directive,
vacated the regulation in part, and remanded it to EPA for further
consideration.
By this action, EPA is revising the OCS regulations to delete the
special offset provisions and to require that for sources located
within the 25-mile limit, offset requirements apply as they are
required in the corresponding onshore area (COA). The EPA is
promulgating these revisions as an interim final regulation and is
requesting comments on the revisions. The revisions will be in effect
during the interim period while EPA receives, reviews and responds to
any comments.
DATES: These rules shall be effective as of May 20, 1996. Written
comments on this action must be received by EPA at the address below on
or before June 19, 1996.
ADDRESSES: The public docket for this action is available for public
inspection and copying between 8:00 a.m. and 4:00 p.m., Monday through
Friday, at the Air and Radiation Docket and Information Center (6101),
Attention Docket A-95-06, South Conference Center, Room 4, 401 M
Street, SW, Washington, DC 20460. A reasonable fee for copying may be
charged.
FOR FURTHER INFORMATION CONTACT: Mr. David Stonefield, U.S. EPA, MD-15,
Research Triangle Park, NC 27711, telephone (919) 541-5350.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
The Clean Air Act Amendments of 1990 (Act) (Pub. L. 101-549, 104
Stat. 2399 (1990)) added section 328 to the Act and transferred
authority to regulate sources on part of the OCS from the Department of
the Interior (DOI) to EPA. The DOI retained the authority to regulate
OCS sources in the Gulf of Mexico west of 87.5 degrees longitude. As to
the remaining portions of the OCS--the Atlantic, Pacific, and Arctic
coasts and the Gulf of Mexico east of 87.5 degrees--section 328
requires EPA
[[Page 25150]]
to establish requirements for the control of air pollution from OCS
sources, to attain and maintain Federal and State ambient air quality
standards, and to comply with the provisions of part C of title I of
the Act. For sources within 25 miles of the States' seaward boundaries,
those requirements must be ``the same as would be applicable if the
source were located in the [COA]. * * *'' For sources beyond the 25-
mile limit, the Administrator has discretion in determining the
requirements. The EPA proposed (56 FR 63774, December 5, 1991) and
promulgated (57 FR 40792, September 4, 1992) regulations to implement
the requirements of section 328. Among other things, EPA said that it
would require OCS sources to meet the requirements of the operating
permits regulations (40 CFR part 71) and the enhanced monitoring
regulations when promulgated.
B. Offset Provisions
Generally, in nonattainment areas, a new source or existing source
undergoing modification which results in increased emissions must
secure emission reductions of an equal or greater amount from existing
sources in that area to ``offset'' its new emissions. In promulgating
the OCS regulations, EPA required that OCS sources obtain offsets based
on the requirements imposed in the COA and in accordance with special
offset requirements for OCS sources that EPA established in 40 CFR
55.5(d). The EPA set up three zones based upon where the offsets were
obtained and applied the offset program differently in each. Offsets
obtained seaward of the proposed source, zone 1, are subject to the
requirements of the COA including any distance penalty or discount.
Offsets obtained between the proposed source and the State's seaward
boundary, zone 2, are subject to the offset ratio of the COA but not
any distance discounting or penalties. Offsets obtained on the landward
side of the State's seaward boundary, zone 3, are subject to the
requirements of the COA including any distance penalty or discount, but
the proposed source is assumed to be located at the State's seaward
boundary (40 CFR 55.5(d) and 57 FR 40796).
C. Judicial Review
In November 1992, the Santa Barbara County Air Pollution Control
District (APCD) filed a petition for review of the OCS rule in the
Court of Appeals for the District of Columbia Circuit, claiming, among
other things, that section 328 of the Act requires that the offset
provision applicable to OCS sources must be the same as those that
apply within the COA (Santa Barbara County Air Pollution Control
District v. EPA, 31 F.3d 1179 (D.C. Cir. 1994)). The Santa Barbara
County APCD claimed EPA overstepped the statutory boundaries by
limiting the application of the COA offset provision with Federal
requirements. On August 12, 1994, the Court of Appeals vacated the
offset portion of the OCS regulations as it applied to zones 2 and 3,
finding that EPA should promulgate the same offset requirements for OCS
sources as would be applicable if the OCS sources were located in the
COA. The court remanded the provision to EPA for further consideration.
Another issue raised by the Santa Barbara County APCD petition
involved EPA's prohibition on the delegation of the authority to
implement and enforce the OCS regulations with respect to sources
located beyond the 25-mile limit. Pursuant to a request for a voluntary
remand, the court remanded this issue to EPA for reconsideration on
February 10, 1994. Elsewhere in today's Federal Register, EPA is
proposing revisions to the OCS regulations to delete that prohibition.
II. Revisions to the Regulations
By this action, EPA is addressing the court's August 12, 1994
decision by revising the offset provision that applies to OCS sources.
The EPA is revising section 55.5(d) of the OCS regulations to provide:
Offset requirements. Offsets shall be obtained based on the
applicable requirements of the COA, as set forth in Secs. 55.13 and
55.14 of this part.
The EPA will delete the final clause of current Sec. 55.5(d) and
the text of subparagraphs (1)-(7), which placed limitations on the
application of the offset requirements of the COA.
In accordance with the provisions of the Administrative Procedure
Act (APA), EPA is invoking the good cause exception in taking this
final action without prior notice and an opportunity for comment (5
U.S.C. 553(b)(B); Shell Oil Co. v. EPA, 950 F.2d 741, 752 (DC Cir.
1991); Mid-Tex Elec. Co-op., Inc. v. FERC, 822 F.2d 1123, 1131-34 (DC
Cir. 1987)). Because the court has vacated the existing regulations as
they apply to zones 2 and 3, there is a gap in continuity of the
regulation. The EPA believes good cause exists to make this action
final prior to providing an opportunity for notice and comment because
such a procedure is unnecessary in light of the court's holding. The
court decision clearly indicates that EPA was not entitled to interpret
section 328 so as to allow a different application of offsets from what
the COA's regulations provide. The court found that there is a clear
statutory mandate which EPA should have followed. Since there is no
judgment involved in the application of this provision, notice-and-
comment rulemaking is unnecessary. Furthermore, because of the gap in
continuity of the regulations, it is not practicable to cause notice
and an opportunity for public hearing prior to filling the gap, and it
is not in the public interest to do so since the gap could cause
confusion and delay with respect to permitting.
Finally, for the same reasons articulated above, EPA is invoking
the good cause exception to make this action effective immediately upon
publication (APA, 5 U.S.C. 553(d)(3)).
Although EPA is invoking the good cause exception to make this
action final without prior notice and opportunity for comment, EPA is
providing the public with the opportunity to comment on this interim
final action. Therefore, the final action is ``interim'' because EPA
will reevaluate its decision in light of any comments received during
the comment period and take a subsequent final action.
Appendix A to 40 CFR 55 identifies the State and local requirements
incorporated into EPA's OCS regulations. Section 55.12 requires EPA to
update appendix A to maintain consistency with onshore regulations.
During the next consistency review for each area, EPA will incorporate
any additional offset requirements necessary to comply with the
requirements of these revisions.
IV. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866, the Agency must determine whether the
regulatory action is significant and therefore subject to review by the
Office of Management and Budget (OMB) and the requirements of the
Executive Order. The Order defines significant regulatory action as one
that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety of State,
local, or tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees,
[[Page 25151]]
or loan programs or the rights and obligations of recipients thereof;
or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It is estimated that the upper bound for the economic impact of
these revisions to the OCS rules is between $520,000 and $1,120,000 per
year. However, pursuant to the terms of Executive Order 12866, OMB has
determined that the revisions to the OCS rules are ``significant''
because the OCS sources would be regulated by two Federal agencies, EPA
and DOI. As such, this action was submitted to OMB for review. Changes
made in response to OMB suggestions or recommendations are documented
in the public record.
B. Unfunded Mandates Act
Section 202 of the Unfunded Mandates Act of 1995 requires that EPA
prepare a budgetary impact statement before promulgating a rule that
includes a Federal mandate that may result in expenditures by State,
local, and tribal governments, in aggregate, or by the private sector,
of $100 million or more in any 1 year. Section 203 requires EPA to
establish a plan for obtaining input from, informing, educating, and
advising any small governments that may be significantly or uniquely
affected by the rule.
Under section 205 of the Unfunded Mandates Act, EPA must identify
and consider a reasonable number of regulatory alternatives before
promulgating a rule for which a budgetary impact statement must be
prepared. The EPA must select from those alternatives the least costly,
most cost-effective, or least burdensome alternative that achieves the
objective of the rule, unless EPA explains why a particular alternative
is not selected or the selection of a particular alternative is
inconsistent with law.
Because this interim final rule does not impose any new mandates on
State, local, or tribal governments, and the rule is estimated to
result in the expenditures by State, local, and tribal governments or
the private sector of less than $100 million in any 1 year, EPA has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, EPA is not required to develop a plan
with regard to small governments. However, EPA will work with State and
local air pollution control agencies that have received delegation of
authority to implement and enforce the OCS regulations.
C. Paperwork Reduction Act
These rule revisions do not contain any information collection
requirements subject to review by the OMB under the Paperwork Reduction
Act of 1980, 44 U.S.C. 3501, et seq.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) of 1980 requires Federal
agencies to identify potentially adverse impacts of Federal rules upon
small entities. Small entities include small businesses, organizations,
and governmental jurisdictions. In instances where significant economic
impacts are possible on a substantial number of these entities,
agencies are required to perform a regulatory flexibility analysis.
Furthermore, EPA Guidelines for Implementing the Regulatory Flexibility
Act, issued on April 9, 1992, require the Agency to determine whether
regulations will have any economic impacts on small entities. As
explained in the September 4, 1992 final rule (57 FR 40792), the OCS
regulations do not apply to any small entities. Therefore, these
revisions to the OCS regulations neither impose any requirements on
small entities, nor require or exclude small entities from meeting the
requirements of the OCS regulations. As a result, EPA has determined
that these revisions will not have a significant impact on a
substantial number of small entities.
Therefore, as required under section 605 of the RFA, 5 U.S.C. 605,
I certify that these revisions do not have a significant impact on a
substantial number of small entities.
List of Subjects in 40 CFR Part 55
Environmental protection, Administrative practice and procedures,
Air pollution control, Continental shelf, Intergovernmental relations,
Nitrogen oxides, Ozone, Permits, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: May 13, 1996.
Carol M. Browner.
Administrator.
For reasons set out in the preamble, 40 CFR part 55 is revised and
amended as set forth below.
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS
1. The authority citation for part 55 continues to read as follows:
Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401, et
seq.) as amended by Public Law 101-549.4
2. Section 55.5 is amended by revising paragraph (d) to read as
follows:
Sec. 55.5 Corresponding onshore area designation.
* * * * *
(d) Offset requirements. Offsets shall be obtained based on the
applicable requirements of the COA, as set forth in Secs. 55.13 and
55.14 of this part.
* * * * *
[FR Doc. 96-12626 Filed 5-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12623 Tuberculosis in Cattle, Bison, and Cervids; Payment of Indemnity
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25135-25138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12623]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and
Regulations
[[Page 25135]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 50 and 77
[Docket No. 94-133-2]
Tuberculosis in Cattle, Bison, and Cervids; Payment of Indemnity
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, with one change, an interim
rule that amended the regulations to provide for the payment of
indemnity for cervids destroyed because of tuberculosis, and to provide
for the payment of indemnity for cattle, bison, and cervids found to
have been exposed to tuberculosis by reason of association with any
tuberculous livestock. The interim rule was necessary to encourage
owners to rapidly remove cattle, bison, and cervids affected with and
exposed to tuberculosis from their herds. Rapid removal of such cattle,
bison, and cervids will help protect other cattle, bison, and cervids
from tuberculosis and will facilitate tuberculosis eradication efforts
in the United States. The interim rule also amended the regulations to
deny claims for indemnity for depopulation of cattle, bison, and cervid
herds unless other exposed livestock in the herd have been destroyed.
This action was necessary to help ensure that when cattle, bison, and
cervids in a herd are depopulated, other livestock do not remain as
potential sources of infection when the owner restocks the herd with
healthy animals.
EFFECTIVE DATE: June 19, 1996.
FOR FURTHER INFORMATION CONTACT: Dr. Mitchell A. Essey, Senior Staff
Veterinarian, Cattle Diseases and Surveillance, VS, APHIS, Suite 3B08,
4700 River Road Unit 36, Riverdale, MD 20737-1231, (301) 734-8715.
SUPPLEMENTARY INFORMATION:
Background
Bovine tuberculosis (referred to below as tuberculosis) is a
serious communicable disease of cattle, bison, and other species,
including humans, caused by Mycobacterium bovis. Tuberculosis causes
weight loss, general debilitation, and sometimes death. The regulations
in 9 CFR part 50 provide for payment of Federal indemnity to owners of
certain cattle, bison, or swine destroyed because of tuberculosis.
In an interim rule effective and published in the Federal Register
on July 24, 1995 (60 FR 37804-37810, Docket No. 94-133-1), the Animal
and Plant Health Inspection Service (APHIS) amended the tuberculosis
regulations in 9 CFR part 50 to provide for the payment of indemnity
for cervids destroyed because of tuberculosis, at rates not to exceed
$750 for any reactor cervid and $450 for any exposed cervid. In
conjunction with this action, we amended the regulations to make the
provisions that apply to cattle and bison also apply to cervids, where
appropriate. These provisions include recordkeeping, procedures for
claiming indemnity, and claims not allowed.
These provisions also include identification of reactor and exposed
cervids to be moved interstate to slaughter. The interim rule required
that reactor cervids be identified by branding the letter ``T'' high on
the left hip near the tailhead and at least 5 by 5 centimeters (2 by 2
inches) in size and by attaching to the left ear an approved metal
eartag bearing a serial number and the inscription ``U.S. Reactor'', or
a similar State reactor tag; and that exposed cervids be identified by
branding the letter ``S'' high on the left hip near the tailhead and at
least 5 by 5 centimeters (2 by 2 inches) in size and by attaching to
the left ear an approved metal eartag bearing a serial number. As an
alternative to branding, we allowed exposed cervids to be moved
interstate to slaughter without branding if they are either accompanied
directly to slaughter by an APHIS or State representative or moved
directly to slaughter in vehicles closed with official seals applied
and removed by an APHIS representative, State representative,
accredited veterinarian, or an individual authorized for this purpose
by an APHIS representative. For reactor cervids, we allowed the same
movement without branding as for exposed cervids, if the reactors are
identified by a ``TB'' tattooed on the left ear and with yellow paint
sprayed on the left ear.
We also amended the regulations to provide for the payment of
indemnity for cattle, bison, and cervids found to have been exposed to
tuberculosis by reason of association with any tuberculous livestock,
not just by reason of association with tuberculous cattle and bison.
Finally, we amended the regulations to deny claims for indemnity for
depopulation of cattle, bison, and cervid herds unless other exposed
livestock in the herd have been destroyed.
Comments on the interim rule were required to be received on or
before September 22, 1995. We received 50 comments by that date. They
were from cervid producers and cervid producer associations, other
livestock producers, veterinary associations, and animal welfare
groups. Forty-eight of the comments supported the interim rule without
change; two were opposed to the interim rule. The objections raised by
the two comments opposed to the rule are discussed below.
Both of the opposing comments were against the interim rule because
it concerns the farming of cervids, and the commenters oppose any
activities involving the confinement and breeding of wild animals. One
commenter stated that ``by offering to pay businesses to slaughter off
those captive cervids who test positive for tuberculosis, or who are
exposed to the disease, APHIS, in fact, ensures that the confinement
and breeding of cervids shall not only continue, but also become more
profitable, and, inevitably, more widespread.''
The commenters gave two reasons for objecting to the farming of
cervids. One is that they claim the farming of wildlife is ecologically
irresponsible. They argue that cervids do not have a long history of
domestication and breeding for docility, making them ill-suited for
captivity; and, the existence of deer farms encourages the public to
view wildlife as private property, undermining efforts to protect
wildlife in its natural habitat. The second reason is that they claim
the farming of wildlife is epidemiologically unwise because it
[[Page 25136]]
facilitates disease transfer between wild and domestic species. We have
made no changes based on these comments.
The practice of raising deer and elk for agricultural purposes has
existed for thousands of years and is considered an established and
legitimate agricultural activity. Deer have been farmed in China since
before 3000 B.C. The Romans were active game ranchers, and deer and elk
farming is today a standard agricultural practice in Europe. Breeding
and production of deer, elk, and other cervids has taken place in the
United States since at least the 1930's.
It is true that the last 20 years has seen a marked increase in the
number of captive cervid farms and ranches. There are currently more
than 1,600 deer and elk owners in the United States, raising about
250,000 head. This may account for the increase in the number of M.
bovis cases discovered in captive cervid herds in the last decade. It
is not APHIS' mission, nor is it within our authority, to prohibit what
is considered a legitimate agricultural practice. If APHIS were to
ignore discoveries of tuberculosis in captive cervids, the consequences
for all U.S. livestock, and for wild cervids and other wildlife that
can contract tuberculosis, would be devastating. The mission of APHIS
is to ensure the health of all livestock in the United States. The
indemnity paid to ranchers who must sacrifice tuberculous livestock is
not enough to help make their businesses more profitable--the slaughter
of diseased livestock always results in monetary loss to an owner. The
payment may enable the ranchers to restock their herds, but also will
encourage owners who may not otherwise depopulate a tuberculous herd
for fear of monetary loss to slaughter their animals knowing they will
receive partial compensation. The payment of indemnity to owners of
reactor and exposed cervids is very important not only to achieve
tuberculosis-free herds of captive cervids, but for the health of all
U.S. livestock and for the health of U.S. wildlife.
One of the opposing commenters asked that, if APHIS does choose to
make the interim rule final, we amend it to eliminate the need for
branding by requiring that all reactor and exposed cervids moved
interstate to slaughter be accompanied by an APHIS or State
representative or be moved in vehicles closed with official seals
applied and removed by an APHIS representative, a State representative,
an accredited veterinarian, or an individual authorized for this
purpose by an APHIS representative. We have made no changes based on
this comment.
It is our belief that most cervid owners will choose to move their
animals to slaughter without branding using one of the options provided
in the interim rule. Branding a herd of livestock is time-consuming,
difficult, and costly because of the effort and personnel needed to
restrain each animal. This is even more true for cervids than for other
livestock because, as one commenter pointed out, cervids are powerful,
flighty, and easily frightened animals requiring firmer restraint than
most domesticated cattle and posing a safety risk to anyone handling
them. It is far easier to simply herd the animals into a truck which is
then sealed by the APHIS representative, State representative, or
accredited veterinarian who identified the herd. However, there are
always circumstances under which it is impractical or unfeasible for
owners to move their animals in this manner, such as lack of a proper
vehicle, unavailability of APHIS or State personnel, or inability to
market the animals immediately. Under such circumstances, it would be
necessary for owners to have the cervids branded.
The commenter further asked that, if we do not make the change
requested above, we amend the interim rule by replacing the requirement
that cervids be marked with a hot-iron brand with a requirement that
allows for any method of marking (specifically, freeze-branding) that
produces permanence and legibility by the time of an animal's shipment
to slaughter, even if the mark is not instantly recognizable upon
application. We have made no changes based on this comment.
This rulemaking concerns animals that have responded to a test for
tuberculosis, or are known to have been exposed to an animal that has
responded to a test for tuberculosis. Because tuberculosis is such a
destructive disease, it is imperative that such animals be either
identified immediately or moved to slaughter in such a manner that
there is no significant risk the animals will be diverted from their
destination. For this reason we did not propose to allow marking
methods (such as freeze-branding) that are not instantly recognizable
for identifying tuberculosis reactor and exposed cervids. The necessity
for an instantly recognizable mark is so that the animals are not
unknowingly commingled with healthy animals after they leave the
premises where they were identified for slaughter. Even if the
``instantly recognizable'' requirement were to be waived to allow
freeze-branding, the owners of reactor or exposed cervids would have to
keep those animals under quarantine for the 18-21 days that it takes
for the mark to become visible. That extra time on the farm would
increase the chances that healthy animals might become exposed or
infected. A central goal of the tuberculosis eradication program is to
identify diseased animals and get them away from other animals before
the disease can spread. To require the animals to be kept on the farm
runs counter to that goal. The owners of the quarantined cervids would
also be subject to economic losses associated with feeding and caring
for the animals, potential decreases in market prices, and animals
dying before sale.
The commenter pointed out that the tattoo mark that the interim
rule allows for reactor cervids moved to slaughter in sealed vehicles
is instantly recognizable, and that we should allow this method of
marking for exposed cervids, as well. The tattoo mark in the ear of
reactor cervids moved to slaughter in a sealed vehicle is an added
precaution to ensure that a tuberculosis reactor is not sold for any
purpose other than slaughter.
There are problems with tattooing that prevent us from offering it
as a general alternative to branding for all disease-affected animals.
One is that the tattoo must be on skin (not hair) in order to be
legible. We have chosen the inside of the ear as the most accessible
and reliable area on which to place a tattoo. However, unlike a brand,
which can be applied and spotted more easily, the animal's head must be
restrained in order to tattoo the ear, and in order to see the tattoo
at a later time. Yellow paint on the ear can help identify an animal
which has a ``TB'' tattoo, but it is not foolproof, as paint can wear
or rub off. For these reasons, we have chosen to confine the use of a
tattoo as disease identification to tuberculosis reactors that are
moved to slaughter in sealed vehicles.
Miscellaneous Change
As stated previously, the interim rule required that reactor
cervids be identified by a brand and by attaching to the left ear an
approved metal eartag bearing a serial number and the inscription
``U.S. Reactor'', or similar State reactor tag; and that exposed
cervids be identified by a brand and by attaching to the left ear an
approved metal eartag bearing a serial number. We recently published a
final rule that required the same identification for tuberculosis
reactor and exposed cattle and bison (Docket No. 95-006-2, 60 FR 48362-
48369, published September 19, 1995).
[[Page 25137]]
Although not mentioned in any comments we received on this interim
rule or on the final rule for cattle and bison, it has nevertheless
come to our attention that the requirement that exposed cattle, bison,
and cervids be tagged on the left ear needs to be revised to allow the
eartag to be attached to either ear. The eartag attached to reactor
cattle, bison, and cervids bears the inscription ``U.S. Reactor'', and
has historically been attached to the left ear to help quickly
differentiate reactors from other cattle, bison, and cervids. The
eartag attached to exposed cattle, bison, and cervids is not a special
eartag, but is the same eartag used to identify any animal that has
been tested for tuberculosis. Historically, we have not specified to
which ear the tag should be attached, and in some cases, it has been
policy to attach all eartags except reactor tags to the right ear.
Veterinarians and cattle, bison, and cervid owners have been used to
attaching non-reactor eartags to either ear, and we have experienced no
problems with this system.
Therefore, to avoid confusion, we are revising the interim rule to
allow exposed cervids to be identified by attaching to either ear an
approved metal eartag bearing a serial number. We are also revising the
regulations in 9 CFR part 50 and part 77, concerning tuberculosis in
cattle and bison, to allow exposed cattle and bison to be identified by
attaching to either ear an approved metal eartag bearing a serial
number.
Therefore, based on the rationale set forth in the interim rule and
in this document, we are adopting the provisions of the interim rule as
a final rule, with the change discussed in this document.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This document makes final an interim rule effective and published
in the Federal Register on July 24, 1995 (60 FR 37804-37810, Docket No.
94-133-1). As part of the interim rule document, we performed an
Initial Regulatory Flexibility Analysis, in which we invited comments
concerning potential effects of the interim rule. We stated that we
were particularly interested in determining the number and kind of
small entities that might incur benefits or costs from implementation
of the rule. None of the comments we received on the interim rule
addressed our Initial Regulatory Flexibility Analysis, and none
provided any information of the type we requested. We have therefore
based this Final Regulatory Flexibility Analysis on the data available
to us.
The interim rule provided for the payment of indemnity for the
destruction of tuberculosis reactor cervids, at the rate of up to $750
per head. The interim rule also provided for the payment of indemnity
for cervids, cattle, or bison that are destroyed because of
tuberculosis after being exposed to any tuberculous livestock, at the
rate of up to $450 per head. These are the same rates currently
provided in the regulations for tuberculosis reactor cattle and bison
and for cattle and bison exposed to tuberculous cattle and bison. The
interim rule was necessary to encourage owners to rapidly remove
cattle, bison, and cervids affected with and exposed to tuberculosis
from their herds, thereby facilitating tuberculosis eradication efforts
in the United States. Depopulation of tuberculous cattle, bison, and
cervids is voluntary.
Cervid producers affected by this rule would be primarily producers
of deer and elk. There are approximately 1,600 deer and elk producers
in the United States, raising about 250,000 head under controlled farm
conditions. Holdings vary in size and degree of commercialization, but
almost all deer and elk producers can be classified as small businesses
(defined by the Small Business Administration as having less than $0.5
million annual gross receipts). However, many producers rely on other
sources of income (such as dairy farming or beef cattle ranching) for
their livelihoods.
In general, elk producers concentrate on building up their herds,
with most newborns retained as breeding stock. However, a fair market
value for a heifer elk is between $4,000 and $5,000. Annual income is
earned from the sale of antlers cut in the velvet stage of growth. The
antlers sell for about $65 per pound, and a single bull elk can produce
an average of 18 pounds of antlers per year, for more than 10 years.
Thus, a gross income of $1,000 or more can be derived per year from a
bull elk.
The value per animal is lower for deer than for elk, and varies by
species. Currently, at private sales, prices for good quality fallow
does and bucks range between $500 and $1,000. Young deer command only
$300 to $500 per head. Slightly lower prices prevail at public
auctions.
Destruction of cervid herds affected with tuberculosis is voluntary
on the part of the owners. The indemnity payments of up to $750 per
head for reactor cervids and up to $450 per head for exposed cervids
will partially compensate cervid producers for lost income incurred by
the destruction of the animals. These indemnity payments could provide
a significant incentive for the owners of these herds to destroy the
tuberculous animals. Although the indemnity payments will not
completely cover the monetary losses resulting from whole herd
depopulation, the payments will significantly reduce losses for deer
and elk producers.
The alternative to the interim rule would have been to take no
action. We did not consider taking no action a reasonable alternative
because, without the economic incentive of Federal compensation for
destroyed animals, owners would be more likely to allow tuberculosis
infection to persist in their herds.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are in conflict with this rule; (2) has no retroactive
effect; and (3) does not require administrative proceedings before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this rule have been approved by the Office of Management
and Budget (OMB) under OMB control number 0579-0084.
List of Subjects
9 CFR Part 50
Animal diseases, Bison, Cattle, Hogs, Indemnity payments, Reporting
and recordkeeping requirements, Tuberculosis.
9 CFR Part 77
Animal diseases, Bison, Cattle, Reporting and recordkeeping
requirements, Transportation, Tuberculosis.
Accordingly, 9 CFR parts 50 and 77 are amended as follows:
[[Page 25138]]
PART 50--ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS
1. The authority citation for part 50 continues to read as follows:
Authority: 21 U.S.C. 111-113, 114, 114a, 114a-1, 120, 121, 125,
and 134b; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 50.6 [Amended]
2. In Sec. 50.6, paragraphs (b) and (e), the words ``the left ear''
are removed from the first sentence of each paragraph and the words
``either ear'' are added in their place.
PART 77--TUBERCULOSIS
3. The authority citation for part 77 continues to read as follows:
Authority: 21 U.S.C. 111, 114, 114a, 115-117, 120, 121, 134b,
and 134f; 7 CFR 2.22, 2.80, and 371.2(d).
Sec. 77.5 [Amended]
4. In Sec. 77.5, paragraph (b)(1), the words ``the left ear'' are
removed and the words ``either ear'' are added in their place.
Done in Washington, DC, this 14th day of May 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-12623 Filed 5-17-96; 8:45 am]
BILLING CODE 3410-34-P
Complete official Federal Register PDF
FR Doc. 96-12569 Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) Contest
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25154-25156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12569]
=======================================================================
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[[Page 25155]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 91
RIN 1018-AD71
Migratory Bird Hunting and Conservation Stamp (Federal Duck
Stamp) Contest
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) revises the
regulations governing the conduct of the annual Migratory Bird Hunting
and Conservation Stamp (Federal Duck Stamp) Contest. The amendments
include the following changes: correct the common and Latin name of
American Green-winged Teal; deadline August 30 for submitting entry;
entrant must be 18 years of age by July 1 to participate in contest;
entry fee increased to $100.00; other living creatures, hunting scenes
may be part of the design; Interior liability limited to amount of
entry fee; third round of voting, judges indicate numerical score from
3 to 5 for each entry; and for tie vote use same method as round three.
EFFECTIVE DATE: The rule is effective July 1, 1996, the beginning of
the 1996-97 contest.
ADDRESSES: Manager of Licensing, Federal Duck Stamp Contest, U.S. Fish
and Wildlife Service, Department of the Interior, 1849 C Street, NW,
Suite 2058, Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT:
Mrs. Lita F. Edwards, (202) 208-4354.
SUPPLEMENTARY INFORMATION: The Service published the proposed rule to
amend these regulations on March 14, 1996 (61 FR 10557).
The Federal Duck Stamp Contest is the only Federal agency-run art
contest and has been in existence since 1949 with the 1950 stamp the
first to be selected in open competition. The Federal Duck Stamp's main
use is a revenue stamp needed by waterfowl hunters. This year's Contest
and species information follows:
1. Contest schedule:
1996-97 Federal Duck Stamp Contest--October 15-17, 1996
Public viewing--Tuesday, October 15 from 10:00 a.m. to 2:00 p.m.
Judging--Wednesday, October 16 at 10:30 a.m. through Thursday, October
17 at 9:00 a.m.
2. The Contest will be held at the Department of the Interior
building, Auditorium (C Street entrance), 1849 C Street, NW,
Washington, DC.
3. The five eligible species for the Contest: (1) Black Duck; (2)
Canada Goose; (3) Greater Scaup; (4) American Green-winged Teal; and
(5) Northern Pintail.
As part of an effort to keep pace with the cost of administering
and making minor improvements to the Contest, the Service makes the
following changes to this year's contest:
1. The Service corrects the common and Latin name of American
Green-winged Teal.
2. Persons wishing to enter this year's Contest may submit entries
anytime after July 1, but all entries must be postmarked no later than
midnight Friday, August 30, 1996.
3. The Service increases the fee for art contest entrants to
$100.00. Contest expenses have escalated each year and this increase
will defray Service expenses in administering the Contest.
4. The Service requires that all entrants must be 18 years of age
as of July 1 to participate in the Contest, as 18 is considered the
general age of majority by most jurisdictions.
5. The Service clarifies that other living creatures, scenes,
designs may be part of the design as long as living migratory birds are
the dominant feature.
6. Each contestant is responsible for obtaining adequate insurance
coverage for his/her entry. The Department of the Interior is not
responsible for loss or damage unless it is caused by its negligence,
or willful misconduct and the amount will not exceed the amount of the
entry fee.
7. The Service modifies contest procedures for the third round of
judging to allow more consistent scores.
8. In case of a tie vote, judges will use the same process in
voting as in the third round to ensure consistency in scoring.
This regulation was not subject to Office of Management and Budget
review under Executive Order 12866. These final regulations have been
examined under the Paperwork Reduction Act of 1995 and have been found
to contain no information collection requirements. The Department of
the Interior has determined that this regulation will not have
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) as the
changes/revisions to the Contest will affect individuals not businesses
or other small entities as defined in the Act. The Service received
1,038 entries for the past 2 years. The fee increase to $100.00 per
entrant from $50.00 per entrant represents a $50.00 total increase per
entrant. The 2 year average of entries received is 519. If those
figures remain constant, then approximately $25,000.00 is the estimated
annual increase to the public to participate in the program.
The Service has determined and certifies pursuant to the Unfunded
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
impose a cost of $100 million or more in any given year on local or
State governments or private entities.
Analysis of Public Comment
The Service received no comments from the public on the changes to
the regulations.
List of Subjects in 50 CFR Part 91
Hunting, Wildlife.
Accordingly, Title 50, Part 91 of the Code of Federal Regulations
is amended as follows:
PART 91--[AMENDED]
1. The authority citation for Part 91 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701
2. Section 91.4 is amended by revising paragraph (e)(4) to read as
follows:
Sec. 91.4 Eligible species.
* * * * *
(e) * * *
(4) American Green-winged Teal (Anas crecca carolinensis)
* * * * *
3. Section 91.11 is amended by revising paragraph (b) to read as
follows:
Sec. 91.11 Contest deadlines.
* * * * *
(b) Entries must be postmarked no later than midnight of August 30.
4. Section 91.12 is revised to read as follows:
Sec. 91.12 Contest eligibility.
United States citizens, nationals, or resident aliens are eligible
to participate in the contest. Any person who has won the contest
during the preceding three years will be ineligible to submit an entry
in the current year's contest. All entrants must be 18 years of age as
of July 1 to participate in the Federal Duck Stamp Contest. Contest
judges and their relatives are ineligible to submit an entry. All
entrants must submit a non-refundable fee of $100.00 by a cashiers
check, certified check, or money order made payable to: U.S. Fish and
Wildlife Service. (Personal checks will not be accepted.) All entrants
must submit signed Reproduction Rights and Display and Participation
Agreements.
[[Page 25156]]
5. Section 91.14 is revised to read as follows:
Sec. 91.14 Restrictions on subject matter of entry.
A live portrayal of any bird(s) of the five or fewer identified
eligible species must be the dominant feature of the design. The design
may depict more than one of the eligible species. Designs may include,
but are not limited to, hunting dogs, hunting scenes, use of waterfowl
decoys, National Wildlife Refuges as the background of habitat scenes,
and other designs that depict the sporting, conservation, stamp
collecting and other uses of the stamp. The overall mandate will be to
select the best design that will make an interesting, useful and
attractive duck stamp that will be accepted and prized by hunters,
stamp collectors, conservationists, and others. The design must be the
contestant's original creation and may not be copied or duplicated from
previously published art, including photographs. An entry submitted in
a prior contest that was not selected for the Federal or a state stamp
design may be submitted in the current contest if it meets the above
criteria.
6. Section 91.17 is revised to read as follows:
Sec. 91.17 Property insurance for entries.
Each contestant is responsible for obtaining adequate insurance
coverage for his/her entry. The Department of the Interior will not
insure the entries it receives nor is it responsible for loss or damage
unless it is caused by its negligence or willful misconduct. In any
event, the liability of the Department of the Interior will not exceed
the amount of the entry fee as specified in Sec. 91.12.
7. Section 91.24 is amended by revising paragraphs (h) and (i) to
read as follows:
Sec. 91.24 Contest procedures.
* * * * *
(h) In the third round of judging, the judges will vote on the
remaining entries using the same method as in round two, except they
would indicate a numerical score from 3 to 5 for each entry. The
Contest Coordinator will tabulate the final votes and present them to
the Director, U.S. Fish and Wildlife Service, who will announce the
winning entry as well as the entries that placed second and third.
(i) In case of a tie vote for first, second, or third place in the
third round, the judges will vote again on the entries that are tied.
The judges will vote using the same method as in round three.
* * * * *
Dated: April 25, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-12569 Filed 5-17-96; 8:45 am]
BILLING CODE 4310-55-M
Complete official Federal Register PDF
FR Doc. 96-12544 Flaring or Venting Gas and Burning Liquid Hydrocarbons
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25147-25149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12544]
=======================================================================
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DEPARTMENT OF THE INTERIOR
30 CFR Part 250
RIN 1010-AB96
Flaring or Venting Gas and Burning Liquid Hydrocarbons
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends regulations governing restrictions on flaring
or venting gas to include restrictions on burning liquid hydrocarbons.
MMS made this amendment to clarify that burning liquid hydrocarbons is
allowable only under certain circumstances as approved by the Regional
Supervisor.
EFFECTIVE DATE: This final rule is effective on June 19, 1996.
FOR FURTHER INFORMATION CONTACT:
Sharon Buffington, Engineering and Standards Branch, telephone (703)
787-1600.
SUPPLEMENTARY INFORMATION: On February 17, 1995, MMS published a rule
in the Federal Register (60 FR 9312) that proposed to amend the
requirements at 30 CFR 250.175, flaring and venting of gas, to include
burning liquid hydrocarbons. This rule is necessary because requests to
burn liquid hydrocarbons are increasing, and we determined that we
needed to provide regulatory guidance on burning.
Response to Comments
During the 60-day comment period, MMS received eight comments,
predominately from the oil and gas industry. MMS appreciates the
suggestions and comments that we received. We reviewed all of the
comments, and in some instances, we revised the final language based on
these comments. MMS grouped the comments by the following major issues:
1. In Sec. 250.175(c), MMS proposed that the Regional Supervisor
allow a lessee to burn a ``minimal'' amount of liquid hydrocarbons with
prior approval. Several comments suggested that MMS determine the
absolute value of ``minimal.'' One comment suggested that we create a
table of allowable burn amounts by using distance from shore as the
determining factor. In general, the comments said that the term
``minimal'' is not specific enough.
Response
MMS agrees that, if possible, using an absolute value for the term
``minimal'' would be desirable. However, we feel that it is impractical
to determine an solute value because it depends on many economic,
technical, safety, and environmental factors. Therefore, an amount that
may be prudent to burn in one area may not be acceptable to burn in
another correlative area. Conserving natural resources is a major
consideration in burning liquid hydrocarbons. However, our
determination of the allowable ``minimal'' amount that you can burn
will also depend on technical, safety, and environmental factors.
2. Several comments suggested that storing and transporting or re-
injecting liquid hydrocarbons poses a greater risk than burning them.
Response
MMS agrees that in some cases the alternatives to burning liquid
hydrocarbons may be risky to the environment or personnel. That is the
reason MMS provided the option of showing the Regional Supervisor that
the alternatives are infeasible or pose significant risk. MMS will
evaluate the information that you supply concerning the risks of the
alternatives case by case. Please be assured that the Regional
Supervisor will evaluate your requests to burn hydrocarbons fairly and
promptly by using the information that you supply in your requests.
3. Section 250.175(c)--One comment suggested that MMS rewrite the
first sentence of paragraph (c) because the phrase ``lessees must not
burn liquid hydrocarbons'' may portray a negative bias against burning
liquid hydrocarbons.
Response
MMS did not intend to portray a negative bias against burning
liquid hydrocarbons. Our intent was only to set boundaries on burning
liquid hydrocarbons. However, to avoid any confusion, MMS will restate
the first sentence of paragraph (c) to say that ``Lessees may burn
produced liquid hydrocarbons only if the Regional Supervisor
approves.''
4. Section 250.175(a)(3)--Several comments opposed MMS's changing
the limit on flaring, without prior approval, during well evaluations
and cleaning, to 48 cumulative hours (from 48 continuous hours). The
individuals felt that 48 cumulative hours are not always sufficient
(especially in deep water). Similarly, one comment recommended that MMS
state that the Regional Supervisor has the authority to increase the
flaring limit.
Response
MMS feels that, for environmental and conservation reasons, it
needs to change the term ``continuous'' to ``cumulative'' for flaring
during well evaluations and cleaning operations (without prior
approval). Otherwise, the term ``continuous'' would permit multiple
flarings of up to 48 hours each simply by having a shut-in period
between flarings.
MMS realizes that 48 hours of flaring will not always meet well
testing needs. For these occasions, the Regional Supervisor has the
authority to increase the flaring limit. MMS will continue to evaluate
requests for more than 48 cumulative hours of flaring during well
evaluations or cleaning. However, without prior approval, MMS will only
allow 48 cumulative hours per testing operation on a single completion.
This limit of 48 hours should be adequate to accommodate most
operations.
MMS amended the final rule to clarify that the Regional Supervisor
has the authority to specify a shorter or longer flaring limit. In
addition, the MMS Regions are working on guidelines for extended
testing and flaring for deep water.
5. Section 250.175(a)(2)--One comment recommended that MMS delete
or define ``temporary'' which modified ``situations'' because it is too
vague.
Response
MMS agrees that the term ``temporary'' can be vague, and we deleted
it from the final rule.
6. Section 250.175(c)--One comment recommended that MMS define
``significant risk'' because it is vague.
Response
MMS has changed the phrase to ``significant risk that may harm.''
7. Several comments suggested that MMS mandate the type of burner
that it will permit a lessee to use.
Response
MMS recognizes that many burners exist with widely varying
specifications. However, since technology constantly changes, MMS feels
that it is impractical and too restrictive to mandate an allowable type
of burner. However, the
[[Page 25148]]
Regional Supervisor will take into account the type of burner industry
proposes to use when evaluating requests to burn liquids.
8. Several comments said that lessees can't predict test volumes or
other data that they will need for requests to flare or vent gas and
burn liquids.
Response
We realize that lessees can't precisely predict reservoir data. We
only ask that, as with all other pre-approval requirements, lessees
plan and, to the best of their ability, estimate well test results and
removal alternatives. The Regional Supervisor will work with lessees to
fairly evaluate requests.
Authors. Sharon Buffington and Jo Ann Lauterbach, Engineering
and Technology Division, MMS, prepared this document.
Executive Order (E.O.) 12866
This rule is not a significant rule under E.O. 12866.
Regulatory Flexibility Act
The Department of the Interior (DOI) determined that this rule will
not have a significant effect on a substantial number of small
entities. In general, we do not consider the entities that engage in
offshore activities small due to the technical and financial resources
and experience necessary to safely conduct such activities.
In addition, the DOI determined that this rule is not a major rule
because it will not result in an annual effect on the economy of $100
million or more. Also, this rule will not have significant adverse
effects on competition, employment, investment, productivity, or
innovation. The largest cost to industry is for the cases when the
lessee must transport the liquid hydrocarbons instead of burning them.
Based on the number of well tests, the number of times transportation
would occur, the annual gross cost to industry to transport these
liquid hydrocarbons is $348,000.
Paperwork Reduction Act
The proposed information collection requirement contained in
Sec. 250.175 were approved by the Office of Management and Budget (OMB)
as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
The OMB control number is 1010-0041. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The MMS estimates the public reporting burden for this information
will average 1.5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the date needed, and completing and reviewing the
information collection.
Takings Implication Assessment
The DOI that this rule does not represent a governmental action
capable of interference with constitutionally protected property
rights. Thus, a Takings Implication Assessment does not need to be
prepared pursuant to E.O. 12630, Government Action and Interference
with Constitutionally Protected Property Rights.
Unfunded Mandate Reform Act of 1995
This rule does not contain any unfunded mandates to State, local,
or tribal governments or the private sector.
E.O. 12988
The DOI certified to OMB that this rule meets the applicable civil
justice reform standards provided in Section 3(b)(2) of E.O. 12988.
National Environmental Policy Act
The DOI determined that this action does not constitute a major
Federal action significantly affecting the quality of the human
environment; therefore, an Environmental Impact Statement is not
required.
List of Subjects in 30 CFR Part 250
Continental Shelf, Environmental impact statements, Environmental
protection, Government contracts, Incorporation by reference,
Investigations, Mineral royalties, Oil and gas development and
production, Oil and gas exploration, Oil and gas reserves, Penalties,
Pipelines, Public lands--mineral resources, Public lands--rights-of-
way, Reporting and recordkeeping requirements, Sulphur development and
production, Sulphur exploration, Surety bonds.
Dated: March 13, 1996.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons set forth above, MMS is amending 30 CFR part 250 as
follows:
PART 250--OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 250 continues to read as
follows:
Authority: 43 U.S.C. 1334.
2. Section 250.175 is revised to read as follows:
Sec. 250.175 Flaring or venting gas and burning liquid hydrocarbons.
(a) Lessees may flare or vent oil-well gas or gas-well gas without
receiving prior approval from the Regional Supervisor only in the
following situations:
(1) When gas vapors are flared or vented in small volumes from
storage vessels or other low-pressure production vessels and cannot be
economically recovered.
(2) During an equipment failure or to relieve system pressures. The
lessee must comply with the following conditions:
(i) Lessees must not flare or vent oil-well gas for more than 48
continuous hours unless the Regional Supervisor approves. The Regional
Supervisor may specify a limit of less than 48 hours to prevent air
quality degradation.
(ii) Lessees must not flare or vent gas from a facility for more
than 144 cumulative hours during any calendar month unless the Regional
Supervisor approves.
(iii) Lessees must not flare or vent gas-well gas beyond the time
required to eliminate an emergency unless the Regional Supervisor
approves.
(3) During the unloading or cleaning of a well, drill-stem testing,
production testing, or other well-evaluation testing. Flaring or
venting must not exceed 48 cumulative hours per testing operation on a
single completion. The Regional Supervisor may allow less time to
prevent air quality degradation or more time if lessees need additional
time to evaluate reservoir parameters.
(b) Lessees may flare or vent oil-well gas for up to 1 year when
the Regional Supervisor approves the request for one of the following
reasons:
(1) The lessee initiated an action which, when completed, will
eliminate flaring and venting; or
(2) The lessee submitted an evaluation supported by engineering,
geologic, and economic data indicating that either:
(i) The oil and gas produced from the well(s) will not economically
support the facilities necessary to save and/or sell the gas; or
(ii) There is not enough gas to market.
(c) Lessees may burn produced liquid hydrocarbons only if the
Regional Supervisor approves. To burn produced liquid hydrocarbons, the
lessee must demonstrate that the amounts to burn would be minimal, or
that the alternatives are infeasible or pose a significant risk that
may harm offshore personnel or the environment. Alternatives to burning
liquid hydrocarbons include transporting the liquids or storing and re-
injecting them into a producible zone.
[[Page 25149]]
(d) Lessees must prepare records detailing gas flaring or venting
and liquid hydrocarbon burning for each facility. The records must
include, at a minimum:
(1) Daily volumes of gas flared or vented and liquid hydrocarbons
burned;
(2) Number of hours of flaring, venting, or burning on a daily
basis;
(3) Reasons for flaring, venting, or burning; and
(4) A list of the wells contributing to flaring, venting, or
burning, along with the gas-oil ratio data.
(e) Lessees must keep these records for at least 2 years. Lessees
must allow Minerals Management Service representatives to inspect the
records at the lessees' field office that is nearest the Outer
Continental Shelf facility, or at another location agreed to by the
Regional Supervisor. If the Regional Supervisor requests to see the
records, lessees must provide a copy.
[FR Doc. 96-12544 Filed 5-17-96; 8:45 am]
BILLING CODE 4310-MR-M
Complete official Federal Register PDF
FR Doc. 96-12500 Propylene Oxide; Pesticide Tolerance
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25151-25153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12500]
-----------------------------------------------------------------------
[[Page 25152]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 6E4647/R2220; FRL-5357-8]
RIN 2070-AB78
Propylene Oxide; Pesticide Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document establishes a time-limited tolerance for
residues of the fumigant propylene oxide in or on the raw agricultural
commodities almonds, Brazil nuts, filberts, pecans, pistachio nuts, and
walnuts. As a practical matter, this regulation reduces the maximum
permissible residue level for propylene oxide in or on these nuts from
300 ppm to 150 ppm. The regulation to establish a maximum permissible
level for residues of the fumigant was requested in a petition
submitted by Aberco, Inc., 9430 Lanham Severn Road, Seabrook, MD 20706.
EFFECTIVE DATE: This regulation becomes effective May 20, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [PP 6E4647/R2220], may be submitted to:
Hearing Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M
St., SW., Washington, DC 20460. A copy of any objections and hearing
requests filed with the Hearing Clerk should be identified by the
document control number and submitted to: Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington , DC 20460. In person, bring copy of objections and hearing
requests to Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA
22202. Fees accompanying objections shall be labeled ``Tolerance
Petition Fees'' and forwarded to: EPA Headquarters Accounting
Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh,
PA 15251. An electronic copy of objections and hearing requests filed
with the Hearing Clerk may be submitted to OPP by sending electronic
mail (e-mail) to: [email protected].
Copies of electronic objections and hearing requests must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Copies of electronic objections and hearing
requests will also be accepted on disks in WordPerfect 5.1 file format
or ASCII file format. All copies of electronic objections and hearing
requests must be identified by the docket number [PP 6E4647/R2220]. No
Confidential Business Information (CBI) should be submitted through e-
mail. Information not marked confidential may be disclosed publicly by
EPA without prior notice. Copies of electronic objections and hearing
requests on this rule may be filed online at many Federal Depository
Libraries. Additional information on electronic submissions can be
found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Walter C. Francis, Acting
Chief, Antimicrobial Program Branch, Registration Division (7505C),
Office of Pesticide Programs, Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460. Office location and telephone number:
Rm. 250, CM #2, 1921 Jefferson Davis Highway, Arlington, VA 22202 (703)
305-3661; e-mail: francis.walter @epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities
------------------------------------------------------------------------
Examples of Regulated
Category Entities
------------------------------------------------------------------------
Industry................................. Nut processors who fumigate
with propylene oxide
Food processors who use
fumigated nuts in food
------------------------------------------------------------------------
This table is not exhaustive, but is a guide to the entities EPA
believes are regulated by this action.
EPA issued a notice published in the Federal Register of February
1, 1996 (61 FR 3697), which announced that Aberco, Inc., 9430 Lanham-
Severn Road, Seabrook, MD 20706 had submitted a pesticide petition (PP
6E4647) to EPA requesting that the Administrator, pursuant to section
408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C.
346a(d), establish a tolerance for residues of the fumigant propylene
oxide, in or on the raw agricultural commodity nutmeats (except
peanuts) when such foods are to be further processed into a final food
form, at 300 parts per million (ppm).
All of the comments received in response to this notice of filing
supported the issuance of the proposed tolerance.
On April 3, 1996 Aberco, Inc. amended the petition by requesting
that the proposed maximum permissible level for residues of propylene
oxide be reduced to 150 ppm. Because this is a reduction of a
previously proposed tolerance level, an additional period of public
comment is not necessary.
The scientific data evaluated for propylene oxide were obtained
from the EPA Integrated Risk Information System (IRIS) (1990) and
Meylan et al. (EPA, 1986).
Propylene oxide is classified as a B2 carcinogen with an oral slope
factor of 1.53E-1 based on benign and malignant tumors in female rats
when exposed by gavage.
Because nuts treated with propylene oxide are not sold directly to
consumers but are intended to be added to foods that may be further
processed (e.g. candy, cereal, baked goods, ice cream), EPA conducted
its risk assessment based on information related to anticipated
residues at the point of sale to consumers. Under normal conditions of
transport and distribution, the average time between release of the
treated nuts into commerce and the shipping, processing, and retailing
of the final food form containing the nuts is approximately 18 days.
Taking into account the percent of the nut commodities treated: almonds
(3 percent); Brazil nuts (8 percent); filberts (1 percent); pecans(3
percent); pistachio nuts (1 percent); and walnuts (7 percent), and
using a standard off gassing kinetic equation based on a 150 ppm level
at the time of shipment from the fumigation site and a transport time
of 18 days, the anticipated residues for propylene oxide at the point
of consumer purchase are 3.3 ppm.
Based on IRIS and a 1985 report prepared by the World Health
Organization (Environmental Health Criteria 56), the cancer endpoint is
the most restrictive and conservative measurement of risk. The cancer
unit potency or Q* of 0.153 mg/kg/day-1 is over 1,000 times
more restrictive that the estimate of an RfD using the No Observed
Effect Level (NOEL) of 9 mg/kg/day obtained from a chronic rat study.
The theoretical maximum residue contribution (TMRC) for all proposed
tolerances (almonds, Brazil nuts, filberts, pecans, pistachio nuts, and
walnuts) is 0.002 mg/kg/day for the overall U.S. population. The
anticipated residue contribution (ARC) to the U.S. population is
0.000002 mg/kg/day, resulting in a lifetime cancer risk from treated
nuts of 3 x 10-7. This value assumes anticipated residues of
3.3 ppm at the point of consumer purchase. During the 2 year timeframe
covered by this time-limited tolerance, the cancer risk would be 8.6
x 10-9.
The Agency believes that the current cancer risk assessment
demonstrates negligible risk.
The pesticide is useful for the purposes for which the tolerance is
sought. The nature of the residue is adequately understood and an
analytical method for propylene oxide (gas
[[Page 25153]]
chromatography) previously developed for tolerance petitions 5H5087 and
6H5119 is available in JAOAC, Vol 54, p. 560, 1971.
Additional residue data on propylene oxide and propylene
chlorohydrin (2-PCH) are required for a permanent tolerance. These data
are required to precisely determine the off-gassing kinetics and to
allow the Agency to accurately verify the time interval from fumigation
to the point of consumer purchase. At the present time, however, the
Agency believes there are adequate data to support a time-limited
tolerance while these studies are being developed. Additional
toxicological data may be required based on a review of the required
residue data. Further, EPA has concerns about the adequacy of the
current analytical method. Therefore, a revised analytical method must
be developed to address the 2-PCH known to form during fumigation of
foods with propylene oxide. Revised enforcement or confirmatory methods
for propylene chlorohydrin, as well as for propylene oxide per se must
also be developed. Any additional tolerance proposals for propylene
oxide will be considered on a case-by case basis.
There are presently no actions pending against the continued
registration of this chemical.
Based on the information and data considered, the Agency has
determined that the tolerances established by amending 40 CFR part 180
will protect the public health. Therefore, the tolerance is established
as set forth below. Since the Agency has no evidence that other
varieties of nuts are treated with propylene oxide, tolerances are
being established only for specific nuts.
Any person adversely affected by this regulation may, within 30
days after publication of this document in the Federal Register, file
written objections to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed with
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy
of the objections and/or hearing requests filed with the Hearing Clerk
should be submitted to the OPP docket for this rulemaking. The
objections submitted must specify the provisions of the regulation
deemed objectionable and the grounds for the objections (40 CFR
178.25). Each objection must be accompanied by the fee prescribed by 40
CFR 180.33(i). If a hearing is requested, the objections must include a
statement of the factual issue(s) on which a hearing is requested, the
requestor's contentions on such issues, and a summary of any evidence
relied upon by the objector (40 CFR 178.27). A request for a hearing
will be granted if the Administrator determines that the material
submitted shows the following: There is genuine and substantial issue
of fact; there is a reasonable possibility that available evidence
identified by the requestor would, if established, resolve one or more
of such issues in favor of the requestor, taking into account
uncontested claims or facts to the contrary; and resolution of the
factual issue(s) in the manner sought by the requestor would be
adequate to justify the action requested (40 CFR 178.32).
A record has been established for this rulemaking under the docket
number [PP 6E4647/R2220] (including any comments and data submitted
electronically). A public version of this record, including printed,
paper versions of electronic comments, which does not include any
information claimed as CBI, is available for inspection from 8 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The public
record is located in Room 1132 of the Public Response and Program
Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, Crystal Mall 2,
1921 Jefferson Davis Highway, Arlington, VA.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer any copies of objections and hearing requests
received electronically into printed, paper form as they are received
and will place the paper copies in the official rule-making record
which will also include all comments submitted directly in writing. The
official rulemaking record is the paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), it has
been determined that this rule is not ``significant'' and is not
subject to OMB review.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Agricultural commodities,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: May 9, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. Section 180.491 is added to read as follows:
Sec. 180.491 Propylene Oxide; tolerance for residues.
A time-limited tolerance to expire on May 20, 1998 is established
for residues of the fumigant propylene oxide, in or on the following
raw agricultural commodities.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almonds.................................................... 150
Brazil Nuts................................................ 150
Filberts................................................... 150
Pecans..................................................... 150
Pistachio Nuts............................................. 150
Walnuts.................................................... 150
------------------------------------------------------------------------
[FR Doc. 96-12500 Filed 5-17-96; 8:45 am]
BILLING CODE 6560-50-F
Complete official Federal Register PDF
FR Doc. 96-12499 Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Amendment of Monograph for OTC Bronchodilator Drug Products
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25142-25147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12499]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 310 and 341
[Docket No. 94N-0247]
RIN 0910-AA01
Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug
Products for Over-the-Counter Human Use; Amendment of Monograph for OTC
Bronchodilator Drug Products
AGENCY: Food and Drug Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is amending the final
monograph for over-the-counter (OTC) bronchodilator drug products by
removing pressurized metered-dose aerosol container dosage forms for
the ingredients epinephrine, epinephrine bitartrate, and racepinephrine
hydrochloride. This action is being taken because the OTC marketing of
such drug products will require an approved application containing
certain information not required by the monograph. The agency is also
amending the regulation that lists nonmonograph active ingredients by
adding any ingredient(s) in a pressurized metered-dose aerosol
container for OTC bronchodilator drug products. This final rule is part
of the ongoing review of OTC drug products conducted by FDA.
EFFECTIVE DATE:June 19, 1996.
FOR FURTHER INFORMATION CONTACT: William E. Gilbertson, Center for Drug
Evaluation and Research (HFD-105), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857, 301-827-2304.
SUPPLEMENTARY INFORMATION:
-I. Background
In the Federal Register of October 2, 1986 (51 FR 35326), FDA
issued a final monograph establishing conditions
[[Page 25143]]
under which OTC bronchodilator drug products are generally recognized
as safe and effective and not misbranded. Section 341.76(d)(2)(i) (21
CFR 341.76(d)(2)(i)) provides for products containing epinephrine,
epinephrine bitartrate, and racepinephrine hydrochloride for use in a
pressurized metered-dose aerosol container (hereinafter referred to as
an inhaler or MDI). The agency stated in the final monograph (51 FR
35326 at 35333 to 35334) that data and information available at that
time concerning the technology to produce reliable MDI dosage forms
allowed the agency to generally recognize OTC MDI drug products as safe
and effective. Further, the agency had anticipated that MDI drug
products would continue to contain a chlorofluorocarbon (CFC)
propellant and that marketing would continue under approved
applications, as stated in Sec. 2.125(d) (21 CFR 2.125(d)), containing
information on manufacturing controls for the MDI.
In the Federal Register of March 9, 1995 (60 FR 13014), FDA issued
a notice of proposed rulemaking to amend the final monograph for OTC
bronchodilator drug products to remove pressurized MDI aerosol
container dosage forms for the ingredients epinephrine, epinephrine
bitartrate, and racepinephrine hydrochloride. The agency also proposed
to amend the regulation that lists nonmonograph active ingredients to
add any ingredient(s) in a pressurized MDI aerosol container for OTC
bronchodilator drug products.
In the proposal, the agency discussed several developments that
changed its view about the inclusion of pressurized MDI dosage forms in
the final monograph for OTC bronchodilator drug products. The agency
determined that an assessment of the safety and effectiveness of each
MDI aerosol drug product must be made based on a reconsideration of the
nature of MDI aerosol drug products, potential future reformulations to
include new propellants, and the recommendations of various
international workshops and FDA advisory committee discussions. The
agency proposed that all MDI aerosol dosage forms must have premarket
approval to ensure their safety and effectiveness.
Interested persons were invited to file by May 23, 1995, written
comments or objections on the proposed regulation. Interested persons
were invited to file comments on the agency's economic impact
determination by May 23, 1995.
In response to the proposal, one drug manufacturer and an
association of pharmaceutical scientists submitted comments. Copies of
the comments are on public display in the Dockets Management Branch
(HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23,
Rockville, MD 20857. Final agency action on OTC MDI aerosol drug
products containing epinephrine, epinephrine bitartrate, and
racepinephrine hydrochloride occurs with the publication of this final
rule amending the final monograph for OTC bronchodilator drug products.
As discussed in the proposal (60 FR 13014), the agency advised
that the conditions under which the drug products that are subject to
this amendment to the final monograph will no longer be generally
recognized as safe and effective and are misbranded (nonmonograph
conditions) will be effective 30 days after the date of publication in
the Federal Register. Therefore, on or after June 19, 1996, no OTC drug
product that is subject to the monograph and that contains a
nonmonograph condition, i.e., a condition that would cause the drug to
be not generally recognized as safe and effective or to be misbranded,
may be initially introduced or initially delivered for introduction
into interstate commerce unless it is the subject of an approved
application or abbreviated application (hereinafter called
application). Manufacturers are encouraged to comply voluntarily with
the final rule at the earliest possible date.
All ``OTC Volumes'' cited throughout this document refer to the
submissions made by interested persons pursuant to the call-for-data
notice published in the Federal Register of August 9, 1972 (37 FR
16029), or to additional information that has come to the agency's
attention since publication of the advance notice of proposed
rulemaking. The volumes are on public display in the Dockets Management
Branch.-
-II. The Agency's Conclusions on the Comments
One comment, from a pharmaceutical scientists' association, agreed
with the agency's proposal to amend the final monograph for OTC
bronchodilator drug products to remove MDI aerosol dosage forms for the
ingredients epinephrine, epinephrine bitartrate, and racepinephrine
hydrochloride. The comment also agreed that such products should have
premarket approval to ensure their safety and effectiveness. The
comment explained that changes in an MDI aerosol could have significant
effects on the distribution characteristics of the drug in the airways,
produce a pharmacological interaction, and/or enhance toxicity of the
drug product. With the phaseout of CFC-containing propellants in MDI
aerosol drug products, the comment mentioned that the safety and
effectiveness of the replacement propellants in these products will
need to be established.
The comment stated that appropriately focused and well-designed
clinical studies will be necessary to establish the clinical safety and
effectiveness of new non-CFC-containing MDI aerosol formulations. New
chemistry, manufacturing, and controls evaluations will be needed to
document that the new formulation is compatible with the bronchodilator
active ingredient and that drug delivery from the new system is
comparable to the old system. The comment added that much of the
testing needed to confirm the integrity and proper functioning of MDI
aerosol drug products containing non-CFC propellants can be determined
by in vitro testing. Such testing could determine particle size, total
canister contents, and consistency and reproducibility of dose delivery
through the life of the dosage form, as well as assess drug related
impurities and leakage rate.
The comment expressed some concern about epinephrine, epinephrine
bitartrate, and racepinephrine hydrochloride used in a hand-held rubber
bulb nebulizer. The comment stated that the agency's concerns about MDI
aerosol dosage forms, particularly changes in the distribution
characteristics of the drug in the airways, are equally applicable to
hand-held rubber bulb nebulizers and spraying devices currently
available. The comment also questioned the emphasis placed on many of
the comments and conclusions drawn by the authors of articles cited
within the proposed amendment because many of those references did not
provide details of the composition of MDI aerosol drug products
discussed. The comment did not specify which references failed to
provide sufficient details.
Another comment, from a drug manufacturer, disagreed with the
agency's proposal. The comment claimed that the proposal does not
provide a reasonable basis to support the revocation of the ``generally
recognized as safe and effective'' status of these OTC MDI aerosol drug
products. The comment contended that the proposal raises questions
about the safety and effectiveness of these drug products in the
absence of any data showing that epinephrine-containing MDI aerosol
drug products are not safe and effective when used according to
[[Page 25144]]
the labeling. The comment stated that the safety information discussed
in the proposal relates to MDI aerosol products containing albuterol,
and it does not raise any questions with respect to the safety of
epinephrine-containing MDI aerosol drug products. The comment argued
that because all CFC-containing MDI aerosol drug products must now be
the subject of an approved new drug application (NDA), there is no
public health issue concerning these drug products and, therefore, no
need for this proposed monograph amendment.
The comment added that in the final monograph for OTC
bronchodilator drug products (51 FR 35326 at 35333), the agency
recognized that manufacturer compliance with FDA's current good
manufacturing practice (CGMP) regulations would adequately address the
control of the quality of drug product containers, components, and the
drug product itself, and that specific requirements for MDI aerosol
drug delivery systems in the monograph were unnecessary. The comment
indicated that while CGMP compliance is important to assure the proper
use of MDI aerosol delivery systems, the proposed amendment provides no
evidence that CGMP compliance is a concern for currently-marketed
epinephrine MDI aerosols.
The comment agreed with the agency that non-CFC propellants could
render an MDI aerosol product a ``new drug'' under Sec. 310.3(h)(1) (21
CFR 310.3(h)(1)). In that case, additional data would be required to
support safety and effectiveness. However, the comment argued that new
propellant formulations can be reviewed under an NDA without revoking
the OTC monograph status of currently marketed CFC-containing MDI
aerosol formulations.
The comment mentioned that the proposal to remove OTC MDI aerosol
drug products from the final monograph for OTC bronchodilator drug
products is not based on the deliberations of any advisory committee
and is in conflict with the determination of the Advisory Review Panel
on OTC Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug
Products that epinephrine-containing OTC MDI aerosol drug products are
``generally recognized as safe and effective.'' The comment stated that
the agency should withdraw the proposal until such time as an advisory
committee has reviewed the data and voted on a recommendation.
The comment also expressed concern that the agency's action could
unnecessarily raise the data burden of NDA's for epinephrine-
containing, CFC-propelled MDI's by imposing, without justification, new
safety and effectiveness data requirements that are satisfied by the
current monograph status. The comment noted that in Sec. 330.11 (21 CFR
330.11), if an OTC drug product meets all the conditions of an
applicable monograph, only a review of information pertaining to
deviations from those conditions is necessary. The comment contended
that Sec. 330.11 encourages innovation and improvement in the
pharmaceutical industry without unnecessary regulatory delays and
unjustified data burdens. The comment added that, if new NDA's need to
be submitted, the additional data required could have the effect of
forcing from the market a product that has been the subject of an
approved NDA and has had a safe marketing history for many years.
Therefore, for these reasons, the comment requested that the agency
withdraw the proposed amendment and take no further steps to complete
this rulemaking.
The agency has considered the information presented by the
comments and determined that marketing of pressurized MDI aerosol
bronchodilator drug products containing CFC propellants requires an
approved NDA containing information beyond that required by the final
monograph for OTC bronchodilator drug products. Since publication of
that final monograph in 1986, the agency has reconsidered the nature of
MDI aerosol drug products, potential future reformulations to include
new propellants, and the recommendations of various international
organizations and agency advisory committees concerning the regulatory
and data requirements needed to assure the clinical community and
patients of the safety and effectiveness of MDI aerosol drug products.
In the proposed monograph amendment (60 FR 13014 to 13020), the
agency discussed several specific developments that have changed its
views about MDI aerosol dosage forms. These included: (1) Recent
publications reporting chemistry, manufacturing, and controls problems
resulting from changes to the container and closure system of
redesigned MDI aerosol dosage forms; (2) the need for safety and
effectiveness data for the new drug products as a result of those
chemistry, manufacturing, and controls changes; (3) international
workshops and FDA advisory committee discussions focusing on regulatory
requirements for modifications to an approved innovator MDI and
bioequivalence of generic MDI aerosol drug products; (4) legislation
that requires a phaseout of ozone-depleting substances, including CFC
propellants in MDI aerosol drug products; and (5) the need for safety
data on the alternative propellants that will replace CFC's in MDI
aerosol dosage forms, as well as evidence that the new MDI's deliver
the drug effectively.
The agency's decision to remove epinephrine ingredients in
pressurized MDI aerosol dosage forms from the final monograph for OTC
bronchodilator drug products is not based on a specific safety or
effectiveness concern that has been identified for any of the currently
marketed OTC MDI aerosol drug products. All such products are currently
the subject of an approved NDA based on agency regulations in
Sec. 2.125(d). The removal of these OTC drug products from the
monograph is being done to ensure continued safety and effectiveness of
these products and to provide a regulatory basis for adequate
regulation of the manufacture of all future OTC MDI aerosol drug
products, including those with the new propellants. This action is
based on the agency's increased awareness that minor modifications in
the manufacturing procedures of these products and the proposed
phaseout of CFC propellants have the potential for substantial impact
on the safety and effectiveness of these OTC drug products and are not
adequately addressed by CGMP guidelines.
In response to the comment regarding the ``generally recognized as
safe and effective'' status of currently marketed OTC MDI aerosol drug
products containing epinephrine, epinephrine bitartrate, and
racepinephrine hydrochloride, the agency maintains that its
preclearance of these products under NDA's alleviates concerns about
the safety and effectiveness of these drug products. However, the
agency now considers preclearance of the manufacturing processes of
these products an important part of assuring their continued safe and
effective use.
The agency points out that the safety information discussed in the
proposal relates not only to MDI aerosol drug products containing
albuterol, but to all such products in pressurized MDI dosage form.
Recent data presented to the agency indicate that variability in the
performance of an MDI aerosol may result from the physical
characteristics of the drug substance, formulation differences, valve
and actuator design, and the adequacy of control parameters,
specifications, and test methods for each component and the final drug
product. Design modification of any component of the drug product may
result in significant alterations of the dose delivered to the lung. In
addition,
[[Page 25145]]
changes in the source or the composition of the drug product may
introduce unknown contamination or impurities (extractables) when the
propellant comes in contact with the plastic or rubber components of
the canister (Ref. 1).
Because all currently marketed OTC CFC-containing MDI aerosols
containing epinephrine are the subject of approved applications, the
agency does not agree with one comment that this monograph amendment
will require additional data or new applications to support the safety
and effectiveness of these bronchodilator drug products. Based on
agency preclearance under existing applications, the safety and
effectiveness of currently marketed OTC MDI drug products are not in
question. However, the agency does consider it necessary that OTC
marketing of new or reformulated MDI aerosol drug products or products
manufactured by a different manufacturer or in a different facility
require preclearance via an approved application containing information
not required by the monograph to assure the continued safe and
effective use of these drug products.
An NDA deviation (Sec. 330.11) applies to products whose
ingredient(s) is included in an OTC drug monograph. OTC MDI aerosol
drug products already require an NDA for marketing because of the CFC
propellants (Sec. 2.125(d)). A change in manufacturing procedures may
only require a supplement to an NDA. If a change in manufacturing
facilities occurs or a product is manufactured by a different company,
the affected manufacturer should consult with the agency to ascertain
what will be required in the supplemental application.
In the proposed amendment (60 FR 13014 at 13018), the agency cited
several international workshops and agency advisory committee
discussions that identified the regulatory requirements necessary to
determine the safety and effectiveness of reformulated bronchodilator
drug products. The Commission of the European Communities, the Drug
Information Association, and the agency's Generic Drugs Advisory
Committee with representatives from the Pulmonary-Allergy Drugs
Advisory Committee (Refs. 2, 3, and 4, respectively) agreed that any
change in excipients (including propellants) might result in changes in
drug deposition patterns within the lung and might affect absorption
and systemic safety. Further, these organizations and committees stated
that premarket approval is essential to ensure the identity, strength,
quality, and purity of pressurized OTC and prescription bronchodilator
drug products.
In response to some of the comment's concerns regarding the use of
ephinephrine, epinephrine bitartrate, and racepinephrine hydrochloride
in hand-held rubber bulb nebulizers, the agency agrees that some of
these concerns about MDI aerosol dosage forms, particularly changes in
the distribution characteristics of the drug in the airways, are
equally applicable to hand-held rubber bulb nebulizers and spraying
devices. The agency intends to reexamine the use of these OTC
bronchodilator drugs in hand-held rubber bulb nebulizers in a future
issue of the Federal Register.
The agency does not agree with one comment that this amendment
should be withdrawn until an advisory committee has provided its
recommendation. As stated earlier, the agency is not questioning the
safety and effectiveness of currently marketed OTC MDI aerosol drug
products. However, the agency considers it necessary to review and
evaluate the manufacturing controls for these drug products to assure
their continued safe and effective use. This monograph amendment deals
with process issues (the procedure by which the product gets on the
market or how manufacturing changes occur), and in this particular case
the agency does not consider it necessary to bring this amendment to an
advisory committee for deliberation. However, in some cases, it may be
appropriate to bring procedural issues to an advisory committee.
In the proposed monograph amendment (60 FR 13014 at 13020), the
agency indicated that there is a statutory phaseout of CFC propellants
used in these MDI aerosol products, although an exemption for MDI's for
the treatment of asthma and chronic obstructive pulmonary disease
exists through 1997. Based on the intended phaseout of CFC-containing
propellants in MDI aerosol dosage forms, the agency is aware that the
pharmaceutical and other industries are investigating alternative
propellants to replace CFC's in MDI's. Given the complexity of MDI
aerosol formulations and the interdependence of each of the MDI
components, the agency is concerned that the use of new excipients,
including non-CFC-containing propellants, could change the distribution
characteristics of the MDI bronchodilator drug in the airways, produce
a pharmacological interaction, or enhance toxicity of the active drug
substance. Such changes in MDI aerosol formulations might alter
pulmonary absorption, potentially resulting in changes in the safety
and/or therapeutic effectiveness of the bronchodilator drug product.
Thus, the agency intends to require manufacturers who reformulate
currently approved MDI aerosol drug products with new propellants to
submit additional data or a new NDA to demonstrate that inhalation and
ingestion of new formulations will not result in local tissue
irritation effects or other undesirable consequences, such as loss of
effectiveness or local retention, resulting from inappropriate drug
deposition characteristics. The additional data must include an
assessment of the absorption, distribution, and retention
characteristics of new propellant systems in man following inhalation.
Drug deposition profiles including the quantity of drug reaching the
respiratory airways and its depth of penetration must also be
characterized.
Based on the above discussion, the agency considers it essential
that any reformulated MDI aerosol (including use of a new propellant or
component design alterations) have premarket approval under an approved
NDA to ensure the safety and effectiveness of the bronchodilator drug
product. Therefore, the agency is removing the ingredients epinephrine,
epinephrine bitartrate, and racepinephrine hydrochloride in pressurized
MDI aerosol dosage forms from the final monograph for OTC
bronchodilator drug products because such products will continue to
require an approved NDA containing certain information not required by
the monograph. However, the monograph status of these ingredients when
used in a hand-held rubber bulb nebulizer is not changed. Such products
will remain in the final monograph at this time.
III. References
The following references are on display in the Dockets Management
Branch (address above) and may be seen by interested persons between 9
a.m. and 4 p.m., Monday through Friday.
(1) Adams, W. P. et al., ``Regulatory Aspects of Modifications
to Innovator Bronchodilator Metered Dose Inhalers and Development of
Generic Substitutes,'' Journal of Aerosol Medicine, 7:119-134, 1994.
-(2) ``Report of the Commission of the European Communities'
Committee for Proprietary Medicinal Products, Matters Relating to
the Replacement of CFCs in Medicinal Products,'' December 15, 1993,
in OTC Vol. 04BFMA3.
-(3) Drug Information Association, MDI's in the Milennium:
Workshop on Regulatory Issues of Efficacy, Safety, and Quality with
Metered Dose Inhalers (MDI's) Drug Dosage Forms, October 18 and 19,
1993, in OTC Vol. 04BFMA3.-
(4) Transcripts of the FDA Generic Drugs Advisory Committee
Meeting with
[[Page 25146]]
Pulmonary-Allergy Drugs Advisory Committee Representation, September
14 and 15, 1993, identified as TS, Docket No. 94N-0247, Dockets
Management Branch.
-IV. The Agency's Final Conclusions
In this amendment, the agency is removing the ingredients
epinephrine, epinephrine bitartrate, and racepinephrine hydrochloride
in pressurized MDI aerosol dosage forms from the final monograph for
OTC bronchodilator drug products. Accordingly, the agency is amending
Sec. 341.76(d)(2) to remove Sec. 341.76(d)(2)(i)(a) and (d)(2)(i)(b).
The agency is also amending Sec. 310.545(a)(6)(iv) for bronchodilator
drug products by adding new paragraph (a)(6)(iv)(C) and listing
thereunder ``any ingredient(s) in a pressurized metered-dose aerosol
container.'' In addition, the agency is removing Sec. 341.76(e) from
the final monograph because that information now appears in
Sec. 330.1(i) (21 CFR 330.1(i)) as part of the general labeling policy
for OTC drug products.
The agency points out that incorrect dates were inadvertently
inserted in Sec. 310.545(a)(6)(iv)(C) and (d)(26) of the proposed
amendment (60 FR 13014 at 13020). Consequently, the agency is revising
the dates in these sections to indicate that the conditions of this
final rule will be effective 30 days after the date of publication in
the Federal Register. Further, proposed Sec. 310.545(d)(26) is
renumbered in this final rule as Sec. 310.545(d)(25).
-V. Analysis of Impacts
The agency received one comment in response to the agency's
request for comments on any substantial or significant economic impact
that this rulemaking would have on OTC bronchodilator MDI aerosol drug
products that contain epinephrine, epinephrine bitartrate, and
racepinephrine hydrochloride (60 FR 13014 at 13020). The comment
indicated that this rulemaking would have a significant impact on the
OTC bronchodilator industry and itself if additional data or new NDA's
were requested for existing NDA-approved MDI aerosol drug products. As
discussed above, this monograph amendment should have minimal impact on
any existing MDI aerosol drug product marketed under an approved NDA.
Any changes in manufacturing procedures will require a standard
supplemental application that would have been required before the
amendment was finalized.
FDA has examined the impacts of this final rule under Executive
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354).
Executive Order 12866 directs agencies to assess all costs and benefits
of available regulatory alternatives and, when regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity). The agency believes that
this final rule is consistent with the regulatory philosophy and
principles identified in the Executive Order. In addition, the final
rule is not a significant regulatory action as defined by the Executive
Order and so is not subject to review under the Executive Order.
The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. This monograph amendment does not change the status
of any currently marketed MDI aerosol drug products. All such products
are currently the subject of an approved application. As is currently
the case for marketed MDI aerosol products, in the interest of public
health and safety, an approved application will be required for any
product that is reformulated to contain a non-CFC propellant. In
addition, there are a limited number of MDI aerosol bronchodilator drug
product manufacturers. Accordingly, the agency certifies that this
final rule will not have a significant economic impact on a substantial
number of small entities. Therefore, under the Regulatory Flexibility
Act, no further analysis is required.
-VI. Environmental Impact
The agency has determined under 21 CFR 25.24(c)(6) that this
action is of a type that does not individually or cumulatively have a
significant effect on the human environment. Therefore, neither an
environmental assessment nor an environmental impact statement is
required.
-List of Subjects
21 CFR Part 310
Administrative practice and procedure, Drugs, Labeling, Medical
devices, Reporting and recordkeeping requirements.
21 CFR Part 341
Labeling, Over-the-counter drugs.
Therefore, under the Federal Food, Drug, and Cosmetic Act and
under authority delegated to the Commissioner of Food and Drugs, 21 CFR
parts 310 and 341 are amended as follows:
-PART 310--NEW DRUGS
1. The authority citation for 21 CFR part 310 continues to read as
follows:
Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 512-
516, 520, 601(a), 701, 704, 705, 721 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357,
360b-360f, 360j, 361(a), 371, 374, 375, 379e); secs. 215, 301,
302(a), 351, 354-360F of the Public Health Service Act (42 U.S.C.
216, 241, 242(a), 262, 263b-263n).
2. Section 310.545 is amended by adding new paragraphs
(a)(6)(iv)(C) and (d)(25) and by revising paragraph (d) introductory
text to read as follows:
Sec. 310.545 Drug products containing certain active ingredients
offered over-the-counter (OTC) for certain uses.
(a) * * *
(6) * * *
(iv) Bronchodilator drug products.
* * *
(C) Approved as of June 19, 1996. Any ingredient(s) in a
pressurized metered-dose inhaler container.
* * * * *
(d) Any OTC drug product that is not in compliance with this
section is subject to regulatory action if initially introduced or
initially delivered for introduction into interstate commerce after the
dates specified in paragraphs (d)(1) through (d)(25) of this section.
* * * * *
(25) June 19, 1996, for products subject to paragraph
(a)(6)(iv)(C) of this section.
-PART 341--COLD, COUGH, ALLERGY, BRONCHODILATOR, AND ANTIASTHMATIC
DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE
3. The authority citation for 21 CFR part 341 continues to read as
follows:
Authority: Secs. 201, 501, 502, 503, 505, 510, 701 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 353,
355, 360, 371).
Sec. 341.76 [Amended]
4. Section 341.76 is amended by removing paragraphs (d)(2)(i) and
(e), redesignating paragraph (d)(2)(ii) as paragraph (d)(2), and
revising the heading of newly redesignated paragraph (d)(2) to read as
follows:
Sec. 341.76 Labeling of bronchodilator drug products.
-* * * * *
(d) * * *
-(2) For products containing epinephrine, epinephrine bitartrate,
and racepinephrine hydrochloride identified
[[Page 25147]]
in Sec. 341.16(d), (e), and (g) for use in a hand-held rubber bulb
nebulizer.
* * *
Dated: April 11, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-12499 Filed 5-17-96; 8:45 am]
BILLING CODE 4160-01-F
Complete official Federal Register PDF
FR Doc. 96-12484 Pesticide Reports for Pesticide-Producing Establishments (EPA Form 3540-16); 1995 Annual Solicitation
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Page 25151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12484]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 167
[OECA; FRL-5507-1]
Pesticide Reports for Pesticide-Producing Establishments (EPA
Form 3540-16); 1995 Annual Solicitation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Time extension for submission of reports.
-----------------------------------------------------------------------
SUMMARY: The EPA announced in the Federal Register (61 Vol. 8221, March
4, 1996), that because of delays in completing and distributing
reporting packages, that it would extend the due date for submission of
annual pesticide production reports (EPA Form 3540-16) for calendar
year 1995 until May 1, 1996. In another Federal Register document (61
Vol. 14497, April 2, 1996), EPA corrected the original document of
March 4, 1996, by stating ``Annual pesticide production reports for
calendar year 1995 will not be due until two (2) months after the
reporting packages are mailed out.''
This notice announces that the 1995 Pesticide Reports for
Pesticide-Producing Establishments forms (EPA Form 3540-16) will be
mailed out by May 24, 1996, and are due to be submitted back to the
Agency by July 24, 1996. If you have not received your reporting
packages within two weeks from the date of this document, please
contact your local EPA Regional office.
DATES: Annual pesticide production reports for calendar year 1995 will
be due July 24, 1996.
FOR FURTHER INFORMATION CONTACT: Carol L. Buckingham, (202) 564-5008,
fax (202) 564-0085, Environmental Protection Agency, Mail Code 2225A,
401 M Street, SW., Washington, D.C. 20460.
Dated: May 13, 1996.
Steven A. Herman,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 96-12484 Filed 5-17-96; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 96-12375 Small Business Innovation Research Grants Program; Administrative Provisions
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25366-25374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12375]
[[Page 25365]]
_______________________________________________________________________
Part IV
Department of Agriculture
_______________________________________________________________________
Cooperative State Research, Education, and Extension Service
_______________________________________________________________________
7 CFR Part 3403
Small Business Innovation Research Grants Program; Administrative
Provisions; Final Rule
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and
Regulations
[[Page 25366]]
DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service
7 CFR Part 3403
Small Business Innovation Research Grants Program; Administrative
Provisions
AGENCY: Cooperative State Research, Education, and Extension Service,
USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Cooperative State Research, Education, and Extension
Service (CSREES) is amending its regulations relating to the
administration of the Small Business Innovation Research (SBIR) Grants
Program, which prescribe the procedures to be followed annually in the
solicitation of research grant proposals, the evaluation of such
proposals, and the award of competitive research grants under this
program. This rule amends those regulations by encouraging the
individuals who are principally responsible for the scientific or
technical direction of the proposed work to be designated as the
principal investigator, making it a condition that Federal funds remain
for an extension of a Phase I grant and that an extension will not
normally exceed 12 months, requiring that when purchasing equipment or
products with agreement funds that only American-made items are
purchased to the extent possible, and making a few additional changes.
CSREES is publishing these regulations in their entirety in order to
enhance their use by the public and to ensure expeditious submission
and processing of grant proposals.
(The CSREES was established by Pub. L. 103-354, the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994, and the functions of the Cooperative State Research Service
(CSRS) were transferred to the CSREES by the Secretary of Agriculture
in the Secretary's Memorandum 1010-1, October 20, 1994.)
EFFECTIVE DATE: May 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Louise Ebaugh, Director, Office of Extramural Programs, Cooperative
State Research, Education, and Extension Service, U.S. Department of
Agriculture, AG Box 2245, Washington, DC 20250-2245. Telephone: (202)
401-5024.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction
Under the provisions of the Paperwork Reduction Act of 1980 (44
U.S.C. Chapter 35), the collection of information requirements
contained in this final rule have been approved under OMB Document Nos.
0524-0022, 0524-0025, and 0524-0026.
Classification
This rule has been reviewed under Executive Order 12866, and it has
been determined that it is not a ``significant regulatory action'' rule
because it will not have an annual effect on the economy of $100
million or more or adversely and materially affect a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. This rule will not create any serious inconsistencies or
other wise interfere with any actions taken or planned by another
agency. It will not materially alter the budgetary impact of
entitlements, grants, user fees or loan programs and does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or principles set forth in Executive Order No.
12866. In addition, it will not have a significant impact on a
substantial number of small entities as defined in the Regulatory
Flexibility Act, Pub. L. 96-534 (5 U.S.C. 601 et seq.). This rule has
been reviewed in accordance with Executive Order No. 12778, Civil
Justice Reform, and the required certification has been made to OMB.
All State and local laws and regulations that are in conflict with this
rule are preempted. No retroactive effect is to be given to this rule.
This rule does not require administrative proceedings before parties
may file suit in court.
Regulatory Analysis
Not required for this rulemaking.
Environmmental Impact Statement
This regulation does not significantly affect the environment.
Therefore, an environmental impact statement is not required under the
National Environmental Policy Act of 1969, as amended.
Catalog of Federal Domestic Assistance
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.212, Small Business Innovation Research (SBIR
Program). For the reasons set forth in the Final Rule-related Notice to
7 CFR Part 3015, Subpart V, 48 FR 29115, June 24, 1983, and pursuant to
the Notice found at 52 FR 22831, June 16, 1987, this program is
excluded from the scope of Executive Order 12372 which requires
intergovernmental consultation with State and local officials.
Background and Purpose
On June 10, 1988, the Department published a Final Rule in the
Federal Register (53 FR 21966-21972), which established Part 3403 of
Title 7, Subtitle B, Chapter XXXIV of the Code of Federal Regulations,
for the purpose of administering the U.S. Department of Agriculture's
Small Business Innovation Research (SBIR) Grants Program conducted
under the authority of the Small Business Innovation Development Act of
1982, as amended (15 U.S.C. 638) and section 630 of the Act making
appropriations for Agriculture, Rural Development, and Related
Agencies' programs for fiscal year ending September 30, 1987, and for
other purposes, as made applicable by section 101(a) of Pub. L. No. 99-
591, 100 Stat. 3341. This rule established and codified the procedures
to be followed in the solicitation of competitive small business
innovation research proposals, the evaluation of such proposals, and
the award of grants under this program. On September 20, 1991, the
Department published a Final rule in the Federal Register (56 FR 47882-
47889), which amended the Cooperative State Research Service (CSRS)
regulations relating to the Small Business Innovation Research Grants
Program. On December 30, 1994, the Department published a Final Rule in
the Federal Register (59 FR 68072) which amended 7 CFR Chapter XXXIV to
reflect the abolishment of CSRS and the establishment of CSREES. On
August 17, 1995, the Department published a notice in the Federal
Register (60 FR 42990) requesting comments on proposed revisions to the
Proposed Rule--Small Business Innovation Research (SBIR) Grants
Program. Interested parties were invited to submit comments. The
Department received one comment from a Federal agency. The comment was
considered in developing this final revision.
Comment and Response
General
Comment: The commentor suggested that the rule be amended to
associate award eligibility and approval procedures more closely with
performance and financial accountability.
Response: This comment requires a thorough examination since it has
far-reaching implications not only for the SBIR program but for other
[[Page 25367]]
Departmental programs. The Department is currently establishing a
committee to evaluate and consider the suggestions and will respond
directly to the commenting agency when appropriate. If further changes
to the program are deemed necessary, the Department will publish a
proposed amendment to the SBIR rule and invite public comments.
List of Subjects in 7 CFR Part 3403
Grant Programs--Agriculture, Grant administration.
For the reasons set out in the preamble, Title 7, Subtitle B,
Chapter XXXIV, Part 3403 of the Code of Federal Regulations is revised
to read as follows:
PART 3403--SMALL BUSINESS INNOVATION RESEARCH GRANTS PROGRAM
Subpart A--General Information
Sec.
3403.1 Applicability of regulations.
3403.2 Definitions.
3403.3 Eligibility requirements.
Subpart B--Program Description
3403.4 Three-phase program.
Subpart C--Preparation and Submission of Proposals
3403.5 Requests for proposals.
3403.6 General content of proposals.
3403.7 Proposal format for phase I applications.
3403.8 Proposal format for phase II applications.
3403.9 Submission of proposals.
Subpart D--Proposal Review and Evaluation
3403.10 Proposal review.
3403.11 Phase I evaluation criteria.
3403.12 Phase II evaluation criteria.
3403.13 Availability of information.
Subpart E--Supplementary Information
3403.14 Terms and conditions of grant awards.
3403.15 Notice of grant awards.
3403.16 Use of funds; changes.
3403.17 Other Federal statutes and regulations that apply.
3403.18 Other conditions.
Authority: 5 U.S.C. 638.
Subpart A--General Information
Sec. 3403.1 Applicability of regulations.
(a) The regulations of this part apply to small business innovation
research grants awarded under the general authority of section 630 of
the Act making appropriations for Agriculture, Rural Development, and
Related Agencies' programs for fiscal year ending September 30, 1987,
and for other purposes, as made applicable by section 101(a) of Public
Law 99-591, 100 Stat. 3341, and the provisions of the Small Business
Innovation Development Act of 1982, as amended (15 U.S.C. 638). The
Small Business Innovation Development Act of 1982, as amended, mandates
that each Federal agency with an annual extramural budget for research
or research and development in excess of $100 million participate in a
Small Business Innovation Research (SBIR) program by reserving a
statutory percentage of its annual extramural budget for award to small
business concerns for research or research and development in order to
stimulate technological innovation, use small business to meet Federal
research and development needs, increase private sector
commercialization of innovations derived from Federal research and
development, and foster and encourage the participation of socially and
economically disadvantaged small business concerns and women-owned
small business concerns in technological innovation. The U.S.
Department of Agriculture (USDA) will participate in this program
through the issuance of competitive research grants which will be
administered by the Office of Competitive Research Grants and Awards
Management, Cooperative State Research, Education, and Extension
Service (CSREES).
(b) The regulations of this part do not apply to research grants
awarded by the Department of Agriculture under any other authority.
Sec. 3403.2 Definitions.
As used in this part:
Ad hoc reviewers means experts or consultants, qualified by
training and experience in particular scientific or technical fields to
render expert advice on the scientific or technical merit of grant
applications in those fields, who review on an individual basis one or
several of the eligible proposals submitted to this program in their
area of expertise and who submit to the Department written evaluations
of such proposals.
Awarding official means any officer or employee of the Department
who has the authority to issue or modify research project grant
instruments in behalf of the Department.
Budget period means the interval of time into which the project
period is divided for budgetary and reporting purposes.
Commercialization means the process of developing markets and
producing and delivering products or services for sale (whether by the
originating party or by others); as used here, commercialization
includes both government and commercial markets.
Department means the Department of Agriculture.
Funding agreement is any contract, grant, or cooperative agreement
entered into between any Federal agency and any small business for the
performance of experimental, developmental, or research work funded in
whole or in part by the Federal Government.
Grantee means the small business concern designated in the grant
award document as the responsible legal entity to whom a grant is
awarded under this part.
Peer review group means experts or consultants, qualified by
training and experience in particular scientific or technical fields to
give expert advice on the scientific and technical merit of grant
application in those fields, who assemble as a group to discuss and
evaluate all of the eligible proposals submitted to this program in
their area of expertise.
Principal investigator means a single individual designated by the
grantee in the grant application and approved by the Department who is
responsible for the scientific or technical direction of the project.
Therefore, the individual should have a scientific and technical
background.
Program solicitation is a formal request for proposals whereby an
agency notifies the small business community of its research or
research and development needs and interests in selected areas and
invites proposals from small business concerns in response to those
needs.
Project means the particular activity within the scope of one of
the research topic areas identified in the annual solicitation of
applications, which is supported by a grant award under this part.
Project period means the total length of time that is approved by
the Department for conducting the research project as outlined in an
approved grant application.
Research or research and development (R&D) means any activity which
is:
(1) A systematic, intensive study directed toward greater knowledge
or understanding of the subject studied;
(2) A systematic study directed specifically toward applying new
knowledge to meet a recognized need; or
(3) A systematic application of knowledge toward the production of
useful materials, devices, and systems or methods, including design,
development, and improvement of prototypes and new processes to meet
specific requirements.
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Research project grant means the award by the Department of funds
to a grantee to assist in meeting the costs of conducting for the
benefit of the public an identified project which is intended and
designed to establish, discover, elucidate, or confirm information or
the underlying mechanisms relating to a research topic area identified
in the annual solicitation of applications.
Small business concern means a concern which at the time of award
of phase I and Phase II funding agreements meets the following
criteria:
(1) Is organized for profit, independently owned or operated, is
not dominant in the field in which it is proposing, has its principal
place of business located in the United States, has a number of
employees not exceeding 500 (full-time, part-time, temporary, or other)
in all affiliated concerns owned or controlled by a single parent
concern, and meets the other regulatory requirements outlined in 13 CFR
part 121. Business concerns, other than licensed investment companies,
or State development companies qualifying under the Small Business
Investment Act of 1958, 15 U.S.C. 661, et seq., are affiliates of one
another when directly or indirectly one concern controls or has the
power to control the other or third parties (or party) control or have
the power to control both. Control can be exercised through common
ownership, common management, and contractual relationships. The term
``affiliates'' is defined in greater detail in 13 CFR 121.401(a)
through (m). The term ``number of employees'' is defined in 13 CFR
121.407. Business concerns include, but are not limited to, any
individual, partnership, corporation, joint venture, association, or
cooperative.
(2) Is at least 51 percent owned, or in the case of a publicly
owned business at least 51 percent of its voting stock is owned, by
United States citizens or lawfully admitted permanent resident aliens.
Socially and economically disadvantaged individual is a member of
any of the following groups: Black Americans, Hispanic Americans,
Native Americans, Asian-Pacific Americans, or Subcontinent Asian
Americans, other groups designated from time to time by the Small
Business Administration (SBA) to be socially disadvantaged, or any
other individual found to be socially and economically disadvantaged by
the SBA pursuant to section 8(a) of the Small Business Act, 15 U.S.C.
637(a).
Socially and economically disadvantaged small business concern is
one that is:
(1) At least 51 percent owned by
(i) An Indian tribe or a native Hawaiian organization, or
(ii) One or more socially and economically disadvantaged
individuals; and
(2) Whose management and daily business operations are controlled
by one or more socially and economically disadvantaged individuals.
Subcontract is any agreement, other than one involving an employer-
employee relationship, entered into by a Federal Government funding
agreement awardee calling for supplies or services required solely for
the performance of the original funding agreement.
United States means the several States, the territories and
possessions of the United States, the Commonwealth of Puerto Rico, the
Trust Territory of the Pacific Islands, and the District of Columbia.
Women-owned small business concern means a small business concern
that is at least 51 percent owned by a woman or women who also control
and operate it. ``Control'' as used in this context means exercising
the power to make policy decisions. ``Operate'' as used in this context
means being actively involved in the day-to-day management of the
concern.
Sec. 3403.3 Eligibility requirements.
(a) Eligibility of firm. (1) Each organization submitting a
proposal must qualify as a small business for research purposes, as
defined in Sec. 3403.2. Joint ventures and limited partnerships are
eligible to apply for and to receive research grants under this
program, provided that the entity created qualifies as a small business
in accordance with section 2(3) of the Small Business Act (15 U.S.C.
632) and as defined in Sec. 3403.2 of this part. For both phase I and
phase II the research must be performed in the United States.
(2) A minimum of two-thirds of the research or analytical work, as
determined by budget expenditures, must be performed by the proposing
organization under phase I grants. For phase II awards, a minimum of
one-half of the research or analytical effort must be conducted by the
proposing firm. The space used by the SBIR awardee to conduct the
research must be space over which it has exclusive control for the
period of the grant.
(b) Eligibility of principal investigator. (1) It is strongly
suggested that the individual responsible for the scientific or
technical direction of the project be designated as the principal
investigator. In addition, the primary employment of the principal
investigator must be with the proposing firm at the time of award and
during the conduct of the proposed research. Primary employment means
that more than one-half of the principal investigator's time is spent
in the employ of the small business. Primary employment with the small
business applicant precludes full-time employment with another
organization.
(2) If the proposed principal investigator is employed by another
organization (e.g., university or another company) at the time of
submission of the application, documentation must be submitted with the
proposal from the principal investigator's current employer verifying
that, in the event of an SBIR award, he/she will become a less-than
half-time employee of such organization and will remain so for the
duration of the SBIR project.
Subpart B--Program Description
Sec. 3403.4 Three-phase program.
The Small Business Innovation Research Grants Program will be
carried out in three separate phases described in this section. The
first two phases are designed to assist USDA in meeting its research
and development objectives and will be supported with SBIR funds. The
purpose of the third phase is to pursue the commercial applications or
objectives of the research carried out in phases I and II through the
use of private or Federal non-SBIR funds.
(a) Phase I is the initial stage in which the scientific and
technical merit and feasibility of an idea related to one of the
research areas described in the program solicitation is evaluated,
normally for a period not to exceed 6 months. In special cases,
however, where a proposed research project requires more than 6 months
to complete, a longer grant period may be considered. A proposer of a
phase I project with an anticipated duration beyond 6 months should
specify the length and duration in the proposal at the time of its
submission to USDA in order for it to be considered at the time of
award. (See Sec. 3403.16(c) for changes in project period subsequent to
award).
(b) Phase II is the principal research or research and development
effort in which the results from Phase I are expanded upon and further
pursued, normally for a period not to exceed 24 months. Only those
small businesses previously receiving phase I awards are eligible to
submit phase II proposals. For each phase I project funded the awardee
may apply for a phase II award only once. Phase I awardees who for
valid reasons cannot apply for phase II
[[Page 25369]]
support in the next fiscal year funding cycle may apply for support not
later than the second fiscal year funding cycle.
(c) Phase III is to stimulate technological innovation and the
national return on investment from research through the pursuit of
commercial objectives resulting from the work supported by SBIR funding
carried out in phases I and II. This portion of the project is
performed by the small business firm and privately funded or Federally
funded by a non-SBIR source through the use of a follow-on funding
commitment. A follow-on funding commitment is an agreement between the
small business firm and a provider of follow-on capital for a specified
amount of funds to be made available to the small business for further
development of their effort upon achieving certain mutually agreed upon
technical objectives during phase II.
Subpart C--Preparation and Submission of Proposals
Sec. 3403.5 Requests for proposals.
(a) Phase I. A program solicitation requesting phase I proposals
will be prepared each fiscal year in which funds are made available for
this purpose. The solicitation will contain information sufficient to
enable eligible applicants to prepare grant proposals and will include
descriptions of specific research topic areas which the Department will
support during the fiscal year involved, forms to be completed and
submitted with proposals, and special requirements. A notice will be
published in the Federal Register informing the public of the
availability of the program solicitation.
(b) Phase II. For each fiscal year in which funds are made
available for this purpose, the Department will send a letter
requesting phase II proposals from the phase I grantees eligible to
apply for phase II funding in that fiscal year. The letter will be
accompanied by the solicitation which contains information sufficient
to enable eligible applicants to prepare grant proposals and includes
forms to be submitted with proposals as well as special requirements.
Sec. 3403.6 General content of proposals.
(a) The proposed research must be responsive to one of the USDA
program interests stated in the research topic descriptions of the
program solicitation.
(b) Proposals must cover only scientific/technological research
activities. A firm must not propose product development, technical
assistance, demonstration projects, classified research, or patent
applications. Many of the research projects supported by the SBIR
program lead to the development of new products based upon the research
results obtained during the project. However, projects that seek
funding solely for product development where no research is involved,
i.e. the funds are needed to permit the development of a project based
on previously completed research, will not be accepted. Literature
surveys should be conducted prior to preparing proposals for submission
and must not be proposed as a part of the SBIR phase I or phase II
effort. Proposals principally for the development of proven concepts
toward commercialization or for market research should not be submitted
since such efforts are considered the responsibility of the private
sector and therefore are not supported by USDA.
(c) A proposal must be limited to only one topic. The same proposal
may not be submitted under more than one topic. However, an
organization may submit separate proposals on the same topic. Where
similar research is discussed under more than one topic, the proposer
should choose that topic whose description appears most relevant to the
proposer's research concept. Duplicate proposals will be returned to
the applicant without review.
(d) Phase I applicants should submit a research proposal of no more
than 25 pages, including cover page, budget, and all proposal-related
enclosures or attachments. The text must be prepared on only one side
of the page using standard size (8\1/2\'' x 11''; 21.6 cm x 27.9
cm) white paper, 2.5 cm margins and type no smaller than 11 point font
size regardless of whether it is single or double spaced. In the
interest of equity to all proposers, no additional attachments,
appendixes, or references beyond the 25-page limitation will be
considered in the proposal evaluation process, and proposals in excess
of the 25-page limitation will not be considered for review or award.
In addition, supplementary materials, revisions, and/or substitutions
will not be accepted after the due date for proposals. Phase II
applicants should submit a research proposal of no more than 50 pages,
including cover page, budget, and all proposal-related enclosures or
attachments.
Sec. 3403.7 Proposal format for phase I applications.
(a) Cover sheet. Photocopy and complete Form CSREES-667 in the
program solicitation. The original of the cover sheet must at a minimum
contain the pen-and-ink signatures of the proposed principal
investigator(s) and the authorized organizational official. A proposal
which does not contain the signature of the authorized organizational
official will not be considered a legal document and will be returned
to the proposing small business firm without review. All other copies
of the proposal must also contain a cover sheet, but facsimile or
photocopied signatures will be accepted. The title should be a brief
(80-character maximum), clear, specific designation of the research
proposed. It will be used to provide information to Congress and also
will be used in issuing press releases. Therefore, it should not
contain highly technical words. In addition, phrases such as
``investigation of'' or ``research on'' should not be used.
(b) Project summary. Photocopy and complete Form CSREES-668 in the
program solicitation. The technical abstract should include a brief
description of the problem or opportunity, project objectives, and a
description of the effort. Anticipated results and potential commercial
applications of the proposed research also should be summarized in the
space provided. Keywords, to be provided in the last block on the page,
should characterize the most important aspects of the project. The
project summary of successful proposals may be published by USDA and,
therefore, should not contain proprietary information.
(c) Technical content. The main body of the proposal should
include:
(1) Identification and significance of the problem or opportunity.
Clearly state the specific technical problem or opportunity addressed
and its importance.
(2) Background and rationale. Indicate the overall background and
technical approach to the problem or opportunity and the part that the
proposed research plays in providing needed results.
(3) Relationship with future research or research and development.
Discuss the significance of the phase I effort in providing a
foundation for the phase II R&D effort. State the anticipated results
of the approach if the project is successful (phases I and II). This
should address:
(i) The technical, economic, social, and other benefits to the
Nation and to users of the results such as the commercial sector, the
Federal Government, or other researchers;
(ii) The estimated total cost of the approach relative to benefits;
and, if appropriate,
[[Page 25370]]
(iii) Any specific policy issues or decisions which might be
affected by the results.
(4) Phase I technical objectives. State the specific objectives of
the phase I research or research and development effort, including the
technical questions it will try to answer to determine the feasibility
of the proposed approach.
(5) Phase I work plan. This work plan must provide an explicit,
detailed description of the phase I research or research and
development approach. The plan should indicate the tasks to be
performed as well as how and where the work will be carried out. The
phase I effort should attempt to determine the technical feasibility of
the proposed concept. The work plan should be linked with the technical
objectives of the research and the questions the effort is designed to
answer. Therefore, it should flow logically from Sec. 3403.7(c)(4) of
this part. This section should constitute a substantial portion of the
total proposal.
(6) Related research or research and development. Describe the
significant research or research and development activities from
relevant literature that are directly related to the proposed effort,
including any conducted by the principal investigator or by the
proposing firm, how it relates to the proposed effort, and any planned
coordination with outside sources. The proposer must persuade reviewers
that he or she is aware of related research in the selected subject.
(d) Key personnel and bibliography. Identify key personnel involved
in the effort, including information on their directly related
education and experience. For each key person, provide a chronological
list of the most recent representative publications in the topic area
during the preceding 5 years, including those in press. (List the
authors (in the same order as they appear on the paper), the full
title, and the complete reference as these usually appear in journals.
Where vitae are extensive, summaries that focus on most relevant
experience or publications may be necessary to meet the proposal size
limitation in phase I and phase II.
(e) Facilities and equipment. Describe the types, location, and
availability of instrumentation and physical facilities necessary to
carry out the work proposed. Items of equipment to be purchased must be
fully justified under this section.
(f) Consultants. Involvement of university or other consultants in
the planning and research stages of the project is permitted and may be
particularly helpful to small firms which have not previously received
Federal research awards. If such involvement is intended, it should be
described in detail. Proposals must include letters from proposed
consultants indicating willingness to serve in order for such
participation to be evaluated during the proposal review process. (See
Sec. 3403.11(d) or Sec. 3403.12(5), as appropriate).
(g) Potential post application. Briefly describe:
(1) Whether and by what means the proposed research appears to have
potential commercial application; and
(2) Whether and by what means the proposed research appears to have
potential use by the Federal Government. Firms with prior USDA SBIR
grant support should summarize their progress in commercializing the
results of that research. Past performance in the commercialization
process may be a consideration in award decisions.
(h) Current and pending support. If a proposal, substantially the
same as the one being submitted, has been previously funded or is
currently funded, pending, or about to be submitted to another Federal
agency or to USDA in a separate action, the proposer must provide the
following information:
(1) Name and address of the agency(s) to which a proposal was
submitted, or will be submitted, or from which an award is expected or
has been received.
(2) Date of actual or anticipated proposal submission or date of
award, as appropriate.
(3) Title of proposal or award, identifying number assigned by the
agency involved, and the date of program solicitation under which the
proposal was submitted or the award was received.
(4) Applicable research topic area for each proposal submitted or
award received.
(5) Title of research project.
(6) Name and title of principal investigator for each proposal
submitted or award received. USDA will not make awards that duplicate
research funded (or to be funded) by other Federal agencies.
(i) Cost-breakdown on proposal budget. Photocopy and complete form
CSREES-55 in the program solicitation only for the phase under which
you are currently applying. (An applicant for phase I funding should
not submit both phase I and II budgets.) Please note the following in
completing the budget:
(1) Salaries and wages. Indicate the number and kind of personnel
for whom salary support is sought. For key personnel, also indicate the
number of work months of involvement to be supported with USDA funds
(see blocks labeled ``CSREES Funded Work Months''), and explain how the
level of compensation was established, e.g., the hourly rate of pay,
the monthly rate of pay, or the yearly rate of pay.
(2) Equipment. Performing organizations are expected to have
appropriate facilities, suitably furnished and equipped. Items of
equipment may be requested provided that they are specifically
identified and adequately justified, but such requests should normally
not exceed 10% of the budget for phase I. When purchasing equipment or
a product under the SBIR funding agreement, the awardee should purchase
only American-made items whenever possible. Equipment is defined as an
article of nonexpendable, tangible personal property having a useful
life of more than 2 years and an acquisition cost of $500 or more per
unit. Vesting of title to equipment purchased with funds provided under
an SBIR funding agreement will be determined by USDA based upon whether
such transfer would be more cost effective than recovery of the
property by the government. Awardees should plan to lease expensive
equipment.
(3) Travel. The inclusion of travel will be carefully reviewed with
respect to need and appropriateness for the research proposed. Foreign
travel may not be included in the phase I budget.
(4) Subcontracting limits. Subcontracting may not exceed one-third
of the research or analytical effort during phase I. In addition,
subcontractors must perform their portion of the work in the United
States. If subcontracting costs are anticipated, they should be
indicated in block I, ``All Other Direct Costs,'' on the budget sheet.
A breakdown of subcontractual costs is required. For proposals
involving subcontractual arrangements, the applicant must submit an
agreement or letter of consent signed by the subcontractor in order for
such participation to be evaluated during the proposal review process.
(5) Fee. A reasonable fee not to exceed 7% is permitted under this
program. All fees are subject to negotiation with USDA. If a fee is
requested, the amount should be indicated in block M on the budget
sheet.
(6) Indirect costs. If available, the current rate negotiated with
the cognizant Federal negotiating agency should be used, unless
restricted by statute. Indirect costs may not exceed the lesser of the
negotiated rate or the rate restricted by statute. If no rate has been
negotiated, a reasonable dollar amount in lieu of indirect costs may be
[[Page 25371]]
requested, which will be subject to approval by USDA. A proposer may
elect not to charge direct costs and, instead, use all grant funds for
direct costs. If a negotiated rate is used, the percentage and base
should be indicated in the space allotted under item K on the budget
sheet. If indirect costs are not charged, the phrase ``None requested''
should be written in this space.
(7) Cost-sharing. Cost-sharing is permitted for proposals under
this program; however, cost-sharing is not required nor will it be an
evaluation factor in considering the competitive merit of proposals
submitted.
(j) Research involving special considerations. (1) If the proposed
research will involve recombinant DNA molecules, human subjects at
risk, or laboratory animal care, the proposal must so indicate and
include an assurance statement (Form CSREES-662) as the last page of
the proposal. The original of the assurance statement must at a minimum
contain the pen-and-ink signature of the authorized organizational
official. This form will not be considered a part of the 25-page
limitation for Phase I proposals and the 50-page limitation for Phase
II proposals. In order to complete the assurance statement, the
proposer may be required to have the research plan reviewed and
approved by an appropriate ``Institutional Review Board'' prior to
commencing actual substantive work. It is suggested that proposers
contact local universities, colleges, or nonprofit research
organizations which have established such reviewing mechanisms to have
this service performed.
(2) Guidelines to be applied and observed when conducting such
research are:
(i) Recombinant DNA Molecules. ``Guidelines for Research Involving
Recombinant DNA Molecules'' issued by the National Institutes of
Health, as revised.
(ii) Human Subjects at Risk. Regulations issued by the Department
of Health and Human Services. (See 7 CFR Part 1c.)
(iii) Laboratory Animal Care. Regulations issued by the Department
of Agriculture. (See 9 CFR Parts 1, 2, 3, and 4.)
(k) Proprietary information. (1) If a proposal contains proprietary
information that constitutes a trade secret, proprietary commercial or
financial information, confidential personal information, or data
affecting the national security, it will be treated in confidence to
the extent permitted by law, provided the information is clearly marked
by the proposer with the term ``confidential proprietary information''
is confided to a separate page or pages, and provided the following
legend also appears in the designated area at the bottom of the
proposal's cover sheet (Form CSREES-667):
The following pages (specify) contain proprietary information
which (name of proposing organization) requests not be released to
persons outside the Government, except for purposes of evaluation.
(2) USDA by law is required to make the final decision as to
whether the information is required to be kept in confidence.
Information contained in unsuccessful proposals will remain the
property of the proposer. However, USDA will retain for one year one
file copy of all proposals received; extra copies will be destroyed.
Public release of information for any proposal submitted will be
subject to existing statutory and regulatory requirements. Any proposal
which is funded will be considered an integral part of the award and
normally will be made available to the public upon request except for
designated proprietary information that is determined by USDA to be
proprietary information.
(3) The inclusion of proprietary information is discouraged unless
it is necessary for the proper evaluation of the proposal. ``If
proprietary information is to be included, it should be limited, set
apart from other text on a separate page, and keyed to the text by
numbers.'' It should be confided to a few critical technical items
which, if disclosed, could jeopardize the obtaining of foreign or
domestic patents. Trade secrets, salaries, or other information which
could jeopardize commercial competitiveness should be similarly keyed
and presented on a separate page. ``Proposals or reports which attempt
to restrict dissemination of large amounts of information may be found
unacceptable by USDA. Any other legend than that listed in paragraph
(k)(1) of this section may be unacceptable to USDA and may constitute
grounds for return of the proposal without further consideration.''
Without assuming any liability for inadvertent disclosure, USDA will
limit dissemination of such information to its employees and, where
necessary for the evaluation of the proposal, to outside reviewers on a
confidential basis.
(l) Rights in data developed under SBIR funding Agreement. The SBIR
legislation provides for ``retention of rights in data generated in the
performance of the contract by the small business concern.''
(1) The legislative history clarifies that the intent of the
statute is to provide authority for the participating agency to protect
technical data generated under the funding agreement, and to refrain
from disclosing such data to competitors of the small business concern
or from using the information to produce future technical procurement
specifications that could harm the small business concern that
discovered and developed the innovation until the small business
concern has a reasonable chance to seek patent protection, if
appropriate.
(2) Therefore, except for program evaluation, participating
agencies shall protect such technical data for a period of not less
than 4 years from the completion of the project from which the data
were generated unless the agencies obtain permission to disclose such
data from the contractor or grantee. The government shall retain a
royalty-free license for government use of any technical data delivered
under an SBIR funding agreement whether patented or not.
(m) Organizational management information. Before the award of an
SBIR funding agreement, USDA requires the submission of certain
organization management, personnel and financial information to assure
the responsibility of the proposer. Form CSRS-666 (``Organizational
Information'') and Form CSRS-665 (``Assurance of Compliance with the
Department of Agriculture Regulations Under Title VI of the Civil
Rights Act of 1964, as amended'') are used for this purpose. This
information is not required unless a project is recommended for
funding, and then it is submitted on a one-time basis only. However,
new forms should be submitted if a small business has undergone
significant changes in organizations, personnel, finance, or policies
including those relating to civil rights.
Sec. 3403.8 Proposal format for phase II applications.
(a) Cover sheet. Follow instructions found in Sec. 3403.7(a) of
this part.
(b) Project summary. Follow instructions found in Sec. 3403.7(b) of
this part.
(c) Phase I results. The proposal should contain an extensive
section that lists the phase I objectives and makes detailed
presentation of the phase I results. This section should establish the
degree to which phase I objectives were met and feasibility of the
proposed research project was established.
(d) Proposal. Since phase II is the principal research and
development effort, proposals should be more
[[Page 25372]]
comprehensive than those submitted under phase I. However, the outline
contained in Sec. 3403.7(c) of this part should be followed, tailoring
the information requested to the phase II project.
(e) Coast breakdown on proposal budget. (1) For phase II, a
detailed budget is required for each year of requested support. In
addition, a summary budget is required detailing the requested support
for the overall project period. Form CSREES-55, ``Proposal Budget,'' is
to be used for this purpose and may be photocopied as necessary.
(2) Travel. Foreign travel may be included as necessary in the
phase II budget. Such a request will be reviewed with respect to need
and appropriateness for the research proposed and therefore should be
adequately justified in the proposal.
(3) Subcontracting limits. The instructions found in
Sec. 3403.7(i)(4) of this part apply to phase II proposals except that
the subcontracting limit is changed from one-third to one-half of the
research or analytical effort.
(f) Organizational management information. Each phaser II awarded
will be asked to submit an updated statement of financial condition
(such as the latest audit report, financial statements or balance
sheet).
(g) Follow-on funding commitment. If the proposer has obtained a
contingent commitment for phase III follow-on funding, it should be
forwarded with the phase II application. It will not count as part of
the 50-page limit for phase II application.
(h) Documentation of multiple phase II awards. (1) An applicant
that submits a proposal for a funding agreement for phase I and that
has received more than 15 phase II awards during the preceding 5 fiscal
years must document the extent to which it was able to secure phase III
funding to develop concepts resulting from previous phase II award.
This documentation should include the name of the awarding agency, date
of award, funding agreement number, topic or subtopic title, amount and
date of phase II funding and commercialization status for each phase II
award.
(2) USDA shall collect and retain the information submitted under
paragraph (h)(1) at least until the General Accounting Office submits
the report required under section 106 of the Small Business Research
and Development Enhancement Act of 1992.
Sec. 3403.9 Submission of proposals.
The program solicitation for phase I proposals and the letter
requesting phase II proposals will provide the deadline date for
submitting proposals, the number of copies to be submitted, and the
address where proposals should be mailed or delivered.
Subpart D--Proposal Review and Evaluation
Sec. 3403.10 Proposal review.
(a) All research grant applications will be acknowledged.
(b) Phase I and phase II proposals will be judged competitively in
a two-stage process, based primarily upon scientific or technical
merit. First, each proposal will be screened by USDA scientists to
ensure that it is responsive to stated requirements contained in the
program solicitation. Proposals found to be responsive will be
technically evaluated by peer scientists knowledgeable in the
appropriate scientific field using the criteria listed in Sec. 3403.11
or Sec. 3403.12 of this part, as appropriate. Proposals found to be
nonresponsive will be returned to the proposing firm without review.
(c) Both internal and external peer reviewers may be used during
the technical evaluation stage of this process. Selections will be made
from among recognized specialists who are uniquely qualified by
training and experience in their respective fields to render expert
advice on the merit of proposals received. It is anticipated that such
experts will include those located in universities, Government, and
non-profit research organizations. If possible, USDA intends that peer
review groups shall be balanced with minority and female representation
and with an equitable age distribution.
(d) Technical reviewers will base their conclusions and
recommendations on information contained in the phase I or phase II
proposal. It cannot be assumed that reviewers are acquainted with any
experiments referred to within a proposal, with key individuals, or
with the firm itself. Therefore, the proposal should be self-contained
and written with the care and thoroughness accorded papers for
publication.
(e) Final decisions will be made by USDA based upon the ratings
assigned by reviewers and consideration of other factors, including the
potential commercial application, possible duplication of other
research, any critical USDA requirements, and budget limitation. In
addition, the follow-on funding commitment will be a consideration for
phase II proposals.
Sec. 3403.11 Phase I evaluation criteria.
USDA plans to select for award those proposals offering the best
value to the Nation, with approximately equal consideration given to
each of the following criteria except for paragraph (a) of this section
which will receive twice the value of any of the other items:
(a) The scientific/technical quality of the phase I research plan
and its relevance to the stated objectives, with special emphasis on
innovativeness and originality.
(b) Importance of the problem or opportunity and anticipated
benefits of the proposed research, if successful.
(c) Adequacy of the phase I objectives to show incremental progress
toward proving the feasibility of approach.
(d) Qualifications of the principal investigator(s), other key
staff and consultants, and the probable adequacy of available or
obtainable instrumentation and facilities.
Sec. 3403.12 Phase II evaluation criteria.
(a) A phase II proposal may be submitted only by a phase I awardee.
The phase II proposal will be reviewed for overall merit based on the
following criteria with each item receiving approximately equal weight
except for paragraphs (a) (1) and (2) of this section, which will
receive twice the value of any of the other items:
(1) The scientific/technical quality of the proposed research, with
special emphasis on innovativeness and originality.
(2) Degree to which phase I objectives were met and feasibility was
established.
(3) The technical, economic, and/or social importance of the
problem or opportunity and anticipated benefits if Phase II research is
successful.
(4) The adequacy of the phase II objectives to meet the problem or
opportunity.
(5) The qualifications of the principal investigator(s) and other
key personnel to carry out the proposed work.
(6) Reasonableness of the budget requested for the work proposed.
(b) In the event that two or more phase II proposals are of
approximately equal technical merit, the follow-on funding commitment
for continued development in phase III will be an important
consideration. The value of the commitment will depend upon the degree
of commitment made by non-Federal investors, with the maximum value
resulting from a signed agreement with reasonable terms for an amount
at least equal to the funding requested from USDA in phase II.
Sec. 3403.13 Availability of information.
Information regarding the peer review process will be made
available to the extent permitted under the Freedom of
[[Page 25373]]
Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C. 552a), the
SBIR policy Directive, and implementing Departmental and other Federal
regulations. Implementing Departmental regulations are found at 7 CFR
part 1.
Subpart E--Supplementary Information
Sec. 3403.14 Terms and conditions of grant awards.
Within the limit of funds available for such purpose, the awarding
official shall make research project grants to those responsible,
eligible applicants whose proposals are judged most meritorious in the
announced program areas under the evaluation criteria and procedures
set forth in this part. The beginning of the project period shall be no
later than September 30 of the Federal fiscal year in which the project
is approved for support. All funds granted under this part shall be
expended solely for the purpose for which the funds are granted in
accordance with the approved application and budget, the regulations of
this part, the terms and conditions of the award, the Federal
Acquisition Regulation (48 CFR part 31), and the Department's Uniform
Federal Assistance Regulations (7 CFR part 3015).
Sec. 3403.15 Notice of grant awards.
(a) The grant award document shall include, at a minimum, the
following:
(1) Legal name and address of performing organization.
(2) Title of project.
(3) Name(s) and address(es) of Principal Investigator(s).
(4) Identifying grant number assigned by the Department.
(5) Project period, which specifies how long the Department intends
to support the effort.
(6) Total amount of Federal financial assistance approved during
the project period.
(7) Legal authorities under which the grant is awarded.
(8) Approved budget plan for categorizing allocable project funds
to accomplish the stated purpose of the grant award.
(9) Other information or provisions deemed necessary by the
Department to carry out its granting activities or to accomplish the
purpose of a particular research project grant.
(b) The notice of grant award, in the form of a letter, will
provide pertinent instructions and information to the grantee which are
not included in the grant award document described in paragraph (a).
Sec. 3403.16 Use of funds; changes.
(a) Delegation of fiscal responsibility. The grantee may not in
whole or in part delegate or transfer to another person, institution,
or organization the responsibility for use or expenditure of grant
funds.
(b) Change in project plans. (1) The permissible changes by the
grantee, principal investigator(s), or other key project personnel in
the approved research project grant shall be limited to changes in
methodology, techniques, or other aspects of the project to expedite
achievement of the project's approved goals. If the grantee and/or the
principal investigator(s) are uncertain as to whether a change complies
with this provision, the question must be referred to the Department
for a final determination.
(2) Changes in approved goals, or objectives, shall be requested by
the grantee and approved in writing by the Department prior to
effecting such changes. In no event shall requests for such changes be
approved which are outside the scope of the original approved project.
(3) Changes in approved project leadership or the replacement or
reassignment of other key project personnel shall be requested by the
grantee and approved in writing by the Department prior to effecting
such changes.
(4) Transfers of actual performance of the substantive programmatic
work in whole or in part and provisions for payment of funds, whether
or not Federal funds are involved, shall be requested by the grantee
and approved in writing by the Department prior to effecting such
transfers.
(c) Changes in project period. The project period may be extended
by the Department to complete or fulfill the purposes of an approved
project provided Federal funds remain. The extension shall be
conditioned upon prior request by the grantee and approval in writing
by the Department. In such cases the extension will not normally exceed
12 months, the phase I award will still be limited to $55,000, and the
submission of a Phase II proposal will be delayed by one year. The
extension allows the grantee to continue expending the remaining
Federal funds for the intended purpose over the extension period. In
instances where no Federal funds remain, it is unnecessary to approve
an extension since the purpose of the extension is to continue using
Federal funds. The grantee may opt to continue the Phase I project
after the grant's termination and closeout, however, the grantee would
have to do so without additional Federal funds. In the latter case, no
communication with USDA is necessary. However, the maximum delay for
submission of a Phase II proposal remains as specified in
Sec. 3403.4(b).
(d) Changes in approved budget. Changes in an approved budget shall
be requested by the grantee and approved in writing by the Department
prior to instituting such changes if the revision will:
(1) Involve transfers of amounts budgeted for indirect costs to
absorb increase in direct costs;
(2) Involve transfers of amounts budgeted for direct costs to
accommodate changes in indirect cost rates negotiated during a budget
period and not approved when a grant was awarded;
(3) Result in a need or claim for the award of additional funds; or
(4) Involve transfers or expenditures of amounts requiring prior
approval as set forth in the Departmental regulations or in the grant
award.
Sec. 3403.17 Other Federal statutes and regulations that apply.
Several other Federal statutes and/or regulations apply to grant
proposals considered for review or to research project grants awarded
under this part. These include but are not limited to:
7 CFR Part 1--USDA implementation of Freedom of Information Act.
7 CFR Part 1c--USDA implementation of the Federal Policy for the
Protection of Human Subjects;
7 CFR Part 3--USDA implementation of OMB Circular A-129,
Managing Federal Credit Programs.
7 CFR Part 15, Subpart A--USDA implementation of Title VI of the
Civil Rights Act of 1964, as amended.
7 CFR Part 3015--USDA Uniform Federal Assistance Regulations,
implementing OMB directives where applicable (i.e., Circular Nos. A-
102, A-110, A-87, A-21, and A-122) and incorporating provisions of
31 U.S.C. 6301-6308 (formerly the Federal Grant and Cooperative
Agreement Act of 1977, Public Law 95-224), as well as general policy
requirements applicable to recipients of Departmental financial
assistance.
7 CFR Part 3017, as amended--USDA implementation of
Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), as
amended.
7 CFR Part 3018--USDA implementation of New Restrictions on
Lobbying. Imposes new prohibitions and requirements for disclosure
and certification related to lobbying on recipients of Federal
contracts, grants, cooperative agreements, and loans.
7 CFR Part 3407--CSREES procedures to implement the National
Environmental Policy Act;
[[Page 25374]]
48 CFR Part 31--Contract Cost Principles and Procedures of the
Federal Acquisition Regulation.
29 U.S.C. 794, section 504--Rehabilitation Act of 1973, and 7
CFR Part 15B (USDA implementation of statute), prohibiting
discrimination based upon physical or mental handicap in Federally
assisted programs.
35 U.S.C. 200 et seq.--Bayh-Dole Act, controlling allocation of
rights to inventions made by employees of small business firms and
domestic nonprofit organizations, including universities, in
Federally assisted programs (implementing regulations are contained
in 37 CFR Part 401).
Sec. 3403.18 Other conditions.
The Department may, with respect to any research project grant,
impose additional conditions prior to or at the time of any award when,
in the Department's judgment, such conditions are necessary to assure
or protect advancement of the approved project, the interests of the
public, or the conservation of grant funds.
Done at Washington, D.C., this 10th day of May, 1996.
B.H. Robinson,
Administrator, Cooperative State Research, Education, and Extension
Service.
[FR Doc. 96-12375 Filed 5-17-96; 8:45 am]
BILLING CODE 3410-22-M
Complete official Federal Register PDF
FR Doc. 96-11777 Lifesaving Equipment
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Rules and Regulations]
[Pages 25272-25339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11777]
[[Page 25271]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Part 30 et al.
Lifesaving Equipment; Interim Rule
Federal Register / Vol. 61, No. 98 / Monday, May 20, 1996 / Rules and
Regulations
[[Page 25272]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 30, 31, 32, 33, 35, 70, 71, 75, 77, 78, 90, 91, 94,
96, 97, 107, 108, 109, 125, 133, 167, 168, 188, 189, 192, 195, 196,
and 199
[CGD 84-069]
RIN 2115-AB72
Lifesaving Equipment
Agency: Coast Guard, DOT.
Action: Interim rule with request for comments.
-----------------------------------------------------------------------
Summary: As part of the President's Regulatory Review Initiative to
remove or revise unnecessary government regulations, this interim rule
removes numerous obsolete sections from the Code of Federal Regulations
and eliminates duplication of other provisions by consolidating the
lifesaving requirements for most U.S. inspected vessels into the new
subchapter W. This rule revises the lifesaving equipment regulations
for U.S. inspected vessels. It implements the provisions of Chapter III
of the Safety of Life at Sea Convention 1974, as amended, and revises
lifesaving regulations for Great Lakes vessels and certain vessels in
domestic trade which are not covered by the Safety of Life at Sea
Convention. The rule also replaces many prescriptive regulations with
performance-based alternatives. The Coast Guard is requesting public
comment on this interim rule because it has been more than 5 years
since publication of the notice of proposed rulemaking.
Effective Dates: This interim rule is effective on October 1, 1996.
Comments on this interim rule must be received on or before July 31,
1996. The Director of the Federal Register approves the incorporation
by reference of certain publications listed in the regulations as of
October 1, 1996.
Addresses: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) [CGD 84-069], U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477. Comments on collection-of-information
requirements must be mailed also to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
A copy of the material listed in ``Incorporation by Reference'' of
this rule is available for inspection at room 1404, U.S. Coast Guard
Headquarters. Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary.
The revised Chapter III of the Safety of Life at Sea Convention
(SOLAS) is published by the International Maritime Organization (IMO)
in ``SOLAS, Consolidated Edition, 1992'' (IMO publication IMO-11OE).
The International Maritime Organization also publishes the
``Recommendation on Testing of Life-saving Appliances, Resolution
A.689(17)'' and the other IMO documents incorporated by reference in
this rule. The International Maritime Organization publications and
documents referred to in this rule are available from the International
Maritime Organization, Publications Section, 4 Albert Embankment,
London SE1 7SR, England.
In addition, IMO publications are available from the following U.S.
sources:
Baker-Lyman & Co., Inc., P.O. Box 838, 3220 South I-10 Service
Road, West, Metairie, LA 70004, telephone (504) 831-3685 or (800) 535-
6956.
Baker-Lyman & Co., Inc., 8876 Gulf Freeway, Suite 110, Houston, TX
77017, telephone (713) 943-7032.
Labelmaster, 5724 North Pulaski Road, Chicago, IL 60646-6797,
telephone (312) 478-0900.
McCurnin Nautical Charts Co., 2318 North Woodlawn Avenue, Metairie,
LA 70001, telephone (504) 888-4500.
Marine Education Textbooks, 124 North Van Avenue, Houma, LA 70363-
5895, telephone (504) 879-3866.
Maryland Nautical Sales, Inc., 1400 East Clement Street, Baltimore,
MD 21230, telephone (410) 752-4268.
Nautical Charts Supply, Inc., 90 Hudson Street, New York, NY 10013,
telephone (212) 925-8849.
New York Nautical Instrument & Service Corp., 140 West Broadway,
New York, NY 10013, telephone (212) 962-4522.
Safe Navigation, Inc., 820 Long Beach Boulevard, Long Beach, CA
90813, telephone (310) 590-8744.
UNZ & Co., 190 Baldwin Avenue, Jersey City, NJ 07306, telephone
(201) 795-5400.
Navigation and Vessel Inspection Circulars (NVIC) and the Coast
Guard's Marine Safety Manual are available by subscription from the
Government Printing Office, Washington, DC 20402, telephone (202) 783-
3238. Previously issued NVICs may be purchased from the U.S. Coast
Guard National Maritime Center (Attn: NVIC), 4200 Wilson Boulevard,
Suite 510, Arlington, VA 22203-1804, telephone (703) 235-1605.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Markle, Chief, Lifesaving
and Fire Safety Standards Division (G-MSE-4), U.S. Coast Guard
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001,
telephone (202) 267-1444, fax (202) 267-1069. Normal office hours are
between 8 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [CGD 84-069] and the specific section of this
interim rule to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this interim rule based on the comments.
The Coast Guard plans no additional public hearings. Persons may
request a public hearing by writing to the Marine Safety Council at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that another opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold another public hearing at a time and place announced by a later
notice in the Federal Register.
Regulatory History
The Coast Guard published an advance notice of proposed rulemaking
(ANPRM) in the Federal Register on December 31, 1984 (49 FR 50745).
That notice described the major changes under consideration and invited
comments on the project.
[[Page 25273]]
The Coast Guard published a notice of proposed rulemaking (NPRM)
for this rulemaking in the Federal Register on April 21, 1989 (54 FR
16196), and invited comments on its proposals. Fifty-six letters were
submitted to the public docket from vessel operators, industry
associations, drilling companies, equipment manufacturers, interested
individuals, Coast Guard offices, and the National Transportation
Safety Board (NTSB). The comments generally supported the regulatory
proposals in concept, but many suggested changes to particular
provisions in the proposed rule. These comments are addressed in the
``Discussion of Comments and Changes'' section of this preamble.
A public hearing was held to receive comments on the proposed
rules, particularly the provisions affecting passenger ferries. The
hearing was announced in a Federal Register notice on October 5, 1989
(54 FR 41124), and the hearing was held in Seattle, Washington, on
October 17, 1989. Fifty-nine persons attended the hearing and 18
persons presented oral comments during the hearing. Comments received
at the hearing are also discussed in the ``Discussion of Comments and
Changes'' section of this preamble.
On November 16, 1995, the Coast Guard published an interim rule
with a request for comments that revised the regulations for offshore
supply vessels (OSV) including liftboats [CGD 82-004 and CGD 86-074]
(60 FR 57630). That rule created a new subchapter L containing a
complete set of regulations applicable to new OSVs. The rule added and
reserved 46 CFR part 133 for OSV lifesaving requirements, which are now
added to subchapter L by this rule.
This interim rule does not affect small passenger vessels inspected
under subchapter T in 46 CFR chapter I. Lifesaving equipment
regulations for small passenger vessels were published in an interim
rule on January 10, 1996 (61 FR 865), as part of a comprehensive
project to revise subchapter T and establish a new subchapter K
covering larger small passenger vessels with higher carriage capacities
[CGD85-080].
This rule is being published as an interim rule and the Coast Guard
is seeking comments on it, because publication of the NPRM occurred
more than 5 years ago. If warranted by the comments, the Coast Guard
may revise these regulations before their effective date.
This project is part of the President's Regulatory Review
Initiative to remove or revise unnecessary government regulations. This
project removes numerous obsolete sections from the Code of Federal
Regulations (CFR) and eliminates others by consolidating the lifesaving
requirements for most U.S. inspected vessels into the new subchapter W.
Subchapter W also replaces many prescriptive regulations with
performance-based alternatives.
Review of NPRM
On June 17, 1983, the International Maritime Organization (IMO)
Maritime Safety Committee approved the 1983 Amendments to SOLAS,
including a new Chapter III (Lifesaving Appliances and Arrangements).
The new SOLAS requirements came into force on July 1, 1986, for the
United States and all other contracting governments. The Safety of Life
at Sea Convention applies to ships on international voyages, except--
(1) Ships of war and troopships;
(2) Cargo ships (including tankers) under 500 tons gross tonnage;
(3) Ships not propelled by mechanical means;
(4) Wooden ships of primitive build;
(5) Pleasure yachts not engaged in trade; and
(6) Fishing vessels.
In addition to the changes necessary to conform lifesaving
requirements to SOLAS, the Coast Guard has made a number of other
revisions to the lifesaving system regulations for inspected vessels in
domestic services in response to problems identified through
investigations into casualties that had occurred over a 25-year period.
The Coast Guard Authorization Act of 1984 also directed improvements in
the lifesaving systems on passenger ferries.
The Coast Guard considered many provisions of the regulations
existing at the start of this rulemaking to be obsolete. Some
regulatory provisions dated back to the 1940s. The NPRM, therefore,
proposed a new subchapter W in 46 CFR chapter I, which would contain
requirements for the number and type of lifesaving appliances and
arrangements on tank vessels, cargo vessels, passenger vessels over 100
tons gross tonnage, oceanographic vessels, nautical school vessels,
OSVs, and mobile offshore drilling units (MODU). The structure of the
proposed subchapter W closely paralleled SOLAS, Chapter III, even
though its provisions applied to vessels in domestic services as well
as to those subject to SOLAS. The Coast Guard also proposed to remove
the lifesaving provisions in the various individual vessel subchapters
throughout 46 CFR chapter I, which would be consolidated into
subchapter W. Only provisions related to lifesaving system inspections,
operations, and drills were proposed to be left in the individual
vessel subchapters.
Overview of Interim Rule
This interim rule revises vessel lifesaving equipment carriage
regulations in 46 CFR chapter I, for tank vessels, cargo and
miscellaneous vessels, MODUs, passenger vessels, nautical school
vessels, OSVs, and oceanographic research vessels. Revisions are
included in 46 CFR chapter I, subchapter I-A for MODUs and subchapter L
for OSVs. The remaining provisions are consolidated in a new subchapter
W of 46 CFR chapter I. Subchapter W replaces most of the lifesaving
equipment regulations currently individually prescribed in separate
subchapters applicable to tank vessels, cargo and miscellaneous
vessels, passenger vessels, nautical school vessels, and oceanographic
research vessels.
The NPRM proposed to remove the lifesaving requirements from 46 CFR
chapter I, subchapter I-A for MODUs, and publish them in the new
subchapter W. As a result of the offshore industry's comments and a
recommendation by the Coast Guard's National Offshore Industry Advisory
Committee, however, the revised lifesaving regulations for MODUs will
remain in subchapter I-A. For the same reason, the lifesaving
regulations for OSVs, including liftboats, are being placed in
subchapter L rather than subchapter W.
Relationship to SOLAS and Recent SOLAS Revisions
The Coast Guard has compared the regulations in this interim rule
to the international standards in SOLAS and has determined that this
rule does not unnecessarily establish requirements in excess of
international standards. This rule removes some requirements that were
proposed in the NPRM that exceeded the requirements in SOLAS.
Since the 1983 SOLAS Amendments were adopted, a number of other
amendments to Chapter III of SOLAS have been adopted. The Coast Guard,
anticipating some of these changes, proposed them in the NPRM and they
are included in this interim rule. Other changes to SOLAS clarify or
create alternative ways of meeting SOLAS requirements. These changes
are also included in this interim rule. New SOLAS requirements that
were not proposed in the NPRM or that do not offer alternatives are not
part of this interim rule. All of these provisions are discussed in the
``Discussion of Comments and Changes'' section of this preamble.
Organization of Subchapter W
Subparts A, B, C, and D of subchapter W are based on Chapter III of
SOLAS.
[[Page 25274]]
Section numbers in subparts A, B, C, and D of subchapter W are
generally related to the regulation numbers in Chapter III of SOLAS,
but paragraph designations are not related to the numbering in Chapter
III of SOLAS. To find the corresponding SOLAS, Chapter III regulation
for subparts A, B, C, and D of subchapter W, beginning with
Sec. 199.10, divide the section number following the decimal point by
10. Subparts E and F of subchapter W set out the requirements for
vessels that are not subject to SOLAS and provide for exceptions and
alternatives to the SOLAS requirements.
Discussion of Comments and Changes
Comments
The Coast Guard received 74 comments on the NPRM that consisted of
both letters to the docket and remarks at the public hearing. The
following paragraphs contain and analysis of comments received and an
explanation of any changes if any, made in the rules.
Numerous comments noted editorial problems in the NPRM. The Coast
Guard has incorporated these comments where appropriate, but the
changes are not discussed in detail in this preamble. Some other
comments addressed subjects beyond the scope of the revisions proposed
in the NPRM. These comments are also not discussed in detail. Comments
that generally supported the NPRM, or that disagreed with the NPRM but
failed to provide reasoning for the disagreement, are also not
addressed in this preamble.
Two comments stated that the full impact of the NPRM could not be
accurately assessed until: (a) the effects of the International Tonnage
Convention (ITC) on U.S. law are determined; (b) subchapter L (OSVs) is
published; (c) proposed subchapter T revisions are known; and (d)
sections of subchapter W that apply to boats regulated under
subchapters L and T are known. The impact of this rule is discussed
more fully in the Regulatory Impact Analysis to this rule and the
``Regulatory Evaluation'' section of this preamble.
The ITC applies to all vessels on international voyages over 24
meters (79 feet) in length that were built after July 18, 1994. Vessels
built on or before July 18, 1994, on international voyages may continue
to use their domestic tonnage to determine their tonnage-based
requirements for the life of the vessel, unless major alterations are
made to the vessel.
The lifesaving requirements applying to OSVs, which were proposed
in the NPRM to be part of subchapter W, are now being published as part
of subchapter L. An interim rule promulgating subchapter L, which
applies only to OSVs, including liftboats was published on November 16,
1995 (60 FR 57630). This should eliminate any confusion concerning what
lifesaving requirements apply to OSVs. Vessels must be less than 500
tons gross tonnage to be inspected as OSVs under subchapter L. Any
vessel in the offshore service business which is 500 tons gross tonnage
or over, would have to meet the applicable lifesaving requirements of
subchapter W.
The interim rule for small passenger vessels regulated under
subchapter T and K was published on January 10, 1996 (61 FR 865). The
Coast Guard invites comments on the impact of this rule as it relates
to the provisions of the ITC and subchapters L, T, and K.
Several comments objected to the SOLAS lifesaving rules under
subchapter W being applied to all vessels, regardless of their type or
service. This rule does not apply SOLAS rules to all vessels. Section
199.10(b) excludes non-self-propelled vessels from the lifesaving
equipment regulations if these vessels do not have accommodation or
work spaces on board. For other vessels, the SOLAS, Chapter III
regulations provide the basis for the structure of subchapter W. Many
of the SOLAS requirements apply broadly to lifesaving system
installations on all vessels. Subparts A, B, C, and D of subchapter W
set out the requirements for vessels on international voyages that are
subject to SOLAS and are based on SOLAS, Chapter III. Subparts E and F
of subchapter W set out the requirements for vessels that are not
subject to SOLAS and provide for exceptions and alternatives to the
SOLAS requirements. The Coast Guard has deleted provisions proposed in
the NPRM that were in excess of SOLAS unless there is good cause for
their retention. Most of the deleted provisions were Coast Guard
interpretations of SOLAS requirements that do not need to be included
in these regulations, or were additional requirements with marginal
safety benefits. The Coast Guard has also decided to consolidate all of
the regulations related to SOLAS, Chapter III in subchapter W. The NPRM
had proposed locating only the lifesaving equipment and arrangement
regulations in subchapter W. The regulations pertaining to onboard
inspection of lifesaving equipment proposed in the NPRM were to be
included in the inspections part in each of subchapters D, H, I, and U.
Similarly, requirements for drills and for marking of lifesaving
equipment were also proposed to be placed in the operations part of
each of these subchapters. The organization of this interim rule
eliminates needless duplication of these regulations in different parts
of the CFR.
The Coast Guard intends that SOLAS and other international
instruments be the basis for safety requirements on U.S. vessels. To
this end, Sec. 199.03(b) states that any vessel carrying a valid
Passenger Ship Safety Certificate supplemented by a Record of
Equipment, or a valid Cargo Ship Safety Equipment Certificate
supplemented by a Record of Equipment, is considered to have met the
requirements of subchapter W if the vessel also complies with several
specific additional requirements listed. This will make compliance with
Coast Guard regulations easier for designers and operators who use
SOLAS as a basis for designing and equipping a vessel. A similar
provision is included in Sec. 108.503 for MODUs built to the IMO MODU
Code. None of the items on the list are major cost items.
Several comments indicated a need for flexibility in the rules,
with one comment suggesting that the Officer in Charge, Marine
Inspection (OCMI), should be able to exercise discretion in determining
lifesaving equipment requirements. The Coast Guard agrees with the
comment, and has included rules that provide for certain exceptions and
equivalents to be authorized by the Commandant (G-MSE), for exemptions
to be granted by the Coast Guard District Commander, and for
alternatives that may be accepted by the OCMI. See Secs. 199.09,
199.20(d), and 199.40(e).
Several comments suggested that ``SOLAS approved'' equipment should
be accepted by the Coast Guard. There is no internationally recognized
``SOLAS approved'' equipment in the sense implied by the comment. Under
SOLAS, each national maritime safety authority approves or accepts
equipment meeting SOLAS requirements for its own vessels. The degree of
enforcement of the SOLAS requirements varies widely. The Coast Guard
approves equipment that meets the SOLAS requirements and must be used
on U.S. registered vessels. However, Coast Guard-approved equipment may
not always be readily available, for example, in foreign ports. Under
the provisions of Sec. 199.40(e), the OCMI has sufficient authority to
accept foreign-approved equipment on a case-by-case basis, when
warranted.
A number of comments addressed specific test and inspection
procedures proposed in the NPRM. Some comments proposed deletion of
certain details while others proposed more testing and
[[Page 25275]]
inspection. In response to the comments, the testing and inspection
requirements in this rule are significantly simplified compared to
those proposed in the NPRM. This rule establishes test objectives and
performance standards rather than detailed complex requirements for the
conduct of the tests. This simplifies the sections on these inspections
and tests, and makes them consistent with the level of detail presented
in the regulations on other initial and subsequent inspections for
vessel certification. This will allow flexibility in the test
procedures. These tests and inspection requirements appear in
Sec. 199.45.
Specific Provisions
One comment suggested that the ring lifebuoys arranged for quick
release from the navigation bridge be required to fall clear of the
vessel under all circumstances. The Coast Guard agrees with the comment
and now requires that the ring lifebuoy fall directly into the water
without striking the vessel. See Secs. 199.70(a)(v) and 108.590(a)(iv).
Section 199.620(d)(2) has been added to allow a new type of
lifejacket that has been approved since publication of the NPRM on
domestic services. These extended-size lifejackets are approved for
adults as well as some larger children. If an operator uses these
lifejackets, the number of child-size lifejackets carried to meet the
requirements in Sec. 199.70(b)(1)(i) may be reduced. To take the
reduction in child-size lifejackets, extended-size lifejackets that
have the same lower size limit must be substituted for all of the
required adult lifejackets. The number of child-size lifejackets
required depends on the lower size limit of the extended-size
lifejackets and is calculated using one of the formulas given in
Sec. 199.620(d)(2). The vessel operator still has the responsibility
under Sec. 199.70(b)(1)(i) to make sure that the vessel has a
lifejacket of suitable size for each person on board.
One comment suggested the deletion of proposed Sec. 199.72(c),
which contained special requirements for additional lifejackets on
Great Lakes vessels that have forward berthing or working spaces widely
separated from messing or recreational spaces aft. The comment
indicated that, with some minor revisions, the provisions for
additional lifejackets in proposed Sec. 199.72(a)(1)(ii) would be
sufficient to require the necessary lifejackets in these spaces. The
Coast Guard agrees and has revised Sec. 199.70(b)(2)(iii) to address
the stowage of these additional lifejackets.
The NTSB urged the Coast Guard to require lifejackets for all
passengers to be located at muster stations on passenger ships in
addition to those lifejackets required to be stowed in passenger
cabins. The NTSB had previously recommended that lifejackets and
immersion suits be stowed outside of passenger and crew berthing rooms
and closer to, or at, emergency stations. The Coast Guard does not
agree that lifejackets should always be stowed at muster stations.
However, Secs. 199.70(b)(2)(v) and 199.212(b) are based on current
SOLAS requirements and, taken together, will ensure that sufficient
lifejackets for passengers are available at, or near, the muster
stations on passenger ships.
Proposed Secs. 199.78(a) (3) and (4) on stowage details for
lifejackets have been removed from this rule. Also removed are the
details on whistles and how to secure them to lifejackets, which were
in proposed Sec. 199.76 of the NPRM. Detailed requirements on the
assignment of immersion suits to passenger vessel crewmembers in
proposed Secs. 199.214 (a) and (b) have also been removed. There are no
similar requirements in SOLAS, and in accordance with the policy
previously discussed, the Coast Guard has decided not to impose these
additional requirements because of their marginal safety benefits.
The Coast Guard has deleted a proposed requirement for at least one
certificated person to be assigned to a lifeboat for every 20
passengers. The proposed requirement in the NPRM was consistent with
regulations effective at the time, but is in excess of the current
SOLAS requirement. The Coast Guard has decided not to impose this
additional requirement on U.S. vessels. See Sec. 199.100(c).
Several comments opposed the proposed requirement in
Sec. 199.110(d) of the NPRM for all survival craft embarkation stations
to be located where it is not necessary to climb up more than three
steps or stairs. One comment stated that the requirement was not clear
because of the various deck levels, stairways, and ladders that are
involved in the design of a ship. The Coast Guard has deleted this
section in this rule. There is no similar requirement in SOLAS and, in
accordance with the policy previously discussed, the Coast Guard has
decided not to impose this additional requirement because of its
marginal safety value.
One comment stated that the proposed requirement for rotation-
resistant wire rope in Sec. 199.153(b) of the NPRM (Sec. 199.153 (a) in
this rule) should only apply to installations in which single point
boat connections are used. The Coast Guard disagrees. Wire ropes that
twist easily can lead to tangles at the winch or to tangles in
multiple-part falls after a boat has been launched. Rotation-resistant
wire rope is a SOLAS requirement for all launching appliances using
falls and it is an appropriate requirement for launching appliances
even on vessels not subject to SOLAS.
In response to the request to allow for flexibility in compliance
expressed by some comments, the descriptions of some of the items of
equipment in Sec. 199.175(b) have been simplified by eliminating
unnecessary detail. Coast Guard Navigation and Vessel Inspection
Circular (NVIC) 2-92 contains detailed recommendations for survival
craft equipment and describes options and inspection criteria that can
not be easily or appropriately covered in the regulations.
One comment suggested that the Coast Guard should amend the
requirement that at least one drill be held at night every 3 months by
removing the master's discretion to determine that a night drill would
be unsafe. The comment further stated that it should be possible to
safely hold at least one drill at night in a 3-month period. Another
comment suggested removing the restriction on conducting abandon-ship
drills and fire drills immediately after each other. The Coast Guard
has decided to delete both requirements from Sec. 199.180 because they
are not in SOLAS, Chapter III. Scheduling of required drills is left to
the master's discretion.
One comment noted the difficulty and expense in obtaining
replacement rockets for rocket-propelled line-throwing appliances.
Modern line-throwing appliances of this type are self-contained units,
which include the rocket, service line, and the firing mechanism. This
arrangement makes them much easier to use. If the rocket is fired
during a drill, the complete unit must be replaced or else it must be
partially disassembled so that the rocket may be replaced. In the
latter case, if the unit is not reassembled properly, it could misfire
in an actual emergency. For these reasons, the Coast Guard has changed
the line-throwing appliance drill regulations in Secs. 199.180(e) and
109.213(e) to allow actual firing of a line-throwing appliance to be at
the discretion of the master. The rockets have a 4-year expiration date
and the Coast Guard anticipates that actual firings will be conducted
using rockets near their expiration dates.
[[Page 25276]]
Several comments suggested that existing cargo and tank vessels in
ocean, coastwise, and Great Lakes services should not have to comply
with the proposed requirement to retrofit totally enclosed lifeboats
and gravity davits, noting that SOLAS does not have such a requirement.
Five comments stated that enclosed lifeboats and gravity davits were
unjustified and costly to U.S. operators on the Great Lakes, causing a
competitive disadvantage with Canadian and tug/barge operators who do
not have to meet retrofit regulations. One comment suggested that
davit-launched inflatable liferafts should be used for the retrofit
aboard Great Lakes vessels instead of lifeboats. In 1994, the United
States proposed to an IMO subcommittee that totally enclosed lifeboats
and gravity davits be required on SOLAS ships by January 1, 2006. While
there was support for the proposal, the requirement was not adopted.
Therefore, the Coast Guard has removed the requirement for retrofitting
of totally enclosed lifeboats and gravity davits as proposed in the
NPRM.
Some comments objected to the proposed Coast Guard regulations
requiring ring lifebuoys that exceeded the number required under SOLAS
on certain larger cargo vessels. The Coast Guard agrees and has reduced
the number of ring lifebuoys required for passenger ships in ocean and
short international voyage service in Sec. 199.271 to the numbers
required by SOLAS.
Several comments were concerned about the proposed requirement in
Sec. 199.157(a) that lifeboats be capable of being launched with the
vessel making headway of at least 5 knots. Some believed that this
would be a dangerous drill requirement. This is not a drill requirement
but rather, is a performance-based design requirement. Others were
concerned that this was a new requirement with which it would be
difficult to comply. In fact, it is possible to meet this requirement
with on-load release devices and painter arrangements that have been
used on U.S. vessels for over 40 years. It is a feature needed not only
on ships, but on MODUs as well. Although MODUs are usually at a fixed
location, they may need to launch survival craft in a current. This
requirement is included in the MODU regulations at Sec. 108.555(a). For
vessels regulated under subchapter W, Sec. 199.280(c) follows SOLAS by
limiting the requirement to cargo vessels over 20,000 tons gross
tonnage.
The NPRM proposed a prohibition on aluminum lifeboats and davits on
tank vessels and MODUs. The proposal was based on experiences in which
aluminum boats were destroyed in transitory deck fires and were
subsequently not available when the ship had to be abandoned. One
comment suggested that an aluminum lifeboat should be permitted if it
is protected at its stowage location by a water spray, noting that this
was being permitted by marine safety administrations in other
countries. The Coast Guard agrees with the comment and this rule,
therefore, permits aluminum lifeboats and davits on tank vessels and
MODUs when a water spray system is provided. See Secs. 199.290(b) and
108.515(d).
A number of comments were received regarding the radio lifesaving
equipment requirements proposed in the NPRM. Since the NPRM was
published, the Federal Communications Commission (FCC) published a
final rule implementing the Global Maritime Distress and Safety System
(GMDSS) on U.S. vessels (57 FR 9063, March 16, 1992). The GMDSS is an
automated, worldwide, ship-to-shore, distress alerting system that
relies on satellite and advanced terrestrial communications systems.
The FCC rules cover most vessels that the Coast Guard inspects for
ocean and coastwise service. Among other requirements, the FCC rules
include two-way VHF radiotelephone apparatus, satellite emergency
position indicating radiobeacons (EPIRB), and survival craft radar
transponders (SART). The FCC rules do not, however, require radio
lifesaving equipment for all vessels that were covered by the
requirements proposed in the NPRM. Therefore, this rule includes EPIRB
requirements in Sec. 199.510 for vessels operating on the Great Lakes
as well as for cargo vessels and OSVs less than 300 tons gross tonnage
in ocean and coastwise service. Under Sec. 199.610(m), these vessels
have until February 1, 1999, to comply with the satellite EPIRB
requirement. This is the date established by SOLAS for full worldwide
implementation of GMDSS.
One comment stated that corrosion of wire rope falls was not as
significant a problem on vessels operating on the Great Lakes as on
vessels operating in salt water services and therefore, the requirement
to change the falls at intervals of not more than 5 years was
excessive. The Coast Guard agrees and has excluded vessels operating in
fresh water services from compliance with the requirement. See
Sec. 199.610(a)(4).
The NPRM proposed that survival craft not be required for vessels
in Great Lakes service, and in lakes, bays, and sounds service that
operate within 3 miles of shore where the water is less than 1 meter
(3.3 feet) deep. This shallow water exemption has been revised to be
consistent with that in subchapters T and K for small passenger
vessels. Survival craft will not be required on vessels in Great Lakes
service; lakes, bays, and sounds service; or river service if the
vessel operates within 3 miles of shore in areas where the vessel
cannot sink deep enough to submerge the topmost deck or where the OCMI
determines that survivors can wade ashore. See table 199.630(a) in
conjunction with Sec. 199.630(h) and table 199.640(a) in conjunction
with Sec. 199.640(f).
One comment suggested that lifeboats for dry cargo vessels be
required to be equipped with self-contained air support systems due to
the large amounts of flammable liquids and poisons carried as packaged
cargo and ship's stores. Although the Coast Guard agrees that toxic
atmospheres and fire on the water are a possible problem in some
casualties involving dry cargo ships, this does not justify the
suggested requirement, which would exceed the SOLAS requirements.
Passenger Vessels Not on International Voyages
The NPRM proposed that passenger vessels on unlimited ocean routes
be required to have the same lifesaving systems as required by SOLAS
for ships on international voyages and that vessels in coastwise
service (i.e., within 20 miles of the coastline) be required to have
the same lifesaving systems as required by SOLAS for ships on short
international voyages. In response to concerns raised by operators of
vessels that operate on domestic voyages beyond 20 miles but within 50
miles, this interim rule allows vessels in domestic services that
operate out to 50 miles offshore to comply with the SOLAS short
international voyage requirements. This is also consistent with an
operational category for small passenger vessels in the interim rule
for subchapters K and T. See table 199.620(a) in conjunction with
Sec. 199.630(c).
One ferry operator, objecting to the proposal for ferries to carry
inflatable buoyant apparatus (IBA) sufficient to accommodate 110
percent of the number of persons on board, stated that ferries should
be given consideration for equivalence of safety requirements based on
their design and area of operation (protected waters in proximity to
land and quick assistance). Another comment pointed out that current
safety measures, such as vessel traffic services, bridge-to-bridge
communications, close proximity of other vessels, radar systems, and
stringent personnel
[[Page 25277]]
qualifications, make ferry operations safer than in the past. However,
another comment supporting the survival craft proposals pointed out
that the present regulations were originally written over 40 years ago
and were relevant to an era when ferries were smaller, slower, carried
fewer hazardous materials, and operated in less congested waters.
Another comment writer did not believe the NPRM adequately justified
the need for the proposed requirements for ferries operating in lakes,
bays, and sounds service. Several comments pointed out that no ferry
casualties were identified in support of the proposed rules and that
the probability of a ferry casualty that would require abandonment was
very low, considering all of the safety measures presently in effect.
Cost to acquire and service inflatable buoyant apparatus, to train
crewmembers, and to possibly provide otherwise unnecessary crewmembers
in order to launch the inflatable buoyant apparatus and help passengers
embark was a major issue for ferry operators. An organization of ferry
passengers did not want to pay for inflatable buoyant apparatus either
through higher fares or increased taxes. Other comments, acknowledging
that ferry casualties were rare, were concerned about the high number
of deaths and injuries that would occur in the event of a severe ferry
accident.
The 1984 Coast Guard Authorization Act directed improvement in the
lifesaving equipment on passenger ferries. This Congressional direction
followed publication of a report on ``Improving Maritime Traffic Safety
on Puget Sound Waterways,'' prepared by the University of Washington.
This report cited the lack of liferafts on Puget Sound, Alaska, ferries
as a potential problem considering the numerous close encounters that
ferries are involved in and the potential catastrophic results that
would accompany a casualty because these ferries may carry as many as
2,500 passengers. However, the safety record for these ferries in terms
of lives lost is very good, with no recorded fatalities from accidents
over the last 35 years. One of the contributors to the University of
Washington report stated,
[e]xperience relating to very low probability, very high consequence
accidents, like the possible sinking of a ferry with a large number
of passengers aboard, indicates they are impossible to predict.
Statistical models are not meaningful. Thus the admirable safety
record of the Washington State Ferry System, in my opinion, can not
be used as an argument to say that either no major accident will
happen in the future, since none have occurred to date, or that one
is likely to happen by the law of averages * * * While concentration
on incident avoidance is prudent, some consideration of consequence
mitigation is also warranted.
The comment indicated that while ``liferafts'' (sic) were an
example of such consequence mitigation, he had not necessarily
concluded that liferafts were the proper choice of consequence
mitigation.
The Coast Guard's position is that all of the comments have merit.
Even though serious casualties involving ferries and other passenger
vessels in domestic services have been rare, because of the potential
hazard to large numbers of people, the possibility of such casualties
needs to be appropriately addressed. Therefore, in table 199.630(a) and
Sec. 199.630(d), ferries and passenger vessels are required to carry a
sufficient number of IBAs having an aggregate capacity that is
sufficient to accommodate the total number of persons on board. Under
certain lower-risk circumstances described in Sec. 199.630(g),
operators can reduce the number of IBAs to provide an aggregate
capacity sufficient to accommodate 67 percent of the persons on board.
(IBAs are tested to a 50 percent overload condition to make sure they
can accommodate extra people in clam water.) Recognizing that
abandoning the vessel into IBAs introduces its own hazards and that
vessels operating in certain areas may be able to obtain assistance in
other ways, table 199.630(a) and Sec. 199.630(f) provide an alternative
for ferries and other passenger vessels without overnight
accommodations that operate in the Great Lakes service; in lakes, bays,
and sounds service; or in river service. The alternative provides that
vessels may have a safety assessment approved by the OCMI that
includes, among other things, consideration of the waterway and other
traffic in the operating area and development of a comprehensive
shipboard safety management and contingency plan.
Comments from operators of passenger vessels other than ferries
also expressed concern over the expense of adding lifesaving equipment.
They also cited the excellent safety record of these vessels in recent
years. Nevertheless, these vessels carry large numbers of people,
especially gaming vessels. The gaming vessel industry did not exist
when the NPRM was published in 1989. Gaming vessels do not usually move
passengers from one port to another, nor do they ordinarily engage in
voyages such as sight-seeing for the enjoyment of passengers. Some
vessels although fully capable of navigation, do not normally leave the
dock, and other vessels operate over short distances in protected
``moats.'' For these reasons, the Coast Guard specifically invites
comments on lifesaving requirements that should be applicable to these
vessels. As is the case for ferries, even one abandon-ship incident in
which large numbers of passengers could not be accommodated in survival
craft would be unacceptable. The Coast Guard considers the hazard to
persons aboard gaming vessels to be similar to those presented by
passenger ferries. They carry passengers in a high density
configuration, do not have overnight accommodations, and typically
operate on a fixed route and schedule in a limited geographic area.
Therefore, the Coast Guard has applied the requirements for emergencies
to these vessels that are similar to ferries operating on the same
waters.
Cargo and Tank Vessels Operating on the Great Lakes
The NPRM proposed that cargo and tank vessels in Great Lakes
service be required to carry totally enclosed lifeboats launched by
gravity davits with an aggregate capacity sufficient to accommodate 100
percent of the persons on board and liferafts served by launching
appliances also meeting the aggregate capacity requirement. The NPRM
proposals contrast with ocean and coastwise vessels requirements to
carry lifeboats and float-free liferafts with an aggregate capacity
sufficient to accommodate 100 percent of persons on board. The Great
Lakes proposal represented an upgrade over the existing regulations.
One comment suggested that Great Lakes vessels be required to carry
the same survival craft as vessels in ocean service. Other comments
suggested that totally enclosed lifeboats and gravity davits would not
enhance crew survivability aboard Great Lakes vessels and that the
current lifesaving systems were adequate. Some comments suggested the
use of davit-launched inflatable liferafts (presumably 100 percent each
side) aboard Great Lakes vessels in lieu of lifeboats. Some comments on
the NPRM noted that Great Lakes vessels are also required to carry
immersion suits so in the event survivors have to enter cold water to
get to a survival craft, they still have a good chance of being
rescued. The comments noted that the Great Lakes casualty reports
discussed in the NPRM indicated that rapid launching and hypothermia
protection were the main needs in Great Lakes lifesaving systems rather
than additional lifeboats.
The Coast Guard agrees with the comments stating that rapid
launching and hypothermia protection are the primary needs for Great
Lakes vessels.
[[Page 25278]]
The Coast Guard does not agree, however, that lifesaving systems need
to be the same on the Great Lakes as for ocean and coastwise voyages.
Therefore, the rules are retained as proposed in the NPRM. Although
conditions on the Great Lakes can be just as severe as conditions in
ocean waters, the fact that the Great Lakes are bounded on all sides by
a shoreline means that a search operation for a major vessel casualty
on the Great Lakes would probably be completed much faster than on
ocean waters. This is especially true because the Coast Guard is also
requiring these vessels to carry 406 MHz satellite EPIRBs.
Offshore Industry--MODUs and OSVs
Various comments from the offshore industry, including members of
the National Offshore Safety Advisory Committee (NOSAC), opposed the
inclusion of MODUs and OSVs under subchapter W. The comment writers
requested that the Coast Guard keep the regulations for these vessels
as self-contained as possible. As discussed in the ``Overview of the
Interim Rule'' section of this preamble, the Coast Guard has put the
revised lifesaving regulations for OSVs into subchapter L and has
retained the lifesaving requirements for MODUs in subchapter I-A, where
they have been located since the original publication of subchapter I-
A. One exception is that, under Sec. 108.500(b), requirements for
surface-type units (drillships) will be the same as those for tank
vessels under subchapter W. Unlike other MODUs, drillships have ship-
shaped hulls and have problems similar to tank ships in the case of a
casualty requiring abandonment of the vessel. This is consistent with
the treatment of surface-type units under the MODU Code.
MODUs
Consistent with the Coast Guard's policy of aligning national
standards with international standards, the regulations for MODU
lifesaving systems are based on the IMO MODU Code for the construction
of new MODUs. Three comments from the offshore industry opposed
adoption of MODU Code standards as part of the U.S. regulations. This
opposition was focused on the requirement for additional lifeboats.
Following the MODU Code means a requirement for 200 percent capacity in
lifeboats on most MODUs, contrasted with the present subchapter I-A
requirement for 100 percent lifeboats and 100 percent davit-launched
liferafts. One comment stated that none of the investigations of recent
MODU accidents recommended increasing the number of lifeboats and that
requiring lifeboats in lieu of liferafts was not justified because of
such considerations as cost, weight, and size. Other comments indicated
that davit-launched liferafts could not be effectively used on MODUs.
Davit-launched liferafts were originally developed for launching down
the straight sides of conventional ships. They are very light in weight
compared to lifeboats and are therefore subject to wind and wave action
in the relatively unprotected position beneath a MODU in distress.
Because liferafts are not powered, they are subject to being driven
into and damaged by the legs and columns of the MODU once they are
released from the falls, unless they can immediately establish a tow
from a lifeboat or rescue boat.
The Coast Guard agrees with the comments citing the shortcomings of
davit-launched liferafts on MODUs and concludes that davit-launched
liferafts should only be used on the small self-elevating units where
there are no other options, as proposed in the NPRM. The Coast Guard
does not agree with comments that indicate additional lifeboats on
larger units are unnecessary. Even though there may have been no
specific recommendations in the casualty reports to indicate the need
for additional lifeboats, the abandonment of the OCEAN RANGER showed
how lifeboats may be rendered unusable in a casualty and result in
insufficient lifeboats for those on board. Another casualty to the
Norwegian semi-submersible accommodation platform ALEXANDER L. KIELLAND
also resulted in lost lifeboats. The Coast Guard has retained
regulations based on the MODU Code with certain exceptions. See part
108, subpart E of these rules.
Several comments stated that the station bill requirements proposed
in Sec. 199.645 of the NPRM should not apply to MODUs because this
information was required to be included in the operating manual
currently required under 46 CFR 109.121. The Coast Guard does not
agree. Section 109.121(c)(22) requires the operating manual to cover
procedures for evacuating personnel from the unit, but this does not
replace the station bill. The station bill has been renamed muster list
in accordance with the internationally accepted term. The muster list
requirements are located in Sec. 108.901 of these rules and replace the
station bill requirements currently in Secs. 109.501 and 109.505.
One comment suggested revision of proposed Sec. 199.650(d) to
require that all survival craft be able to be launched only with the
unit in a normal working position or a normal floating intact transit
condition. The purpose of the revision was to prevent problems for
certain mat-supported self-elevating units on which the mat footprint
extends beyond the sides of the hull. In certain transit conditions
with the mat fully retracted, some of the survival craft might be
launched onto the mat. The Coast Guard agrees in principle with the
comment. The problem is addressed in Sec. 108.550(c)(2), which
authorizes the OCMI to allow a reduction in the total number of
survival craft when the unit is in the transit mode and the number of
personnel on board is reduced. In such cases, sufficient survival craft
must be available for use by the total number of personnel remaining on
board. This should resolve the problem because although personnel on
board are normally reduced in transit, they must still be provided with
a way to evacuate.
One comment suggested that proposed Sec. 199.650(e)(3), which
stated ``the location and orientation of each lifeboat [on a MODU] must
take into consideration the in-water operating capabilities of the
lifeboat,'' was vague and should be deleted. The Coast Guard agrees
that the proposed wording was vague. In this rule, Sec. 108.550(f)(3)
states ``the location and orientation of each lifeboat must be such
that the lifeboat is either headed away from the unit upon launching,
or can be turned to a heading away from the unit immediately upon
launching.''
Two comments stated that the written and audiovisual training
material requirements in Sec. 109.213(a) were intended for conventional
SOLAS ships and not MODUs. The Coast Guard disagrees. This material is
prepared by all lifesaving equipment manufacturers and is available for
equipment used on MODUs as well as for equipment on conventional
vessels.
Several comments were concerned about the requirement now in
Sec. 109.213(g) to provide abandonment training on MODUs within two
weeks after crew or industrial personnel join the unit. The comments
stated that the word ``orientation'' should be substituted for
``training,'' and that this orientation should take place within 2
days. The Coast Guard believes that the immediate orientation given to
persons as they first arrive at a MODU should continue. This
orientation may include some of the elements the on board training
required, but it does not necessarily replace the training requirement.
The use of the term ``join the unit'' is intended to provide some
flexibility with regard to the extent of training given to itinerant
contractor personnel.
[[Page 25279]]
Several comments questioned the need to periodically replace falls
on MODUs, as required in Sec. 109.301(j), if the falls were thoroughly
inspected and found satisfactory. The Coast Guard does not agree that
it is possible to adequately inspect falls visually so the requirement
has been retained. The NPRM noted that casualties had occurred as a
result of lifeboat falls that parted due to deterioration. The Coast
Guard is aware of newly developed nondestructive inspection equipment
for wire rope falls, but has not been able to determine its suitability
or practicality. It is possible that, in the future, use of such
equipment could allow thorough fall inspections and continued use of
falls in good condition, but use of such inspection equipment will not
be authorized at the current time.
OSVs
The NTSB's comments opposed the continued use of lifefloats as
survival craft on OSVs operating in the Gulf of Mexico because these
devices do not protect against hypothermia. The Coast Guard agrees that
hypothermia can be a problem in the Gulf of Mexico and that lifefloats
and buoyant apparatus do not keep survivors out of the water. However,
the casualty record of these vessels does not indicate that a change is
needed. The Coast Guard believes that lifefloats should continue to be
acceptable because, as a result of the addition of satellite EPIRBs on
these vessels and the volume of marine traffic associated with the
offshore oil industry in the Gulf of Mexico, rescue should come
rapidly. This provision is in Sec. 133.105(c).
The NTSB also opposed the exemption of liftboats from the
requirement for having launching appliances for liferafts. The comment
noted that, if the vessel were elevated and it became necessary to
abandon ship, launching appliances might be crucial. The Coast Guard
does not agree with the comment and has not changed this provision of
the rule. A liftboat is a specialized type of OSV with movable legs
capable of raising its hull above the surface of the sea. The operating
characteristics of liftboats make the use of liferaft launching
appliances highly unlikely. Liftboats exist for the sole purpose of
servicing offshore structures, such as production platforms. Liftboats
come alongside these structures and the liftboat's legs are jacked down
so that the liftboat's deck elevates out of the water to the level of
the structure's deck. If there is an emergency aboard the liftboat,
crew can simply walk over onto the structure. If there is an emergency
on the structure, the liftboat would jack down and move away. If there
is a leg failure on a liftboat, it will collapse into the water where
it has a very low freeboard, making launching appliances unnecessary.
See Sec. 133.150(c)(5).
New 1996 SOLAS Amendments
The International Maritime Organization has developed a new set of
amendments to SOLAS, Chapter III, which were recently adopted and are
contained in the 1996 SOLAS Amendments. These amendments will come into
force July 1, 1998. The 1996 SOLAS Amendments remove the performance
and construction requirements for lifesaving appliances from Chapter
III of SOLAS and put them into a new mandatory Lifesaving Appliances
Code (LSA Code). The requirements for the number and arrangement of
lifesaving appliances on ships remain in SOLAS, Chapter III along with
regulations concerning their operation and maintenance. These
amendments also contain some new and some revised regulations, which
are included in this interim rule to the extent that they were
anticipated and proposed in the NPRM. New regulations that were not
proposed in the NPRM, but which provide alternatives or lessened
requirements, are also included. The following paragraphs summarize the
more significant revisions to SOLAS, Chapter III in the 1996 SOLAS
Amendments and explain the way they are addressed in this interim rule.
The Coast Guard is adopting certain of these SOLAS revisions in
subchapter W so that it will be in line with the SOLAS requirements
when they come into force. Comments are invited on these new
provisions.
The 1996 SOLAS Amendments revise the installation requirements for
free-fall lifeboats on cargo ships. Free-fall lifeboats were included
as an option in the 1983 SOLAS Amendments and in the NPRM. To the
extent that the revisions do not impose more stringent requirements
than those in the NPRM, they are included in this interim rule.
Specifically, special requirements for free-fall lifeboat launching
arrangements are in Secs. 199.110(e), 199.120(b), 199.150(c), and
199.157.
Anti-exposure suits are allowed in the 1996 SOLAS Amendments as an
option to immersion suits for the crews of rescue boats and marine
evacuation systems. Immersion suits are intended as survival equipment
in cold water and, as such, they can be bulky and restrictive. Anti-
exposure suits can be designed to be practical working suits and can
still provide reasonable hypothermia protection. This interim rule,
like SOLAS, allows this option in Sec. 199.70(c). Several comments on
the NPRM objected to the immersion suit requirement for rescue boat
crews on vessels and MODUs operating between 32 degrees north and 32
degrees south latitude because immersion suits are not required in
these latitudes for the rest of the persons on board. The Coast Guard
agrees, and SOLAS 1996 also allows exemption from the requirement in
warm climates. Therefore, the exemption is contained in this interim
rule under Secs. 199.70(c)(1), 108.580(c)(1), and 133.70(c)(1).
The 1996 SOLAS Amendments require clear deck space to accommodate
all persons assigned to muster stations, but at least 0.35 square
meters (3.75 square feet) per person. Neither the 1983 SOLAS Amendments
nor the NPRM under this docket included this minimum area requirement.
Therefore, this requirement is not included in this interim rule.
Nevertheless, any ship built after July 1, 1998, engaged in
international voyages will have to comply.
The 1983 SOLAS Amendments required that as far as practicable,
survival craft be stowed in a secure and sheltered position and
protected from damage by fire and explosion. The NPRM proposed that, on
tankers, survival craft stowage locations be protected from the cargo
tank area by the deckhouse or A-class divisions. The 1996 SOLAS
Amendments only require that survival craft on tankers not be stowed on
or above a cargo tank, slop tank, or other tank containing explosive or
hazardous cargoes. This interim rule includes this less strict
requirement in Sec. 199.290(c).
The 1983 SOLAS Amendments allowed the use of marine evacuation
systems in place of davit-launching systems for liferafts. Marine
evacuations systems consist of a slide or chute to provide passage to a
water-level platform, from which liferafts are boarded. The 1983 SOLAS
Amendments did not contain any requirements for installation, training,
drills, or servicing of these appliances. The 1996 SOLAS Amendments do
include installation, training, drill, and servicing requirements, and
they are included in this interim rule. Since marine evacuation systems
are optional, these requirements would only affect operators who choose
this option. See Secs. 199.145, 199.150(b), and 199.201(b). Marine
evacuation systems have also been added as alternatives to liferaft
launching devices discussed in subchapters I-A and L. See
Secs. 108.525, 108.545, 133.145, and 133.150(c).
[[Page 25280]]
The 1996 SOLAS Amendments require that recovery of a rescue boat be
possible in not more than 5 minutes in moderate sea conditions when the
rescue boat is loaded with its full complement of persons and
equipment. This requirement was not contemplated in the NPRM and is
therefore not included in this rule.
The 1996 SOLAS Amendments require that rescue boat embarkation and
recovery arrangements allow for safe and efficient handling of a
stretcher case. This requirement has been included in this interim
rule, because the Coast Guard believes that rescue boat embarkation and
recovery arrangements generally meet this requirement, and that this
requirement can generally be met at the design stage at no additional
expense. The requirement is in Sec. 199.160(c)(1).
The 1996 SOLAS Amendments revised the requirements for passenger
safety instructions. The Coast Guard believes that these requirements
present no additional burden on the operator and they have therefore
been included in Sec. 199.180(b).
The 1983 SOLAS Amendments required falls to be turned end-for-end
every 2\1/2\ years and replaced every 5 years. The 1996 Amendments
allow an alternative for fall designs that can not be turned end-for-
end. These falls can be examined periodically and replaced at least
every 4 years. The alternative has been included in Sec. 199.190(j).
The 1983 SOLAS Amendments required all engines in lifeboats and
rescue boats to be operated each week for at least 3 minutes. The 1996
Amendments add that, during this period of time, it should be
demonstrated that the gear box and gear box train are engaging
satisfactorily. It also provides for alternatives for rescue boat
outboard engines that can not be run out of water for 3 minutes. These
provisions have been included in Sec. 199.190(d)(2).
Numerous accidents have occurred as a result of poor launching
appliance and lifeboat release gear condition, which is largely due to
inadequate maintenance or infrequent servicing. The 1996 SOLAS
Amendments contain specific requirements for periodic servicing of this
equipment. These servicing requirements have been included in
Sec. 199.190(i). In general, the servicing requirements do not exceed
the maintenance and inspection that a prudent operator now performs to
ensure that lifesaving equipment is in working order and ready for
immediate use. The SOLAS requirements adopted in this rulemaking are
consistent with current manufacturers' instructions on maintenance of
this equipment.
The 1996 SOLAS Amendments state that, for a davit-launched survival
craft on passenger ships, the height of the davit head with the
survival craft in embarkation position shall, as far as practicable,
not exceed 15 meters (50 feet) to the waterline when the ship is in its
lightest seagoing condition. This is not a requirement, but a strong
recommendation to designers to avoid excessively high stowage locations
for survival craft on passenger ships. This provision has been included
in Sec. 199.230(c) as a recommendation and not a new requirement.
Another SOLAS, Chapter III revision adopted in 1991 after the NPRM
was published affected fire training and drill requirements in
regulation 18, Chapter III of SOLAS. Those requirements were not
substantially different than those proposed in the NPRM and they are,
therefore, included in this rule at Sec. 199.180(f).
Incorporation by Reference
1. The following material is incorporated by reference in
Sec. 108.101:
American Bureau of Shipping (ABS)--Rules for Building and Classing
Offshore Mobile Drilling Units, ANSI A14.3, ANSI Z89.1, American
Petroleum Institute (API)--API Spec 2C with supplement 2, ASTM F-1121,
Federal Specification ZZ-H-451 F, IMO Resolution A.520(13), IMO
Resolution A.658(16), IMO Resolution A.760(18), NFPA 407, NFPA 496, and
Underwriters Laboratories (UL)--UL 19-78.
2. The following material is incorporated by reference in
Sec. 125.180:
IMO Resolution A.520(13), and IMO Resolution A.760(18).
3. The following material is incorporated by reference in
Sec. 199.05:
ASTM F1003, ASTM F1014, IMO Resolution A.520(13), IMO Resolution
A.604(15), IMO Resolution A.657(16), IMO Resolution A.760(18), IMO
Resolution A.212(VII), and IMO Resolution A.328(IX).
Copies of the material are available for inspection where indicated
under ADDRESSES. Copies of the material are available at the addresses
in Secs. 108.101, 125.180, and 199.05.
The Coast Guard has submitted this material to the Director of the
Federal Register for approval of the incorporation by reference.
Assessment
This interim rule is not a significant regulatory action under
section 3(f) of Executive Order 12866. However, due to its nature, it
has been reviewed by the Office of Management and Budget under that
order. It requires an assessment of potential costs and benefits under
section 6(a)(3) of that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979).
An interim assessment has been prepared and is available in the
docket for inspection or copying where indicated under ADDRESSES. The
Assessment is summarized as follows.
This interim rule applies to all existing and new U.S. inspected
passenger vessels 100 tons gross tonnage and over, cargo vessels,
tankships, manned cargo and tank barges, oceanographic research
vessels, nautical school vessels (with the exception of sailing school
ships), OSVs, and MODUs. Coast Guard records list 1,012 existing
vessels that do not have SOLAS, MODU, or Special Purpose Vessel Code
certificates (161 passenger vessels, 120 cargo vessels, 48 tankships,
12 manned barges, 4 oceanographic research vessels, 8 nautical school
vessels, 567 OSVs, and 92 MODUs) are currently operating under the U.S.
flag, and will be affected by this interim rule. Because the
regulations in this interim rule are based on SOLAS, the IMO MODU Code,
and the IMO Special Purpose Vessel Code, vessels with certificates
indicating compliance with these standards will not be substantially
affected by this interim rule. Therefore vessels with SOLAS, MODU, or
Special Purpose Vessel Code certificates are not included in the
regulatory analysis.
Discussion of Comments
Several comments to the NPRM suggested that the estimated cost to
comply with implementation requirements and the recurring cost to
vessel owners were understated. One comment estimated implementation
cost for the proposed requirements to be $3 million and that it would
affect seven specific passenger ferries. Another comment provided
calculations to support an implementation cost estimate of $562,500 per
passenger ferry.
The requirements in this interim rule are different from or less
than those proposed in the NPRM. This interim rule contains fewer refit
requirements for existing vessels and also provides alternatives for
passenger ferries which provide a lower cost alternative. For example,
if a passenger ferry operating on a lakes, bays, and sounds service
chooses to have an approved safety assessment rather than fit
additional survival craft, the cost of the assessment will be
substantially less than the costs for additional survival craft
estimated in
[[Page 25281]]
the NPRM. The cost estimates in this summary and in the assessment
reflect the requirements of this interim rule and have taken into
account the cost estimates provided by the passenger ferry industry.
Industry Costs
Industry cost for this interim rule is estimated based on the
implementation cost to existing vessels, the implementation cost to new
vessels, and the recurring cost to all vessels for replacement of
appliances as they become unserviceable.
Compliance cost of this interim rule will total about $19.2
million. The present value of the costs will total $16 million. This
reflects a 7 percent discount to 1996 of the projected future estimated
costs of this interim rule in accordance with current Office of
Management and Budget guidance. Passenger vessels account for an
estimated 50 percent of total costs; cargo vessels, tankships, and
manned barges together account for an estimated 13 percent of total
costs; and oceanographic research vessels, nautical school vessels,
OSVs, and MODUs account for the remainder. A discussion of costs for
each requirement follows.
The costs associated with the interim rule on lifesaving appliances
and arrangements were developed based on vessel type, vessel use, and
average vessel size. Cost analysis calculations were based upon the
following assumptions: (1) the interim rule will come into effect on
October 1, 1996, for all requirements except a requirement for retro-
reflective material on all lifesaving appliances (required as of
October 1, 1997), the carriage of immersion suits and thermal
protective aids on passenger vessels (required as of October 1, 2001),
and the number and type of survival craft required for certain vessels
(required as of October 1, 2001); (2) the estimate of annual new
vessels affected by this interim rule is directly proportional to the
number of vessels that will be annually retired from the U.S. fleet;
therefore, the vessel population will remain constant; (3) the average
capacity of a passenger vessel was estimated to be 500 persons; (4) the
average capacity on all other affected vessels was estimated to be 50
persons; (5) no costs for this rule were associated with existing
vessels presently carrying a SOLAS certificate; (6) both costs and
benefits developed for this rulemaking are discounted at 7 percent back
to 1996; (7) recurring cost items are annualized based on the average
life of each lifesaving appliance or equipment; and (8) all recurring
costs are calculated through the year 2001.
Survival Craft for MODUs. As required by Sec. 180.525, new MODUs,
except for small self-elevating units, must increase their lifeboat
capacity. Lifeboats having an aggregate capacity of twice the number of
persons on board would be typical. The lifeboats will cost about
$400,000 each. The requirements in Sec. 108.550(c), that new MODUs
provide greater clearance for lifeboats and liferafts from MODU
structures, could amount to $200,000 per lifeboat or liferaft
installation, for a total cost of $600,000 to comply with both
requirements.
MODUs--Float-Free Liferafts. The cost of replacing davit-launched
liferafts with float-free liferafts as required in Sec. 108.525(a)(2)
applies to newly constructed MODUs. This replacement will result in an
estimated cost savings of $60,000 per vessel.
Distress Signals. The cost to replace distress signals as required
in Secs. 108.595(b), 133.60(b), and 199.60(c) applies to all vessels on
oceans, coastwise, and Great Lakes services. Each vessel is required to
have a minimum of 12 rocket parachute flares. Vessels on Great Lakes
services are offered an alternative to use hand flares. The annual
recurring cost of this requirement to industry, based on a 3-year
replacement schedule, is estimated to be $123,280.
Lifejacket Lights. The cost of lifejacket lights meeting SOLAS
standards required in Secs. 108.580(b), 108.580(c), 199.70(b), and
199.70(c) applies to cargo vessels 500 tons gross tonnage and over, and
all other vessels on ocean and coastwise services except for OSVs.
Additionally, the cost will vary based on vessel type. Lifejacket light
costs were based on the added cost of a light ($5) for each jacket.
There is no implementation cost associated with this requirement for
new vessels and existing vessels. Lights are already required by
regulation and are only required to be upgraded if they become
unserviceable. The annual recurring cost, based on a 5-year replacement
schedule, is estimated to be $15,200.
Lifejackets with Increased Freeboard. The cost of new lifejackets
with the greater freeboard required by SOLAS standards, as cited in
Secs. 108.580(b) and 199.70(b) applies to MODUs and all vessels on
ocean and coastwise services, with exceptions to OSVs, and will vary
based on the vessel size. The additional cost is estimated to be $1,200
for each passenger vessel and $120 for each other vessel. The annual
recurring cost is estimated to be $29,400.
Lifebuoy Lifelines. The cost to replace lifebuoy lifelines as
required in Secs. 108.580(a)(2), 133.70(c)(4), and 199.70(a)(3) applies
to all vessels. The cost per vessel is estimated to be $20. The annual
recurring cost, based on a 5-year replacement schedule, is estimated to
be $4,048.
Emergency Instructions. The cost of emergency instructions required
in Secs. 108.901(c), 133.80, and 199.80 applies to all vessels and will
vary based on vessel size and amount of accommodations on board. The
new vessel and existing vessel implementation cost of generating the
emergency instructions is estimated to be $50 per vessel. The copy cost
required for posting is estimated to be minimal. Therefore, the total
cost to industry for this requirement is $50,600. No recurring costs
were associated with this requirement.
Operating Instructions. The cost of operating instructions required
in Secs. 108.655, 133.90, and 199.90 applies to all vessels and will
vary based on the vessel size. The new vessel and existing vessel
implementation cost of generating the instructions is estimated to be
$50 per vessel. The cost for copying materials required for posting is
estimated to be minimal. The total cost to industry for this
requirement is $50,600. No recurring costs were associated with this
requirement.
Manning and Supervision. There is no cost directly associated with
the requirements of Secs. 109.323 and 199.100. The interim rule does
not require the hiring of additional crew because current U.S. manning
requirements are sufficient to meet this condition. The training costs
associated with this requirement are reflected in the costs for drills
and onboard training.
Falls
FR Doc. 96-11777 Lifesaving Equipment
. The cost to renew falls as required in Secs. 109.301(j) and
199.190(j) applies to all vessels except for MODUs, and vessels in
services limited to fresh water. The cost will vary based on vessel
type and size. Each set of falls costs about $2,500. The annual
recurring cost to industry to replace falls, based on a 5-year
replacement, is estimated to be $1,050,000.
Inspection for Certification. The additional cost to inspect and
certify vessels as required in Sec. 199.45 applies to all new vessels
and will vary based on vessel size. The cost to inspect and certify
small vessels, which include OSVs and manned barges, is estimated to be
$2,000 each. Large vessels, which include all other vessels affected by
the interim rule, are estimated to cost $5,000 each. The annual cost to
industry is estimated to be $80,000.
Launching Appliances for High Freeboard Vessels. The high speed
launching appliances as required in Secs. 108.553 and 199.153 applies
to about
[[Page 25282]]
25 percent of all new MODUs and cargo/tank vessels. The cost per vessel
is estimated to be $5,000.
Line Thrower Firings. The cost of annual line thrower firings as
required in Sec. 190.170 has been eliminated. It applies to all vessels
carrying line-throwing appliances, which are self-propelled vessels on
ocean services with the exception of tankships, which are not required
to conduct firing under the present regulations. The annual cost
savings to industry is estimated to be $556,000.
Drills and Onboard Training. The cost to provide onboard training
as required in Secs. 109.213 and 199.180 applies to all vessels, with
exception of OSVs, and will vary based on vessel size. The cost
attributed to the time loss due to performing drills is negligible
because drills are presently required by regulation. The only
difference between present requirements and the requirement in this
rule is that some drills will now be training sessions. The annual
costs associated with the additional training sessions and related
expenses are estimated to be $2,000 each for large vessels and $500
each for small vessels. The total implementation and annual recurring
costs to existing and new vessels for this requirement are estimated to
be $872,000.
Maintenance of Equipment. The maintenance of equipment as required
by Secs. 109.301 and 199.190 applies to all vessels, with exception of
OSVs, and those operating on lakes, bays, and sounds services, and
rivers services. No new vessel implementation or recurring cost is
associated with this requirement. Existing vessel implementation costs
for the requirement to carry spare parts is estimated to be $100 per
vessel and is applicable to about 802 vessels. The total existing
vessel implementation cost to industry for this requirement is
estimated to be $24,500. No recurring costs were estimated for this
requirement.
Partially Enclosed Lifeboats. The cost of partially enclosed
lifeboats as required in Sec. 199.202 applies to newly constructed
oceangoing passenger vessels. The added cost per vessel is estimated to
be $50,000.
Totally Enclosed Lifeboats. The cost of totally enclosed lifeboats
as required in Sec. 199.261 applies to newly constructed cargo vessels.
The added cost per vessel is estimated to be $50,000.
Fire Protected Lifeboats. The cost of fire protected lifeboats as
required in Sec. 199.261 applies to newly constructed tank vessels. The
added cost per vessel is estimated to be $60,000.
Cargo Vessel Immersion Suits. The requirement to carry immersion
suits for all persons on board as required by Sec. 199.273 applies to
all cargo vessels. This requirement affects cargo vessels not limited
to operating between 32 degrees north latitude and 32 degrees south
latitude. No cost is associated with this requirement because existing
regulations mandate suits on all cargo vessels.
Emergency Position Indicating Radio Beacons (EPIRBs). The cost to
install EPIRBs as required by Secs. 133.60(a) and 199.510 applies to
all vessels. However, because the FCC presently has a requirement for
EPIRBs, the new and existing vessel implementation cost of this rule
will only affect cargo vessels and OSVs less than 300 tons gross
tonnage and all vessels operating on the Great Lakes. The cost of an
EPIRB is estimated to be $1,200 for each vessel. The estimated total
implementation cost to industry for this requirement for new and
existing vessels is $649,200. Because these vessels are provided an
alternative of using an existing EPIRB until 1999, if fitted before
October 1, 1996, the implementation costs associated with this
requirement are evenly distributed over the years 1997 through 1999.
Recurring cost for this requirement was estimated based on a 5-year
replacement schedule for the EPIRB batteries. These batteries were
estimated to cost $400 per EPIRB. The recurring cost for this
requirement to the industry is estimated to be $43,280.
Retro-Reflective Material on all Floating Appliances. The cost to
equip floating appliances with retroflective material as required by
Secs. 108.515(a)(2), 133.10(b)(2), and 199.10(i)(1)(i) applies to all
vessels. The new and existing implementation cost will vary based on
the number of lifeboats, rescue boats, and other lifesaving appliances
each vessel is required to carry. It is estimated that vessels will
have to fit about 40 items with retro-reflective material at a cost of
$5 per item. Therefore, the total implementation cost to industry to
meet this requirement is estimated to be $197,800. The recurring cost
of this requirement is estimated to be $25 per vessel. The total annual
recurring cost to industry is estimated to be $25,300.
Equipment for Lifeboats. The cost of periodically replacing certain
equipment required by Secs. 108.575(b), 133.175(b), and 199.175(b),
applies to all vessels, with the exception of OSVs, and those operating
on lakes, bays, and sounds services, and rivers services, and will vary
based on vessel type. It is estimated that passenger vessels will spend
about $500 annually per vessel on replacement equipment and other
vessels will each spend about $50 annually per vessel. The total annual
recurring cost to industry for this requirement is estimated to be
$16,300.
Rescue Boats. The cost of the replacing rescue boats as required by
Secs. 108.560, 133.135, and 199.202 applies to existing and new
passenger vessels on lakes, bays, and sounds service, and Great Lakes
service. The cost of a rescue boat is estimated to be $50,000. The
recurring annual cost to industry based on a 25-year replacement
schedule is estimated to $272,000.
Passenger Vessel Immersion Suits and Thermal Protective Aids. The
cost of immersion suits and thermal protective aids as required by
Sec. 199.214 applies to passenger vessels not limited to operating
between 32 degrees north and 32 degrees south latitude. Where
applicable, passenger vessels must carry at least three immersion suits
or anti-exposure suits for each lifeboat on the vessel. It is estimated
that 9 passenger vessels must provide 3 immersion suits for 8 lifeboats
at a cost of $1,200 per lifeboat. Thermal protective aids are also
required on these vessels for each person not provided with an
immersion suit. The thermal protective aids were estimated to cost $35
each. The estimated total new and existing implementation cost to
industry to meet this requirement is $141,750. No recurring costs are
associated with this requirement.
Survival Craft for Passenger Vessels. The type and number of
survival craft required by Sec. 199.201 affects all passenger vessels.
Alternatives to these requirements for passenger vessels in certain
services are provided in Sec. 199.630. Vessel operators may choose
alternatives for meeting survival craft requirements. It is estimated
that 50 percent of the passenger vessel population will choose the
option to develop a safety management and contingency plan. Operators
will spend an estimated $10,000 per operator to develop the safety
management and contingency plan and possibly demonstrate some aspect of
it. Some additional equipment or vessel modifications might be required
to implement the plan, for an estimated non-recurring cost of $10,000
per vessel. The remaining 50 percent of passenger vessels will increase
the number of inflatable buoyant apparatus (IBAs) to accommodate either
100 percent or 67 percent of the passenger population, where
applicable. The existing vessel implementation cost for passenger
vessels required to accommodate 100 percent of the passengers with IBAs
is estimated to be $70,000 assuming 10 50-
[[Page 25283]]
person IBAs are required on the average 500-passenger ferry. In
addition, these IBAs will have to be installed on the vessel, and in
some cases launching or boarding appliances may be required. This could
amount to an additional $40,000 per vessel, for a total cost of
$110,000 per vessel. Additionally, the IBAs must be serviced annually.
Assuming $400 per IBA in servicing fees, this will amount to a
recurring annual cost of about $4,000 per year per vessel.
Survival Craft for Cargo Vessels. As required by
Sec. 199.261(b)(2), ocean and coastwise cargo/tank ships and manned
barges must increase their float-free liferaft capacity by 50 percent.
This additional liferaft will cost about $4,000 per vessel installed.
The raft will have to be serviced annually at an estimated cost of $400
for each servicing.
Davit Launched Liferaft. The cost of davit-launched liferafts on
one side for 100 percent capacity as required in Sec. 199.640(d)
applies to newly constructed cargo vessels on Great Lakes services. The
cost per vessel is estimated to be $30,000.
Government Costs
The cost of this interim rule to the Federal government includes
costs to the Maritime Administration (MARAD). About 1 percent of
MARAD's active fleet is involved in commercial service; therefore,
requiring compliance with this interim rule. The MARAD commercial fleet
is comprised of six freight ships and four tank ships. The total
implementation costs to MARAD's existing vessels are an estimated
$39,812. MARAD's annual cost to upgrade equipment as it becomes
unserviceable is estimated to be $33,659.
State and local governments account for 8 percent of the affected
population, or about 75 ferries and other vessels regulated under
subchapter H. The total implementation cost to existing state vessels
is estimated to be about $1.9 million, assuming that 50 percent of the
ferries opt for a safety management and contingency plan that does not
involve additional lifesaving equipment. The recurring annual cost to
existing and new vessels is estimated to be $358,567.
Total Costs
The total costs of this interim rule are $8,463,250 in
implementation costs to existing vessels and $10,742,972 in recurring
annual costs to existing and new vessels. Costs of the interim rule are
forecast to 2001. Vessel owners must meet the interim rule's
requirements beginning October 1, 1996. Exceptions hold for the
following requirements: (1) the type of survival craft for certain
vessels as required in Secs. 199.10(i)(1)(ii), 199.261(b)(2), and
199.630; and (2) immersion suits and thermal protective aids for
certain passenger vessels as required in Secs. 199.10(i)(1)(iii) and
199.214. Both have a 5-year phase-in period, ending October 1, 2001.
Another exception to the October 1, 1996, date is the requirement for
retro-reflective material on all floating appliances, and certain
operational requirements listed in Secs. 108.515(a)(2), 133.10(b)(2),
and 199.10(i)(1)(i), which will be required on October 1, 1997. Costs
are estimated at $2,739,290 in 1997; $4,224,933 in 1998 and 1999; and
$4,008,533 in 2000 and 2001. The present value of the costs of this
interim rule discounted at 7 percent to 1996 is estimated to total
$11,259,277.
Cost-Benefit Evaluation
A benefit analysis that accounts for the overall improvement in
lifesaving appliances and arrangements realized by this interim rule
was completed by researching 475 Coast Guard rescue cases, relating
these cases to the risk associated with the potential for losing a life
at sea on the affected vessel fleet, and estimating how many of these
potential lost lives would be saved by the implementation of this
interim rule. Rescue case data was reviewed from the Coast Guard's
Search and Rescue Mission Information System (SARMIS) over the past 5
years. The criteria for selecting the case data included the likelihood
of the case type to result in a person entering the water. For example,
cases involving a collision or sinking were reviewed but adrift and ice
bound cases were not included. Because SARMIS only records vessel
length, the case data for this analysis was not differentiated based on
the vessel's gross tonnage but rather on the vessel's length overall
(LOA). The following vessel LOA estimates were used to assess vessel
tons gross tonnage: an LOA of over 100 feet was used to assess
passenger vessels over 100 tons gross tonnage (subchapter H); an LOA
between 66 to 200 feet was used to assess OSVs (subchapter L); an LOA
of over 200 feet was used to assess cargo vessels--including manned
barges (subchapter I); an LOA of over 66 feet was used to assess tank
vessels--including manned barges (subchapter D); an LOA of over 66 feet
was used to assess nautical school vessels and research vessels; and
all MODU data entries were used.
The overall improvement in lifesaving appliances and arrangements
realized by this interim rule were estimated by estimating the 5-year
case data on Coast Guard rescues and recording the number of lives at
risk (lives lost and saved by the Coast Guard) due to each type of
vessel casualty that would be likely to result in a person entering the
water for each vessel type. The casualty types considered in this
interim rule were capsizing, fire and explosion, flooding and sinking,
and collisions.
The number of lives at risk considered for each casualty and vessel
type was then adjusted to reflect current Coast Guard rescue
effectiveness. This adjusted range of lives at risk calculation was
done by multiplying the Coast Guard's Search and Rescue program
effectiveness for lives saved (90 percent) to the range of lives at
risk calculated for each casualty type. For example, according to the
SARMIS data, there were 99 lives lost due to capsizing, 25 lives lost
due to fire and explosion, 0 lives lost due to flooding and sinking,
and 0 lives lost due to collision over the past 5 years on passenger
vessels over 100 feet in length. The adjusted number of lives at risk
on passenger ships follows: (99 lives multiplied by .10) plus (25 lives
multiplied by .10) plus (0 lives multiplied by .10) plus (0 lives
multiplied by .10).
The probability that the improved lifesaving appliances and
arrangements will increase the rescue likelihood of lives at risk was
estimated based on the adjusted calculations. For capsizing casualties,
the probability of this interim rule increasing a person's rescue was
estimated to be between 5 and 15 percent. This was determined by
considering the positive effects of increased survival craft
availability, visibility, and the effectiveness of crew training on
egress. For fire and explosion casualties, the probability of this
interim rule increasing a person's rescue was estimated to be between 0
and 5 percent. This was determined by considering the positive effects
of increased standards for stowage arrangements of survival craft on
new vessels, availability of survival craft in remote locations, and
the effectiveness of crew training on fire fighting and abandonment.
For flooding and sinking casualties, the probability of this interim
rule increasing a person's rescue was estimated to be between 2 and 8
percent. This was determined by considering the positive effects of
increased standards for launching arrangements of survival craft on new
vessels and the effectiveness of muster lists and emergency
instructions. For collision casualties, the probability of this interim
rule increasing a person's rescue was estimated to be between 1 and 5
percent. This was determined by considering the positive effects of
[[Page 25284]]
requirements for emergency communication capabilities, drill
requirements, and improved equipment capabilities.
Factoring in the effectiveness estimated to adjusted range of lives
at risk for passenger vessels becomes the accumulation of the
following: capsizing risks range from .5 to 1.5 lives (9.9 lives at
risk multiplied by .05) and (9.9 lives at risk multiplied by .15)];
fire and explosion risks range from 0 to .13 lives; flooding and
sinking calculations result in 0 lives; and collision calculations
result in 0 lives. Therefore, the benefits from this interim rule for
passenger vessels over the next 5 years range from .5 lives to 1.63
lives saved.
This calculation was done for the remaining vessel types. For cargo
vessels over 200 feet in length, 0 lives were lost due to capsizing, 84
lives were lost due to fire and explosion, 147 lives were lost due to
flooding and sinking, and 0 lives were lost due to collision over the
past 5 years. Using this method the estimated adjusted range of lives
at risk for cargo vessels becomes the following: capsizing calculations
result in 0 lives; fire and explosion risks range from 0 to .4 lives;
flooding and sinking risks range from .3 to 1.2 lives; and collision
calculations result in 0 lives. Therefore, the benefits from this
interim rule for cargo vessels over the next 5 years range from .3
lives to 1.6 lives saved.
For tank vessels over 66 feet in length, 0 lives were lost due to
capsizing, 66 lives were lost due to fire and explosion, 26 lives were
lost due to flooding and sinking, and 0 lives were lost due to
collision over the past 5 years. Using this method the estimated
adjusted range of lives at risk for tank vessels becomes the following:
capsizing calculations result in 0 lives; fire and explosion risks
range from 0 to .3 lives; flooding and sinking risks range from .1 to
.2 lives; and collision calculations result in 0 lives. Therefore, the
benefits from this interim rule for tank vessels over the next 5 years
range from .1 lives to .5 lives saved.
For OSVs 66 to 200 feet in length, 18 lives were lost due to
capsizing, 11 lives were lost due to fire and explosion, 136 lives were
lost due to flooding and sinking, and 7 lives were lost due to
collision over the past 5 years. Using this method the estimated
adjusted range of lives at risk for OSVs follows: capsizing risks range
from .1 to 2.7 lives; fire and explosion risks range from 0 to .1
lives; flooding and sinking risks range from .3 to 1.1 lives; and
collision risks range from .01 to .04 lives. Therefore, the benefits
from this interim rule for OSVs over the next 5 years range from .41
lives to 3.94 lives saved.
For MODUs of all lengths, 0 lives were lost due to capsizing, 25
lives were lost due to fire and explosion, 16 lives were lost due to
flooding and sinking, and 0 lives were lost due to collision over the
past 5 years. Using this method the estimated adjusted range of lives
at risk for MODUs follows: capsizing calculations result in 0 lives;
fire and explosion risks range from 0 to .125 lives; flooding and
sinking risks range from .03 to .13 lives; and collision calculations
result in 0 lives. Therefore, the benefits from this interim rule for
MODUs over the next 5 years range from .03 lives to .25 lives saved.
For nautical school and research vessels, insufficient data was
found in order to assess them independently. However, the Coast Guard
finds that the benefits realized by this interim rule would be similar
to the cargo and passenger vessel benefits for nautical school and
research vessels.
The total discounted cost for this interim rule is estimated to be
$11,259,277. The benefits from this interim rule for passenger vessels,
cargo vessels, tank vessels, OSVs, and MODUs over the next 5 years
range from 1.34 lives to 7.92 lives saved. The overall benefit for the
five vessel categories affected for the first 5 years of this interim
rule implementation is estimated to be between $3.6 million and $21.4
million. The present value of the estimated range is between $2.2
million and $13 million. Based on the willingness of society to pay
$2.7 million for the value of a fatality averted, as determined by the
Department of Transportation (DOT), if this interim rule causes a
reduction in the number of fatalities by 4.2 people in 5 years, the
benefits will exceed the cost. The number of persons at risk in a major
marine casualty would range from about 25 to 2,000 or more. Since this
interim rule addresses shortcomings in lifesaving systems identified in
past major marine casualties, the Coast Guard is confident that more
than four lives would be saved by the requirements in this rule in any
single major casualty involving a vessel equipped to this rule.
Furthermore, the benefits of this interim rule could be realized at any
time throughout a vessel's economic life, which may extend for 25 years
or more, not just during the 5-year analysis period. As discussed
previously, statistical models are not meaningful in predicting the
occurrence of such low probability/high consequence accidents. Since
some of the less tangible benefits realized through unification of the
U.S. regulations with international regulations are not taken into
account in this analysis, the Coast Guard is confident that the total
benefits exceed total costs, and has determined that this interim rule
is cost effective.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this interim rule will have a
significant economic impact on small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under Section 3 of the Small Business act (15 U.S.C. 632).
``Small entities'' also include not-for-profit organizations and small
governmental jurisdictions.
This interim rule considered small business impact for vessels
privately held by independent companies with less than 500 employees.
It may affect certain OSVs operating primarily in the Gulf of Mexico.
An estimated one-half of the OSV population is owned by 35 vessel
owners, each having 9 or fewer OSVs. Information provided by the
International Association of Drilling Contractors and the Passenger
Vessel Association, show that there is one MODU and about 10 percent of
passenger vessels regulated under subchapter H that should be given
consideration under the Regulatory Flexibility Act.
Sufficient flexibility and alternatives are built into the rule to
allow small entities to comply with requirements at a modest cost. The
greatest cost item to OSVs requires the purchase of satellite EPIRBs.
Flexibility has been provided by allowing vessels which currently have
class A EPIRBs or two class C EPIRBs, installed to retain these until
February 1999, after which these vessels must meet the new requirement
of the interim rule. Other flexibilities offered include a 5-year
phase-in period to certain passenger vessels to comply with survival
craft requirements. These passenger vessels are provided with
alternative options for meeting survival craft requirements.
Because of these accommodations, the Coast Guard certifies that
this interim rule will not have a significant economic impact on a
substantial number of small entities. If, however, you think that your
business or organization qualifies as a small entity and that this
interim rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what
[[Page 25285]]
way and to what degree this interim rule will economically affect it.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each rule that contains a
collection-of-information requirement to determine whether the
practical value of the information is worth the burden imposed by its
collection. Collection-of-information requirements include reporting,
recordkeeping, notification, and other similar requirements.
This interim rule contains collection-of-information requirements.
The Coast Guard has submitted the requirements to the Office of
Management and Budget (OMB) for review under section 3504(h) of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved
them. Persons submitting comments on the requirements should submit
their comments both to OMB and to the Coast Guard where indicated under
ADDRESSES. The section numbers of those provisions and the
corresponding OMB approval numbers are as follows:
a. Sec. 31.36-1--2115-0071
b. Sec. 35.07-10--2115-0071
c. Sec. 35.10-1--2115-0071
d. Sec. 35.10-5--2115-0576, 2115-0577
e. Sec. 35.40-40--2115-0577
f. Sec. 70.28-1--2115-0071
g. Sec. 78.13-1--2115-0576, 2115-0577
h. Sec. 78.17-50--2115-0071
i. Sec. 78.37-5--2115-0071
j. Sec. 78.47-45--2115-0577
k. Sec. 90.27-1--2115-0071
l. Sec. 97.13-1--2115-0576, 2115-0577
m. Sec. 97.15-35--2115-0071
n. Sec. 97.35-5--2115-0071
o. Sec. 97.37-42--2115-0577
p. Sec. 107.305--2115-0554
q. Sec. 108.105--2115-0554
r. Sec. 108.645--2115-0577
s. Sec. 108.646--2115-0577
t. Sec. 108.647--2115-0577
u. Sec. 108.649--2115-0577
v. Sec. 108.650--2115-0577
w. Sec. 108.655--2115-0577
x. Sec. 108.901--2115-0557
y. Sec. 109.213--2115-0071
z. Sec. 109.301--2115-0071
aa. Sec. 109.323--2115-0576, 2115-0557
ab. Sec. 109.425--2115-0007
ac. Sec. 109.433--2115-0071
ad. Sec. 133.40--2115-0554
ae. Sec. 133.70--2115-0577
af. Sec. 133.80--2115-0577
ag. Sec. 133.90--2115-0577
ah. Sec. 167.55-5--2115-0577
ai. Sec. 167.65-1--2115-0071
aj. Sec. 188.27-1--2115-0071
ak. Sec. 195.06-1--2115-0071
al. Sec. 196.13-1--2115-0576, 2115-0577
am. Sec. 196.15-35--2115-0071
an. Sec. 196.35-5--2115-0071
ao. Sec. 196.37-37--2115-0577
ap. Sec. 199.10--2115-0007
aq. Sec. 199.40--2115-0554
ar. Sec. 199.60--2115-0577
as. Sec. 199.70--2115-0577
at. Sec. 199.80--2115-0577
au. Sec. 199.90--2115-0577
av. Sec. 199.100--2115-0576, 2115-0577
aw. Sec. 199.175--2115-0577
ax. Sec. 199.176--2115-0577
ay. Sec. 199.178--2115-0577
az. Sec. 199.180--2115-0071, 2115-0577
ba. Sec. 199.190--2115-0071
bb. Sec. 199.217--2115-0577
bc. Sec. 199.640--2115-0577
Federalism
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that the Agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may result in
expenditures by state, local, and tribal governments, in the aggregate,
or by the private sector of $100 million or more in any 1 year. Because
this interim rule is estimated to result in the expenditure by state,
local, and tribal governments of less than $100 million per year, a
budgetary impact statement has not been prepared. Nevertheless, much of
the information required in a budgetary impact statement can be found
in the Final Regulatory Assessment for this rule.
Several state and local governments operate about 75 passenger
ferries and other vessels regulated under subchapter H. Total
implementation costs to the passenger vessel industry affected by this
interim rule are estimated at $6.7 million and the total recurring
annual costs from 1998 through 2001 is estimated to be $3 million.
State and local government passenger ferries and other vessels account
for an estimated 34 percent or $3.3 million of the total compliance
costs for passenger vessels. The implementation costs to state and
local government vessels accounts for $1.9 million and the total annual
recurring cost would account for $1.4 million.
Because of the minimal estimated cost to state and local
governments, the Coast Guard finds that preparation of a Federalism
Assessment is unwarranted.
Environment
The Coast Guard considered the environmental impact of this interim
rule and concluded that under paragraph 2.B.2 of Commandant Instruction
M16475.1B, this interim rule is categorically excluded from further
environmental documentation. This interim rule is made to enhance the
safety and survivability of personnel at sea, as well as improving the
effectiveness of search and rescue. It is expected to have no
environmental impact. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements,
Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 33
Cargo vessels, Marine safety, Occupational safety and health,
Seamen.
46 CFR Part 35
Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 75
Marine safety, Passenger vessels.
46 CFR Part 77
Marine safety, Navigation (water), Passenger vessels.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 94
Cargo vessels, Marine safety.
46 CFR Part 96
Cargo vessels, Fire protection, Marine safety.
[[Page 25286]]
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 108
Fire prevention, Incorporation by reference, Marine safety,
Occupational safety and health, Oil and gas exploration, Vessels.
46 CFR Part 109
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 125
Incorporation by reference, Marine safety, Occupational safety and
health, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 133
Marine safety, Occupational safety and health, Oil and gas
exploration, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 167
Fire prevention, Marine safety, Reporting and recordkeeping
requirements, Schools, Seamen, Vessels.
46 CFR Part 168
Occupational safety and health, Schools, Seamen, Vessels.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
46 CFR Part 189
Marine safety, Oceanographic research vessels, Reporting and
recordkeeping requirements.
46 CFR Part 192
Marine safety, Oceanographic research vessels.
46 CFR Part 195
Marine safety, Navigation (water), Oceanographic research vessels.
46 CFR Part 196
Marine safety, Oceanographic research 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.
Dated: May 7, 1996.
James C. Card,
Rear Admiral, U.S. Coast Guard Chief, Marine Safety and Environmental
Protection.
For the reasons set out in the preamble, under the authority of 46
U.S.C. 3306, the Coast Guard amends 46 CFR chapter I as follows:
SUBCHAPTER D--TANK VESSELS
PART 30--GENERAL PROVISIONS
1. The authority citation for part 30 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. 5103, 5106; 49
CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of
44 U.S.C. 3507; Section 30.01-5 also issued under the authority of
Sec. 4109, Pub. L. 101-380, 104 Stat. 515.
Sec. 30.01-5 [Amended]
2. In Sec. 30.01-5, paragraph (b) is removed and reserved.
3. In Sec. 30.01-6, paragraph (d) is revised to read as follows:
Sec. 30.01-6 Application to vessels on an international voyage.
* * * * *
(d) The Commandant or his authorized representative may exempt any
vessel from the construction requirements of this subchapter if the
vessel does not proceed more than 20 nautical miles from the nearest
land in the course of its voyage.
PART 31--INSPECTION AND CERTIFICATION
4. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 3703; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 545757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46. Section 31.10-21a also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
5. In Sec. 31.01-1, paragraph (a) is revised to read as follows:
Sec. 31.01-1 Inspections required--TB/ALL.
(a) Every tank vessel subject to the regulations in this subchapter
shall be inspected biennially, annually, or oftener, if necessary, by
the Coast Guard to see that the hull, boilers, machinery, equipment,
apparatus for storage, and appliances of the vessel comply with marine
inspection laws, and the regulations in this subchapter, and when
applicable, subchapters E, F, J, O, Q, S, and W of this chapter and 33
CFR parts 155 and 157.
* * * * *
6. In Sec. 31.05-1, paragraph (a) is revised to read as follows:
Sec. 31.05-1 Issuance of certificate of inspection--TB/ALL.
(a) When a tank vessel is found to comply with the regulations in
this subchapter, and applicable provisions of subchapters E, F, J, O,
Q, S, and W of this chapter and 33 CFR parts 155 and 157, a certificate
of inspection will be issued to it, or to its owners, by the Officer in
Charge, Marine Inspection.
* * * * *
7. Subpart 31.36 is added to read as follows:
Subpart 31.36--Lifesaving Appliances and Arrangements
Sec.
31.36-1 Lifesaving appliances and arrangements--TB/ALL.
Subpart 31.36--Lifesaving Appliances and Arrangements
Sec. 31.36-1 Lifesaving appliances and arrangements--TB/ALL.
All lifesaving appliances and arrangements on tank vessels must be
in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
PART 33--[REMOVED]
8. Part 33 is removed.
PART 35--OPERATIONS
9. The authority citation for part 35 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
10. In Sec. 35.07-10, paragraph (b)(1) is revised, paragraphs
(b)(2) and (b)(7) are removed, and paragraphs (b) (3), (4), (5), (6),
(8), (9), and (10) are redesignated as paragraphs (b)(2) through (b)(8)
to read as follows:
Sec. 35.07-10 Actions required to be logged-TB/ALL.
* * * * *
(b) * * *
(1) Onboard training, musters, and drills: held in accordance with
subchapter W (Lifesaving Appliances or Arrangements) of this chapter.
* * * * *
11. Section 35.10-1 is revised to read as follows:
Sec. 35.10-1 Emergency training, musters, and drills--T/ALL.
Onboard training, musters, and drills must be in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
[[Page 25287]]
12. Section 35.10-5 is revised to read as follows:
Sec. 35.10-5 Muster lists, emergency signals, and manning--T/ALL.
The requirements for muster lists, emergency signals, and manning
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
Secs. 35.10-6, 35.10-7, 35.10-9, 35.10-20, 35.10-25, 35.10-
30 [Removed]
13. Sections 35.10-6, 35.10-7, 35.10-9, and 35.10-20, 35.10-25, and
35.10-30 are removed.
Secs. 35.30-50, 35.30-55 [Removed]
14. Sections 35.30-50 and 35.30-55 are removed.
15. In subpart 35.40, the subpart heading is revised to read as
follows:
Subpart 35.40-Posting and Marking Requirements--TB/ALL
16. Section 35.40-40 is revised to read as follows:
Sec. 35.40-40 Marking and instructions for fire and emergency
equipment--TB/ALL.
Lifesaving appliances, instructions to passengers, and stowage
locations for all tank vessels must be in accordance with subchapter W
(Lifesaving Appliances and Arrangements) of this chapter.
SUBCHAPTER H--PASSENGER VESSELS
PART 70--GENERAL PROVISIONS
17. The authority citation for part 70 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.45, 1.46;
Section 70.01-15 also issued under the authority of 44 U.S.C. 3507.
18. In Sec. 70.05-10, paragraph (d) is revised to read as follows:
Sec. 70.05-10 Application to vessels on an international voyage.
* * * * *
(d) The Commandant or his authorized representative may exempt any
vessel from the construction requirements of this subchapter if the
vessel does not proceed more than 20 nautical miles from the nearest
land in the course of its voyage.
Sec. 70.10-3 [Removed]
19. Section 70.10-3 removed.
20. Sec. 70.10-34 is added to read as follows:
Sec. 70.10-34 Passenger.
(a) The term passenger means--
(1) On an international voyage, every person other than--
(i) The master and the members of the crew or other persons
employed or engaged in any capacity on board a vessel on the business
of that vessel; and
(ii) A child under 1 year of age.
(2) On other than an international voyage, an individual carried on
the vessel, except--
(i) The owner or an individual representative of the owner or, in
the case of a vessel under charter, an individual charterer or
individual representative of the charter;
(ii) The master; or
(iii) A member of the crew engaged in the business of the vessel
who has not contributed consideration for carriage and who is paid for
onboard services.
(b) The term passenger for hire means a passenger for whom
consideration is contributed as a condition of carriage on the vessel,
whether directly or indirectly flowing to the owner, charterer,
operator, agent, or any other person having an interest in the vessel.
21. Section 70.10-35 is revised to read as follows:
Sec. 70.10-35 Passenger Vessel.
The term passenger vessel means--
(a) On an international voyage, a vessel of at least 100 tons gross
tonnage carrying more than 12 passengers; and
(b) On other than an international voyage, a vessel of at least 100
tons gross tonnage--
(1) Carrying more than 12 passengers, including at least one
passenger for hire; or
(2) That is chartered and carrying more than 12 passengers.
22. Section 70.10-43 is revised to read as follows:
Sec. 70.10-43 Short international voyage.
A short international voyage is an international voyage in the
course of which a vessel is not more than 200 miles from a port or
place in which the passengers and crew could be placed in safety.
Neither the distance between the last port of call in the country in
which the voyage begins and the final port of destination nor the
return voyage may exceed 600 miles. The final port of destination is
the last port of call in the scheduled voyage at which the vessel
commences its return voyage to the country in which the voyage began.
23. Subpart 70.28 is added to read as follows:
Subpart 70.28--Lifesaving Appliances and Arrangements
Sec.
70.28-1 Lifesaving appliances and arrangements.
Subpart 70.28--Lifesaving Appliances and Arrangements
Sec. 70.28-1 Lifesaving appliances and arrangements.
All lifesaving appliances and arrangements on passenger vessels
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
PART 71--INSPECTION AND CERTIFICATION
24. The authority citation for part 71 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
25. Section 71.15-1 is revised to read as follows:
Sec. 71.15-1 Standards in inspection of hulls, boilers, and machinery.
In the inspection of hulls, boilers, and machinery of vessels, the
standards established by the American Bureau of Shipping, see part 70,
subpart 70.35 of this chapter respecting material and inspection of
hulls, boilers, and machinery, and the certificate of classification
referring thereto, except where otherwise provided for by the rules and
regulations in this subchapter, subchapter E (Load Lines), subchapter F
(Marine Engineering), subchapter J (Electrical Engineering), and
subchapter W (Lifesaving Appliances and Arrangements) of this chapter,
shall be accepted as standard by the inspectors.
26. In Sec. 71.20-20, paragraph (a)(1) is revised, paragraph (a) is
redesignated as introductory text, and paragraphs (a) (1), (2), (3),
(4), (5), and (6) are redesignated as paragraphs (a) through (f) to
read as follows:
Sec. 71.20-20 Specific tests and inspections.
* * * * *
(a) For inspection procedures of lifesaving appliances and
arrangements, see subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
* * * * *
27. Section 71.25-15 is revised to read as follows:
Sec. 71.25-15 Lifesaving equipment.
For inspection procedures of lifesaving appliances and
arrangements, see subchapter W (Lifesaving
[[Page 25288]]
Appliances and Arrangements) of this chapter.
PART 75--[REMOVED]
28. Part 75 is removed.
PART 77--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
29. The authority citation for part 77 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; 49 CFR 1.46.
30. Subpart 77.06 is added to read as follows:
Subpart 77.06--Lifesaving Appliances and Arrangements
Sec.
77.06-1 Installation.
Subpart 77.06--Lifesaving Appliances and Arrangements
Sec. 77.06-1 Installation.
The installation of all lifesaving appliances and arrangements must
be in accordance with the requirements of subchapter W (Lifesaving
Appliances and Arrangements) of this chapter.
PART 78--OPERATIONS
31. The authority citation for part 78 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1981 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
32. Section 78.13-1 is revised to read as follows:
Sec. 78.13-1 Muster lists, emergency signals, and manning.
The requirements for muster lists, emergency signals, and manning
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
Secs. 78.13-5, 78.13-10, 78.13-15, 78.13-20 [Removed]
33. Sections 78.13-5, 78.13-10, 78.13-15 and 78.13-20 are removed.
Subpart 78.14--[Removed]
34. Subpart 78.14 is removed.
Sec. 78.17-40 [Removed]
35. Section 78.17-40 is removed.
36. Section 78.17-50 is revised to read as follows:
Sec. 78.17-50 Emergency training, musters, and drills.
Onboard training, musters, and drills must be in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
Secs. 78.17-52, 78.17-55, 78.17-60, 78.17-70, 78.17-85, 78.17-90
[Removed]
37. Sections 78.17-52, 78.17-55, 78.17-60, 78.17-70, 78.17-85, and
17.17-90 are removed.
38. In Sec. 78.37-5 paragraphs (a)(10) and (a)(12) are removed,
paragraph (a) is redesignated as introductory text, and paragraphs
(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), (11), (13), (14), and
(15) are redesignated as paragraphs (a) through (m) and newly
redesignated paragraph (a) is revised to read as follows:
Sec. 78.37-5 Actions required to be logged.
* * * * *
(a) Onboard training, musters, and drills: held in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
* * * * *
Secs. 78.47-43, 78.47-45 [Removed]
39. Sections 78.47-43 and 78.47-45 are removed.
40. A new Sec. 78.47-45 is added to read as follows:
Sec. 78.47-45 Markings for lifesaving appliances, instructions to
passengers, and stowage locations.
Lifesaving appliances, instructions to passengers, and stowage
locations must be marked in accordance with subchapter W (Lifesaving
Appliances and Arrangements) of this chapter.
Secs. 78.47-47, 78.47-50, 78.47-51, 78.47-60, 78.47-63, 78.47-65,
78.47-72 [Removed]
41. Sections 78.47-47, 78.47-50, 78.47-51, 78.47-60, 78.47-63,
78.47-65, and 78.47-72 are removed.
Subpart 78.49--[Removed]
42. Subpart 78.49 is removed.
Subpart 78.87--[Removed]
43. Subpart 78.87 is removed.
SUBCHAPTER I--CARGO AND MISCELLANEOUS VESSELS
PART 90--GENERAL PROVISIONS
44. The authority citation for part 90 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703, 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
45. In Sec. 90.05-10, paragraph (d) is revised to read as follows:
Sec. 90.05-10 Application to vessels on an international voyage.
* * * * *
(d) The Commandant or his authorized representative may exempt any
vessel from the construction requirements of this subchapter if the
vessel does not proceed more than 20 nautical miles from the nearest
land in the course of its voyage.
Sec. 90.10-3 [Removed]
46. Section 90.10-3 is removed.
47. Section 90.10-29 is revised to read as follows:
Sec. 90.10-29 Passenger.
(a) The term passenger means--
(1) On an international voyage, every person other than--
(i) The master and the members of the crew or other persons
employed or engaged in any capacity on board a vessel on the business
of that vessel; and
(ii) A child under 1 year of age.
(2) On other than an international voyage, an individual carried on
the vessel, except--
(i) The owner or an individual representative of the owner or, in
the case of a vessel under charter, an individual charterer or
individual representative of the charterer;
(ii) The master; or
(iii) A member of the crew engaged in the business of the vessel
who has not contributed consideration for carriage and who is paid for
onboard services.
(b) The term passenger for hire means a passenger for whom
consideration is contributed as a condition of carriage on the vessel,
whether directly or indirectly flowing to the owner, charterer,
operator, agent, or any other person having an interest in the vessel.
48. Subpart 90.27 is added to read as follows:
Subpart 90.27--Lifesaving Appliances and Arrangements
Sec.
90.27-1 Lifesaving appliances and arrangements.
Subpart 90.27--Lifesaving Appliances and Arrangements
Sec. 90.27-1 Lifesaving appliances and arrangements.
All lifesaving appliances and arrangements must be in accordance
with subchapter W (Lifesaving Appliances and Arrangements) of this
chapter.
PART 91--INSPECTION AND CERTIFICATION
49. The authority citation for part 91 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; 49 CFR 1.46.
[[Page 25289]]
50. Section 91.15-1 is revised to read as follows:
Sec. 91.15-1 Standards in inspection of hulls, boilers, and machinery.
In the inspection of hulls, boilers, and machinery of vessels, the
standards established by the American Bureau of Shipping, see part 90,
subpart 90.35 of this chapter, respecting material and inspection of
hulls, boilers, and machinery, and the certificate of classification
referring thereto, except where otherwise provided for by the rules and
regulations in this subchapter, subchapter E (Load Lines), subchapter F
(Marine Engineering), subchapter J (Electrical Engineering), and
subchapter W (Lifesaving Appliances and Arrangements) of this chapter,
shall be accepted as standard by the inspectors.
51. In Sec. 91.20-20, paragraph (a) is redesignated as introductory
text, and paragraphs (a) (1), (2), (3), (4), and (5) are redesignated
as paragraphs (a) through (e) and newly redesignated paragraph (a) is
revised to read as follows:
Sec. 91.20-20 Specific tests and inspections.
* * * * *
(a) For inspection procedures of lifesaving appliances and
arrangements, see subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
* * * * *
52. Section 91.25-15 is revised to read as follows:
Sec. 91.25-15 Lifesaving equipment.
For inspection procedures of Lifesaving appliances and
arrangements, see subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
PART 94--[REMOVED]
53. Part 94 is removed.
PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
54. The authority citation for part 96 continues to read as
follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1981
Comp., p. 277; 49 CFR 1.46.
55. Subpart 96.06 is added to read as follows:
Subpart 96.06--Lifesaving Appliances and Arrangements
Sec.
96.06-1 Installation.
Subpart 96.06--Lifesaving Appliances and Arrangements
Sec. 96.06-1 Installation.
The installation of all lifesaving appliances and arrangements must
be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
PART 97--OPERATIONS
56. The authority citation for part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.46.
57. Section 97.13-1 is revised to read as follows:
Sec. 97.13-1 Muster lists, emergency signals, and manning.
The requirements for muster lists, emergency signals, and manning
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
Secs. 97.13-5, 97.13-10, 97.13-15, 97.13-20 [Removed]
58. Sections 97.13-5, 97.13-10, 97.13-15 and 97.13-20 are removed.
Subpart 97.14--[Removed]
59. Subpart 97.14 is removed.
Sec. 97.15-25 [Removed]
60. Section 97.15-25 is removed.
61. Section 97.15-35 is revised to read as follows:
Sec. 97.15-35 Emergency training, musters, and drills.
Onboard training, musters, and drills must be in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
Secs. 97.15-37, 97.15-40, 97.15-45, 97.15-50, 97.15-65, 97.15-
70 [Removed]
62. Sections 97.15-37, 97.15-40, 97.15-45, 97.15-50, 97.15-65, and
97.15-70 are removed.
63. In Sec. 97.35-5, paragraphs (a)(7) and (a)(9) are removed,
paragraph (a) is redesignated as introductory text, and paragraphs (a)
(1), (2), (3), (4), (5), (6), (8), (10), (11), and (12) are
redesignated as paragraphs (a) through (j) and newly redesignated
paragraph (a) is revised to read as follows:
Sec. 97.35-5 Actions required to be logged.
* * * * *
(a) Onboard training, musters, and drills: held in accordance with
subchapter W (Lifesaving appliances and Arrangements) of this chapter.
* * * * *
Secs. 97.37-37, 97.37-40 [Removed]
64. Sections 97.37-37 and 97.37-40 are removed.
65. Section 97.37-42 is added to read as follows:
Sec. 97.37-42 Markings for lifesaving appliances, instructions to
passengers, and stowage locations.
Lifesaving appliances, instructions to passengers, and stowage
locations must be marked in accordance with subchapter W (Lifesaving
Appliances and Arrangements) of this chapter.
Secs. 97.37-43, 97.37-55 [Removed]
66. Sections 97.37-43 and 97.37-55 are removed.
Subparts 97.39, 97.85--[Removed]
67. Subparts 97.39 and 97.85 are removed.
SUBCHAPTER I-A--MOBILE OFFSHORE DRILLING UNITS
PART 107--INSPECTION AND CERTIFICATION
68. The authority citation for part 107 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115; 49 CFR 1.45,
1.46; Sec. 107.05 also issued under the authority of 44 U.S.C. 3507.
69. In Sec. 107.111, add definitions, in alphabetical order, to
read as follows:
Sec. 107.111 Definitions.
* * * * *
Accommodation means a cabin or other covered or enclosed place
intended to carry persons.
* * * * *
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of subchapter Q of this chapter, the approval series
corresponds to the number of the subpart. A listing of approved
equipment, including all of the approval series, is published
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3
series), available from the Superintendent of Documents.
* * * * *
Embarkation ladder means the ladder provided at survival craft
embarkation stations to permit safe access to survival craft after
launching.
Embarkation station means the place where a survival craft is
boarded.
Float-free launching means the method of launching a survival craft
or lifesaving appliance whereby the craft or appliance is automatically
released from a sinking unit and is ready for use.
Free-fall launching means the method of launching a survival craft
whereby
[[Page 25290]]
the craft, with its full complement of persons and equipment on board,
is released and allowed to fall into the sea without any restraining
apparatus.
* * * * *
Immersion suit means protective suit that reduces loss of body heat
of a person wearing it in cold water.
* * * * *
Inflatable appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is normally kept uninflated
until ready for use.
Inflated appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is kept inflated and ready
for use at all times.
* * * * *
Launching appliance or launching arrangement means the method or
devices for transferring a survival craft or rescue boat from its
stowed position to the water. For a launching arrangement using a
davit, the term includes the davit, winch, and falls.
Lifejacket means a flotation device approved as a life preserver or
lifejacket.
Marine evacuation system means an appliance designed to rapidly
transfer large numbers of persons from an embarkation station by means
of a passage to a floating platform for subsequent embarkation into
associated survival craft, or directly into associated survival craft.
* * * * *
Muster station means the place where the crew and industrial
personnel assemble before boarding a survival craft.
* * * * *
Novel lifesaving appliance or arrangement means one that has new
features not fully covered by the provisions of this subchapter but
providing an equal or higher standard of safety.
* * * * *
Rescue boat means a boat designed to rescue persons in distress and
to marshal survival craft.
Retrieval means the safe recovery of survivors.
Seagoing condition means the operating condition of the unit with
the personnel, equipment, fluids, and ballast necessary for safe
operation on the waters where the unit operates. For bottom-bearing
mobile offshore drilling units (MODU), the term also applies in the
bottom-bearing mode, but the lightest seagoing condition is considered
to be the highest anticipated operating condition.
* * * * *
Survival craft means a craft capable of sustaining the lives of
persons in distress after abandoning the unit on which they were
carried. The term includes lifeboats and liferafts, but does not
include rescue boats.
* * * * *
70. In Sec. 107.231, paragraphs (h), (i), and (z) are removed; and
paragraphs (j) through (y), (aa), (bb), and (cc) are redesignated as
paragraph (h) through (y); and paragraph (b) through (q) and newly
redesignated paragraph (v) are revised to read as follows:
Sec. 107.231 Inspection for certification.
* * * * *
(b) The survival craft and rescue boat launching appliances are in
proper condition and operating properly at loads ranging from light
load to full load.
(c) The lifeboats and rescue boats, including engines and release
mechanisms are in proper condition and operating properly.
(d) The flotation equipment such as lifebuoys, lifejackets,
immersion suits, work vests, lifefloats, buoyant apparatus, and
associated equipment are in proper condition.
(e) Each inflatable liferaft and inflatable lifejacket has been
serviced as required under this chapter;
(f) Each hydrostatic release unit, other than a disposable
hydrostatic release unit, has been serviced as required under this
chapter.
(g) The crew has the ability to effectively carry out abandonment
and fire fighting procedures.
* * * * *
(v) Tests and inspections of the lifesaving equipment shall be
carried out during the initial inspection for certification, and
whenever any new item of lifesaving equipment is installed on the unit.
The tests and inspections shall determine that the installation of each
item of lifesaving equipment is consistent with each condition of its
approval, as listed on its Coast Guard Certificate of Approval. The
tests and inspections shall also demonstrate, as applicable,--
(1) The proper condition and operation of the survival craft and
rescue boat launching appliances at loads ranging from light load to 10
percent overload;
(2) The proper condition and operation of lifeboats and rescue
boats, including engines and release mechanisms;
(3) The proper condition of flotation equipment such as lifebuoys,
lifejackets, immersion suits, work vests, and associated equipment;
(4) The proper condition of distress signaling equipment, including
EPIRB's, SART's, and pyrotechnic signaling devices;
(5) The proper condition of line-throwing appliances;
(6) The proper condition and operation of embarkation and
debarkation appliances, including embarkation-debarkation ladders, and
alternate means of escape;
(7) The ability of the crew to effectively carry out abandonment
and firefighting procedures; and
(8) The ability to meet the egress and survival craft launching
requirements of this part.
* * * * *
Secs. 107.239, 107.243 [Removed]
71. Section 107.239 and 107.243 are removed.
72. In Sec. 107.305, paragraphs (bb) and (cc) are revised to read
as follows:
Sec. 107.305 Plans and information.
* * * * *
(bb) The location and arrangement of each lifesaving system
including each embarkation deck, showing each overboard discharge and
clearances from projections and obstructions in the way of launching
lifeboats, rescue boats, and liferafts throughout the range of list and
trim angles required under part 108, subpart E of this chapter.
(cc) The weight of each lifeboat, rescue boat, and davit-launched
liferaft when fully equipped and loaded.
* * * * *
PART 108--DESIGN AND EQUIPMENT
73. The authority citation for part 108 continues to read as
follows:
Authority: 43 U.S.C. 1333, 1333(d); 46 U.S.C. 3102, 3306, 5115;
49 CFR 1.46.
74. In Sec. 108.101, paragraph (b) is revised to read as follows:
Sec. 108.101 Incorporation by reference.
* * * * *
(b) The material approved for incorporation by reference in this
part and the sections affected are:
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 19103
ASTM D93-94, Flash Point by Pennsky-Martens Closed 108.500
Cup Tester.
[[Page 25291]]
ASTM F-1014, Standard Specification for 108.497
Flashlights on Vessels, 1986.
ASTM F-1121, International Shore Connections for 108.427
Marine Fire Applications, 1987.
International Maritime Organization (IMO)
4 Albert Embankment, London, SE1 7SR, England
Resolution A.520(13), Code of Practice for the 108.105.
Evaluation, Testing and Acceptance of Prototype
Novel Life-saving Appliances and Arrangements, 17
November 1983.
Resolution A.649(16), Code for the Construction 108.503.
and Equipment of Mobile Offshore Drilling Units
(MODU Code), 19 October 1989 with amendments of
June 1991.
Resolution A.658(16), Use and Fitting of Retro- 108.645; 108.649.
reflective Materials on Life-saving Appliances,
20 November 1989.
Resolution A.760(18), Symbols Related to Life- 108.646; 108.647; 108.649; 108.655.
saving Appliances and Arrangements, 17 November
1993.
75. Section 108.103 is revised to read as follows:
Sec. 108.103 Equipment not required on a unit.
Each item of lifesaving and firefighting equipment carried on board
the unit in addition to equipment of the type required under this
subchapter, must--
(a) Be approved; or
(b) Be acceptable to the cognizant OCMI, for use on the unit.
76. In Sec. 108.105, paragraph (a) is revised, and paragraphs (c)
through (f) are added to read as follows:
Sec. 108.105 Substitutions for required fittings, material, apparatus,
equipment, arrangements, calculations, and tests.
(a) Where this subchapter requires a particular fitting, material,
apparatus, equipment, arrangement, calculation or test, the Commandant
(G-MSE) may accept any substitution that is at least as effective as
that specified. If necessary, the Commandant (G-MSE) may require
engineering evaluations and tests to demonstrate the equivalence of the
substitution.
* * * * *
(c) The Commandant (G-MSE) may accept a novel lifesaving appliance
or arrangement, if it provides a level of safety equivalent to the
requirements of this part and the appliance or arrangement--
(1) Is evaluated and tested in accordance with IMO Resolution
A.520(13), Code of Practice for the Evaluation, Testing and Acceptance
of Prototype Novel Life-saving Appliances and Arrangements; or
(2) Has successfully undergone evaluation and tests that are
substantially equivalent to those recommendations.
(d) During a unit's construction and when any modification to the
lifesaving arrangement is done after construction, the owner must
obtain acceptance of lifesaving arrangements from the Commandant (G-
MSC).
(e) The OCMI may accept substitute lifesaving appliances other than
those required by this part, except for--
(1) Survival craft and rescue boats; and
(2) Survival craft and rescue boat launching and embarkation
appliances.
(f) Acceptance of lifesaving appliances and arrangements will
remain in effect unless--
(1) The OCMI deems their condition to be unsatisfactory or unfit
for the service intended; or
(2) The OCMI deems the crew's ability to use and assist others in
the use of the lifesaving appliances or arrangements to be inadequate.
77. Subpart E is revised to read as follows:
Subpart E--Lifesaving Equipment
Sec.
108.500 General.
108.503 Relationship to international standards.
108.510 Application.
108.515 Requirements for units built before October 1, 1996.
108.520 Type of survival craft.
108.525 Survival craft number and arrangement.
108.530 Stowage of survival craft.
108.540 Survival craft muster and embarkation arrangements.
108.545 Marine evacuation system launching arrangements.
108.550 Survival craft launching and recovery arrangements:
general.
108.553 Survival craft launching and recovery arrangements using
falls and a winch.
108.555 Lifeboat launching and recovery arrangements.
108.557 Free-fall lifeboat launching and recovery arrangements.
108.560 Rescue boats.
108.565 Stowage of rescue boats.
108.570 Rescue boat embarkation, launching and recovery
arrangements.
108.575 Survival craft and rescue boat equipment.
108.580 Personal lifesaving appliances.
108.595 Communications.
108.597 Line-throwing appliance.
Subpart E--Lifesaving Equipment
Sec. 108.500 General.
(a) Each unit, other than a surface type unit, must meet the
requirements in this subpart.
(b) Each surface type unit must meet the lifesaving system
requirements in subchapter W of this chapter, for a tank vessel
certificated to carry cargoes that have a flash less than 60 deg.C, as
determined under ASTM D93-94.
(c) The OCMI may require a unit to carry specialized or additional
lifesaving equipment other than as required by this part, if the OCMI
determines the conditions of the unit's service present uniquely
hazardous circumstances which are not adequately addressed by existing
requirements.
Sec. 108.503 Relationship to international standards.
For the purposes of this part, any unit carrying a valid IMO MODU
Safety Certificate, including a listing of lifesaving equipment as
required by the 1989 IMO MODU Code, is considered to have met the
requirements of this subpart if, in addition to the requirements of the
1989 IMO MODU Code, it meets the following requirements:
(a) Each new lifeboat and launching appliance may be of aluminum
construction only if its stowage location is protected with a water
spray system in accordance with Sec. 108.550(d) of this chapter.
(b) Each lifejacket, immersion suit, and emergency position
indicating radiobeacon (EPIRB) must be marked with the unit's name in
accordance with Secs. 108.649 and 108.650.
(c) Inflatable lifejackets, if carried, must be of the same or
similar design as required by Sec. 108.580(b).
(d) Containers for lifejackets, immersions suits, and anti-exposure
suits must be marked as specified in Sec. 108.649(g).
(e) Each liferaft must be arranged to permit it to drop into the
water from the deck on which it is stowed as required in
Sec. 108.530(c)(3).
(f) Survival craft must be arranged to allow safe disembarkation
onto the unit after a drill in accordance with Sec. 108.540(f).
(g) The requirements for guarding of falls in Secs. 108.553 (d) and
(f) must be met.
(h) The winch drum requirements described in Sec. 108.553(e) must
be met
[[Page 25292]]
for all survival craft winches, not just multiple drum winches.
(i) The maximum lowering speed requirements from Secs. 108.553 (h)
and (i) must be met.
(j) An auxiliary line must be kept with each line-throwing
appliance in accordance with Sec. 108.597(c)(2).
(k) Immersion suits are required on all units, except those
operating between the 32 degrees north and 32 degrees south latitude in
accordance with Sec. 108.580(c).
(l) All abandonment drills conducted on units carrying immersion
suits must include immersion suits.
Sec. 108.510 Application.
(a) For the purposes of this subpart--
(1) Similar stage of construction means the stage at which--
(i) Construction identifiable with a specific unit begins; and
(ii) Assembly of that unit comprising at least 50 metric tons (55.1
U.S. tons) or 1 percent of the estimated mass of all structural
material, whichever is less, has been achieved.
(2) Unit constructed means a unit, the keel of which is laid or
which is at a similar stage of construction.
(b) Subject to Sec. 108.515, each unit constructed before October
1, 1996, must meet the requirements of this subpart, except for the
number, type, and arrangement of lifeboats (including survival
capsules), lifeboat davits, winches, inflatable liferafts, liferaft
launching equipment, and rescue boats.
(c)(1) If a District Commander determines that the overall safety
of the persons on board a unit will not be significantly reduced, the
District Commander may grant an exemption from compliance with a
provision of this part to a specific unit for a specified geographic
area within the boundaries of the Coast Guard District. This exemption
may be limited to certain periods of the year.
(2) Requests for exemption under this paragraph must be in writing
to the OCMI for transmission to the District Commander in the area in
which the unit is in service or will be in service.
(3) If the exemption is granted by the District Commander, the OCMI
will endorse the unit's Certificate of Inspection with a statement
describing the exemption.
Sec. 108.515 Requirements for units built before October 1, 1996.
(a) Units which were constructed prior to October 1, 1996, must--
(1) By October 1, 1997, have either--
(i) Lifeboats and liferafts that meet Sec. 108.525; or
(ii) Totally enclosed fire-protected lifeboats of sufficient
capacity to accommodate 100 percent of the persons permitted on board,
plus additional totally enclosed lifeboats or davit-launched liferafts
of sufficient capacity to accommodate 100 percent of the persons
permitted on board the unit. The following exceptions apply:
(A) An open lifeboat may be used instead of davit-launched
liferafts as long as it is in good working order. An open lifeboat
requiring extensive repairs must be replaced with either a totally
enclosed fire-protected lifeboat, or davit-launched liferafts.
(B) A submersible unit constructed before January 3, 1979, may
continue to use the lifesaving arrangements described on the units
Certificate of Inspection in effect on October 1, 1996.
(2) By October 1, 1997, fit retro-reflective material on all
floating appliances, lifejackets, and immersion suits.
(3) Except for the requirements in paragraphs (a)(1) and (a)(2) of
this section, units may retain the arrangement of lifesaving appliances
previously required and approved for the unit, as long as the
arrangement or appliance is maintained in good condition to the
satisfaction of the OCMI.
(b) When any lifesaving appliance or arrangement on a unit subject
to this part is replaced, or when the unit undergoes repairs,
alterations or modifications of a major character involving replacement
of, or any addition to, the existing lifesaving appliances or
arrangements, each new lifesaving appliance and arrangement must meet
the requirements of this part, unless the OCMI determines that the unit
cannot accommodate the new appliance or arrangement, except that--
(1) A survival craft is not required to meet the requirements of
this part if it is replaced without replacing its davit and winch; and
(2) A davit and its winch are not required to meet the requirements
of this part if one or both are replaced without replacing the survival
craft.
Sec. 108.520 Type of survival craft.
(a) Each lifeboat must be a fire-protected lifeboat approved under
approval series 160.135. A lifeboat of aluminum construction in the
hull or canopy must be protected in its stowage position by a water
spray system meeting the requirements of part 34, subpart 34.25 of this
chapter.
(b) Each inflatable liferaft must be approved under approval series
160.151. Each rigid liferaft must be approved under approval series
160.118. Each liferaft must have a capacity of six persons or more.
Sec. 108.525 Survival craft number and arrangement.
(a) Each unit must carry the following:
(1) Lifeboats installed in at least two widely separated locations
on different sides or ends of the unit. The arrangement of the
lifeboats must provide sufficient capacity to accommodate the total
number of persons permitted on board if--
(i) All the lifeboats in any one location are lost or rendered
unusable; or
(ii) All the lifeboats on any one side or end of the unit are lost
or rendered unusable.
(2) Liferafts arranged for float-free launching and having an
aggregate capacity that will accommodate the total number of persons
permitted on board.
(b) In the case of a self-elevating unit where, due to its size or
configuration, lifeboats can not be located in the widely separated
locations required under parag
FR Doc. 96-11777 Lifesaving Equipment
raph (a)(1) of this section, the OCMI may
accept the following number and arrangement of survival craft:
(1) Lifeboats with an aggregate capacity to accommodate the total
number of persons permitted on board.
(2) Liferafts served by launching appliances or marine evacuation
systems of an aggregate capacity to accommodate the total number of
persons permitted on board. These liferafts may be the float-free
liferafts under paragraph (a)(2) of this section, or liferafts in
addition to the float-free liferafts.
Sec. 108.530 Stowage of survival craft.
(a) General. Each survival craft required to be served by a
launching appliance or marine evacuation system must be stowed as
follows:
(1) Each survival craft must be stowed as close to the
accommodation and service spaces as possible.
(2) Each survival craft must be stowed in a way that neither the
survival craft nor its stowage arrangements will interfere with the
embarkation and operation of any other survival craft or rescue boat at
any other launching station.
(3) Each survival craft must be stowed as near the water surface as
is safe and practicable.
(4) Each survival craft must be stowed where the survival craft, in
the embarkation position, is above the waterline with the unit--
(i) In the fully loaded condition; and
(ii) Listed up to 20 degrees either way, or to the angle where the
unit's weatherdeck edge becomes submerged, whichever is less.
(5) Each survival craft must be sufficiently ready for use so that
two
[[Page 25293]]
crew members can complete preparations for embarkation and launching in
less than 5 minutes.
(6) Each survival craft must be fully equipped as required under
this subpart.
(7) Each survival craft must be in a secure and sheltered position
and protected from damage by fire and explosion, as far as practicable.
(8) Each survival craft must not require lifting from its stowed
position in order to launch, except that a davit-launched liferaft may
be lifted by a manually powered winch from its stowed position to its
embarkation position.
(b) Additional lifeboat-specific stowage requirements. In addition
to meeting the requirements of paragraph (a) of this section, each
lifeboat must be stowed as follows:
(1) The unit must be arranged so each lifeboat, in its stowed
position, is protected from damage by heavy seas.
(2) Each lifeboat must be stowed attached to its launching
appliance.
(3) Each lifeboat must be provided a means for recharging the
lifeboat batteries from the unit's power supply at a supply voltage not
exceeding 50 volts.
(c) Additional liferaft-specific stowage requirements. In addition
to meeting the requirements of paragraph (a) of this section, each
liferaft must be stowed as follows:
(1) Each liferaft must be stowed to permit manual release from its
securing arrangements.
(2) Each liferaft must be stowed at a height above the waterline in
the lightest seagoing condition, not greater than the maximum stowage
height indicated on the liferaft. Each liferaft without an indicated
maximum stowage height must be stowed not more than 18 meters (59 feet)
above the waterline in the unit's lightest seagoing condition.
(3) Each liferaft must be arranged to permit it to drop into the
water from the deck on which it is stowed. A liferaft stowage
arrangement meets this requirement if it--
(i) Is outboard of the rail or bulwark;
(ii) Is on stanchions or on a platform adjacent to the rail or
bulwark; or
(iii) Has a gate or other suitable opening to allow the liferaft to
be pushed directly overboard.
(4) Each davit-launched liferaft must be stowed within reach of its
lifting hook, unless some means of transfer is provided that is not
rendered inoperable--
(i) Within the list limits specified in paragraph (a)(4)(ii) of
this section;
(ii) By unit motion; or
(iii) By power failure.
(5) Each rigid container for an inflatable liferaft to be launched
by a launching appliance must be secured in a way that the container or
parts of it are prevented from falling into the water during and after
inflation and launching of the contained liferaft.
(6) Each liferaft must have a painter system providing a connection
between the unit and the liferaft.
(7) Each liferaft or group of liferafts must be arranged for float-
free launching. The arrangement must ensure that the liferaft or
liferafts when released and inflated, are not dragged under by the
sinking unit. A hydrostatic release unit used in a float-free
arrangement must be approved under approval series 160.162.
Sec. 108.540 Survival craft muster and embarkation arrangements.
(a) Each muster station must have sufficient space to accommodate
all persons assigned to muster at that station. One or more muster
stations must be close to each embarkation station.
(b) Each muster station and embarkation station must be readily
accessible from accommodation and work areas.
(c) Each lifeboat must be arranged to be boarded and launched
directly from the stowed position.
(d) Each lifeboat must be arranged to be boarded by its full
complement of persons within 3 minutes from the time the instruction to
board is given.
(e) Each davit-launched and free-fall survival craft muster station
and embarkation station for a survival craft which is boarded before it
is launched must be arranged to enable stretcher cases to be placed in
the survival craft.
(f) Means must be provided for bringing each davit-launched
survival craft against the side of the unit and holding it alongside to
allow persons to be--
(1) Safely embarked in the case of a survival craft intended to be
boarded over the edge of the deck; and
(2) Safely disembarked after a drill in the case of a survival
craft not intended to be moved to the stowed position with a full
complement of persons on board.
(g) Each davit-launched liferaft launching arrangement must have a
means to hold the liferaft in the embarkation position that--
(1) Will hold the liferaft securely in high winds;
(2) Can be rapidly engaged in the proper position for boarding; and
(3) Can be rapidly released for launching by one person from within
the loaded liferaft.
(h) Each launching station or each two adjacent launching stations
must have an embarkation ladder as follows:
(1) Each embarkation ladder must be approved under approval series
160.117 or be a rope ladder approved under approval series 160.017, and
must be installed in a way that--
(i) Each embarkation ladder must extend in a single length, from
the deck to the waterline in the lightest seagoing condition with the
unit listed not less than up to 15 degrees either way; or
(ii) Each embarkation ladder may be replaced by a device approved
to provide safe and rapid access to survival craft in the water, if the
OCMI permits the device, provided that there is at least one
embarkation ladder on each side of the unit.
(2) An embarkation ladder is not required if--
(i) The distance from the embarkation deck to the unit's lightest
operating waterline is less than 3 meters (10 feet); and
(ii) The unit is not in international service.
(3) If the embarkation ladders can not be supported against a
vertical flat surface, the unit must instead be provided with at least
two widely separated fixed metal ladders or stairways extending from
the deck to the surface of the water and meet the following:
(i) Each inclined fixed ladder must meet the requirements under
Sec. 108.159.
(ii) Each vertical fixed ladder must meet the requirements under
Sec. 108.160 for fixed ladders, except that the vertical bars in cages
must be open at least 500 millimeters (20 inches) on one side
throughout the length of the ladder.
(iii) If a fixed ladder can not be installed, the OCMI may approve
an alternate means of escape with sufficient capacity to permit all
persons permitted on board to safely descend to the waterline.
(4) Alternate means of escape under paragraphs (h)(1)(ii) and
(h)(3) of this section, such as portable slides, safety booms, moveable
ladders, elevators, and controlled descent devices must be approved. An
alternate means of escape must have sufficient capacity to permit all
persons permitted on board to safely descend to the waterline within 10
minutes from the time the signal to start is given.
Sec. 108.545 Marine evacuation system launching arrangements.
(a) Arrangements. Each marine evacuation system must have the
following arrangements:
(1) Each marine evacuation system must be capable of being deployed
by one person.
(2) Each marine evacuation system must enable the total number of
persons
[[Page 25294]]
for which it is designed, to be transferred from the unit into the
inflated liferafts within a period of 10 minutes from the time the
signal to abandon the unit is given.
(3) Each marine evacuation system must be arranged so that
liferafts may be securely attached to the platform and released from
the platform by a person either in the liferaft or on the platform.
(4) Each marine evacuation system must be capable of being deployed
from the unit under unfavorable conditions of list of up to 20 degrees.
(5) If the marine evacuation system has an inclined slide, the
angle of the slide from horizontal must be within a range of 30 to 35
degrees when the unit is upright and in the lightest seagoing
condition.
(6) Each marine evacuation system platform must be capable of being
restrained by a bowsing line or other positioning system that is
designed to deploy automatically, and if necessary, be capable of being
adjusted to the position required for evacuation.
(b) Stowage. Each marine evacuation system must be stowed as
follows:
(1) There must not be any openings between the marine evacuation
system's embarkation station and the unit's side at the unit's
waterline in the lightest seagoing condition.
(2) The marine evacuation system must be protected from any
projections of the unit's structure or equipment.
(3) The marine evacuation system's passage and platform, when
deployed, its stowage container, and its operational arrangement must
not interfere with the operation of any other lifesaving appliance at
any other launching station.
(4) Where appropriate, the marine evacuation system's stowage area
must be protected from damage by heavy seas.
(c) Stowage of associated liferafts. Inflatable liferafts used in
conjunction with the marine evacuation system must be stowed as
follows:
(1) Each inflatable liferaft used in conjunction with the marine
evacuation system must be close to the system container, but capable of
dropping clear of the deployed chute and boarding platform.
(2) Each inflatable liferaft used in conjunction with the marine
evacuation system must be capable of individual release from its
stowage rack.
(3) Each inflatable liferaft used in conjunction with the marine
evacuation system must be stowed in accordance with Sec. 108.530.
(4) Each inflatable liferaft used in conjunction with the marine
evacuation system must be provided with pre-connected or easily
connected retrieving lines to the platform.
Sec. 108.550 Survival craft launching and recovery arrangements:
general.
(a) Each launching appliance for a lifeboat must be a davit
approved under approval series 160.132, with a winch approved under
approval series 160.115. Each launching appliance for a davit-launched
liferaft must be approved under approval series 160.163, with an
automatic disengaging apparatus approved under approval series 160.170.
(b) All lifeboats required for abandonment by the total number of
persons permitted on board must be capable of being launched with their
full complement of persons and equipment within 10 minutes from the
time the signal to abandon the unit is given.
(c) Each survival craft must be arranged to clear each leg, column,
footing, brace, mat, and each similar structure below the hull of a
self-elevating unit and clear the upper hull, the columns, and the
pontoons of a column stabilized unit, with the unit in an intact
condition.
(1) The survival craft must be arranged to be launched down the
straight side of the unit or be mounted on a structure intended to
provide clearance from lower structures of the unit.
(2) The OCMI may allow a reduction in the total number of survival
craft meeting this requirement when the unit is in the transit mode and
the number of personnel on board is reduced. In such cases, sufficient
survival craft must be available for use by the total number of
personnel remaining on board.
(d) Each lifeboat of aluminum construction in the hull or canopy,
and each aluminum launching appliance must be protected in its stowage
position by a water spray system meeting the requirements of part 34,
subpart 34.25 of this chapter.
(e) With the exception of the secondary means of launching for
free-fall lifeboats, each launching appliance together with all its
lowering and recovery gear must be arranged in a way that the fully
equipped survival craft it serves can be safely lowered when loaded
with its full complement of persons, and also without persons,
against--
(1) A list of up to 20 degrees on the high side; and
(2) A list of up to 20 degrees or the degree of list where the
survival craft becomes waterborne, whichever, is the greater, on the
low side.
(f) When the unit is under any unfavorable condition such as
maximum airgap, lightest transit or operational condition, or any
damaged condition under part 174, subpart C of this chapter,--
(1) Notwithstanding the requirements under Sec. 108.550(e),
survival craft launching appliances and marine evacuation systems must
be capable of operation;
(2) Falls, where used, must be long enough for survival craft to
reach the water; and
(3) Lifeboats with an aggregate capacity that will accommodate the
total number of persons permitted on board must be capable of being
launched safely, and clear of any obstruction. The location and
orientation of each lifeboat must be such that the lifeboat is either
headed away from the unit upon launching, or can be turned to a heading
away from the unit immediately upon launching.
(g) A launching appliance must not depend on any means other than
gravity or stored mechanical power independent of the unit's power
supplies to launch the survival craft it serves, in the fully loaded
and equipped conditions, and also in the light condition.
(h) Each launching appliance's structural attachment to the vessel
must be designed, based on the ultimate strength of the construction
material, to be at least 4.5 times the load imparted on the attachment
by the launching appliance and its fully loaded survival craft under
the most adverse combination of list and trim under paragraph (b) of
this section.
(i) Each launching appliance must be arranged so that--
(1) All parts requiring regular maintenance by the crew are readily
accessible and easily maintained;
(2) The launching appliance remains effective under conditions of
icing;
(3) The same type of release mechanism is used for each similar
survival craft carried on board the unit; and
(4) The preparation and handling of survival craft at any one
launching station does not interfere with the prompt preparation and
handling of any other survival craft at any other station.
(j) Each launching mechanism must be arranged so it may be actuated
by one person from a position on the unit's deck, and also from a
position within the survival craft. Each launching and recovery
arrangement must allow the operator on the deck to observe the survival
craft at all times during launching.
[[Page 25295]]
(k) Means must be provided outside the machinery space to prevent
any discharge of water onto survival craft during abandonment.
Sec. 108.553 Survival craft launching and recovery arrangements using
falls and a winch.
Survival craft launching and recovery arrangements, in addition to
meeting the requirements in Sec. 108.550, must meet the following
requirements:
(a) Each fall wire must be of rotation-resistant and corrosion-
resistant steel wire rope.
(b) The breaking strength of each fall wire and each attachment
used on the fall must be at least six times the load imparted on the
fall by the fully-loaded survival craft.
(c) Each fall must be long enough for the survival craft to reach
the water with the unit in its lightest seagoing condition, under
unfavorable conditions of trim and with the unit listed not less than
20 degrees either way.
(d) Each unguarded fall must not pass near any operating position
of the winch, such as hand cranks, payout wheels, and brake levers.
(e) Each winch drum must be arranged so the fall wire winds onto
the drum in a level wrap, and a multiple drum winch must be arranged so
that the falls wind off at the same rate when lowering, and onto the
drums at the same rate when hoisting.
(f) Each fall, where exposed to damage or fouling, must have guards
or equivalent protection. Each fall that leads along a deck must be
covered with a guard that is not more than 300 millimeters (1 foot)
above the deck.
(g) The lowering speed for a fully loaded survival craft must be
not less than that obtained from the following formula:
(1) S=0.4+(0.02 H), where S is the speed of lowering in meters per
second, and H is the height in meters from the davit head to the
waterline at the lightest seagoing condition, with H not greater than
30, regardless of the lowering height.
(2) S=79+(1.2 H), where S is the speed of lowering in feet per
minute, and H is the height in feet, with H not greater than 99.
(h) The lowering speed for a survival craft loaded with all of its
equipment must be not less than 70 percent of the speed required under
paragraph (g) of this section.
(i) The lowering speed for a fully loaded survival craft must be
not more than 1.3 meters per second (256 feet per minute).
(j) If a survival craft is recovered by electric power, the
electrical installation, including the electric power-operated boat
winch, must meet the requirements in subchapter J of this chapter. If a
survival craft is recovered by any means of power, including a portable
power source, safety devices must be provided which automatically cut
off the power before the davit arms or falls reach the stops in order
to avoid overstressing the falls or davits, unless the motor is
designed to prevent such overstressing.
(k) Each launching appliance must be fitted with brakes that meet
the following requirements:
(1) The brakes must be capable of stopping the descent of the
survival craft or rescue boat and holding it securely when loaded with
it full complement of persons and equipment.
(2) The brake pads must, where necessary, be protected from water
and oil.
(3) Manual brakes must be arranged so that the brake is always
applied unless the operator, or a mechanism activated by the operator,
holds the brake control in the off position.
Sec. 108.555 Lifeboat launching and recovery arrangements.
Liftboat launching and recovery arrangements, in addition to
meeting the requirements in Secs. 108.550 and 108.553, must meet the
following requirements:
(a) Each lifeboat must be capable of being launched with the unit
making headway of 5 knots in calm water, or with the unit anchored or
bearing on the bottom in a current of up to 5 knots. A painter may be
used to meet this requirement.
(b) Each lifeboat must be provided with a launching appliance. The
launching appliance must be capable of launching and recovering the
lifeboat with its crew.
(c) Each launching appliance arrangement must allow the operator on
the unit to observe the lifeboat at all times during recovery.
(d) Each launching appliance arrangement must be designed to ensure
persons can safely disembark from the survival craft prior its stowage.
Sec. 108.557 Free-fall lifeboat launching and recovery arrangements.
(a) The launching appliance for a free-fall lifeboat must be
designed and installed so that the launching appliance and the lifeboat
it serves operate as a system to protect the occupants from harmful
acceleration forces and to effectively clear the unit.
(b) The launching appliance must be designed and arranged so that
in its ready to launch position, the distance from the lowest point on
the lifeboat it serves to the water surface with the unit in its
lightest seagoing condition does not exceed the lifeboat's certificated
free-fall height.
(c) The launching appliance must be arranged so as to preclude
accidental release of the lifeboat in its unattended stowed position.
If the means provided to secure the lifeboat cannot be released from
inside the lifeboat, the means to secure the lifeboat must be arranged
as to preclude boarding the lifeboat without first releasing it.
(d) Each free-fall launching arrangement must be provided with a
secondary means to launch the lifeboat by falls. Such means must comply
with the requirements of Secs. 108.550, 108.553, and 108.555.
Notwithstanding Sec. 108.550(e), the launching appliance must be
capable of launching the lifeboat against unfavorable conditions of
list of 5 degrees in any direction and it need not comply with the
speed requirements of Secs. 108.553 (g), (h), and (i).
If the secondary launching appliance is not dependent on gravity,
stored mechanical power or other manual means, the launching
arrangement must be connected both to the unit's main and emergency
power supplies.
Sec. 108.560 Rescue boats.
Each unit must carry at least one rescue boat. Each rescue boat
must be approved under approval series 160.156. A lifeboat is accepted
as a rescue boat if it also meets the requirements for a rescue boat.
Sec. 108.565 Stowage of rescue boats.
(a) Rescue boats must be stowed as follows:
(1) Each rescue boat must be ready for launching in not more than 5
minutes.
(2) Each rescue boat must be in a position suitable for launching
and recovery.
(3) Each rescue boat must be in a way that neither the rescue boat
nor its stowage arrangements will interfere with the operation of any
survival craft at any other launching station.
(4) Each rescue boat that is also a lifeboat, must be in compliance
with Sec. 108.530.
(b) Each rescue boat must be provided a means for recharging the
rescue boat batteries from the unit's power supply at a supply voltage
not exceeding 50 volts.
(c) Each inflated rescue boat must be kept fully inflated at all
times.
Sec. 108.570 Rescue boat embarkation, launching and recovery
arrangements.
(a) Each rescue boat must be capable of being launched with the
unit making headway of 5 knots in calm water, or
[[Page 25296]]
with the unit anchored or bearing on the bottom in a current of up to 5
knots. A painter may be used to meet this requirement.
(b) Each rescue boat embarkation and launching arrangement must
permit the rescue boat to be boarded and launched in the shortest
possible time.
(c) If the rescue boat is one of the unit's survival craft, the
rescue boat must also be as follows:
(1) The rescue boat must meet the embarkation arrangement and
launching station requirements of Sec. 108.510.
(2) The rescue boat must meet the launching arrangement
requirements of Secs. 108.550 and 108.557, and if the launching
arrangement uses falls and a winch, Sec. 108.553.
(3) If the launching arrangement uses a single fall, the rescue
boat must have an automatic disengaging apparatus approved under
approval series 160.170, instead of a lifeboat release mechanism.
(d) Rapid recovery of the rescue boat must be possible when loaded
with its full complement of persons and equipment. If the rescue boat
is also a lifeboat, rapid recovery must be possible when loaded with
its lifeboat equipment and an approved rescue boat complement of at
least six persons.
(e) Each rescue boat launching appliance must be fitted with a
powered winch motor.
(f) Each rescue boat launching appliance must be capable of
hoisting the rescue boat when loaded with its full rescue boat
complement of persons and equipment at a rate of not less than 0.3
meters per second (59 feet per minute).
Sec. 108.575 Survival craft and rescue boat equipment.
(a) All lifeboat and rescue boat equipment must be as follows:
(1) The equipment must be secured within the boat by lashings,
storage in lockers, or compartments, storage in brackets or similar
mounting arrangements or other suitable means.
(2) The equipment must be secured in such a manner as not to
interfere with any abandonment procedures or reduce seating capacity.
(3) The equipment must be as small and of as little mass as
possible.
(4) The equipment must be packed in a suitable and compact form.
(5) The equipment should be stowed so the items do not--
(i) Reduce the seating capacity;
(ii) Adversely affect the seaworthiness of the survival craft or
rescue boat; or
(iii) Overload the launching appliance.
(b) Each lifeboat, rigid liferaft, and rescue boat, unless
otherwise stated in this paragraph, must carry the equipment specified
for it in table Sec. 108.575(b) of this section. A lifeboat that is
also a rescue boat must carry the equipment in the table column marked
for a lifeboat. Each item in the table has the same description as in
Sec. 199.175 of this chapter.
Table 108.575(b).--Survival Craft Equipment
----------------------------------------------------------------------------------------------------------------
International service Other than international
--------------------------------- service
Item Item --------------------------------
No. Lifeboat Rigid Rescue Rigid Rescue
liferaft boat Lifeboat liferaft boat
----------------------------------------------------------------------------------------------------------------
1..... Bailer \1\............................ 1 1 1 1 1 1
2..... Bilge pump \2\........................ 1 ......... ......... 1 ......... .........
3..... Boathook.............................. 2 ......... 1 2 ......... 1
4..... Bucket \3\............................ 2 ......... 1 2 ......... 1
5..... Can opener............................ 3 3 ......... ......... ......... .........
6..... Compass............................... 1 ......... 1 1 ......... 1
7..... Dipper................................ 1 ......... ......... 1 ......... .........
8..... Drinking cup.......................... 1 1 ......... ......... ......... .........
9..... Fire extinguisher..................... 1 ......... 1 1 ......... 1
10.... First-aid kit......................... 1 1 1 1 1 1
11.... Fishing kit........................... 1 1 ......... ......... ......... .........
12.... Flashlight............................ 1 1 1 1 1 1
13.... Hatchet............................... 2 ......... ......... 2 ......... .........
14.... Heaving line.......................... 2 1 2 2 1 2
15.... Instruction card...................... ......... 1 ......... ......... 1 .........
16.... Jackknife............................. 1 ......... ......... 1 ......... .........
17.... Knife \1\ \4\......................... ......... 1 1 ......... 1 1
18.... Ladder................................ 1 ......... 1 1 ......... 1
19.... Mirror, signaling..................... 1 1 ......... 1 1 .........
20.... Oars (units) \5\ \6\.................. 1 ......... 1 1 ......... 1
Paddles............................... ......... 2 ......... ......... 2 .........
21.... Painter............................... 2 1 1 2 1 1
22.... Provisions (units per person)......... 1 1 ......... ......... ......... .........
23.... Pump \7\.............................. ......... ......... 1 ......... ......... .........
24.... Radar reflector....................... 1 1 1 ......... ......... .........
25.... Rainwater collection device........... 1 ......... ......... ......... ......... .........
26.... Repair kit \7\........................ ......... ......... 1 ......... ......... 1
27.... Sea anchor............................ 1 2 1 1 2 1
28.... Searchlight........................... 1 ......... 1 1 ......... 1
29.... Seasickness kit (kits/person)......... 1 1 ......... 1 1 .........
30.... Signal, smoke......................... 2 2 ......... 2 1 .........
31.... Signal, hand flare.................... 6 6 ......... 6 6 .........
32.... Signal, parachute flare............... 4 4 ......... 4 4 .........
33.... Skates and fenders \8\................ 1 ......... ......... 1 ......... .........
34.... Sponge \7\............................ ......... 2 2 ......... 2 2
35.... Survival instructions................. 1 1 ......... 1 1 .........
36.... Table of lifesaving signals........... 1 1 ......... 1 1 .........
37.... Thermal protective aid (percent of
persons) \9\......................... 10% 10% 10% 10% 10% 10%
38.... Took kit.............................. 1 ......... ......... 1 ......... .........
[[Page 25297]]
39.... Towline \10\.......................... 1 ......... 1 1 ......... 1
40.... Water (liters per person)............. 3 1.5 ......... 3 1 .........
41.... Whistle............................... 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Each liferaft approved for 13 persons or more must carry two of these items.
\2\ Bilge pumps are not required for boats of self-bailing design.
\3\ Not required for inflated or rigid/inflated rescue boats.
\4\ A hatchet counts toward this requirement in rigid rescue boats.
\5\ Oars not required on a free-fall lifeboat; a unit of oars means the number of oars specified by the
manufacturer.
\6\ Rescue boats may substitute buoyant oars for paddles, as specified by the manufacturer.
\7\ Not required for a rigid rescue boat.
\8\ Required if specified by the boat manufacturer.
\9\ Sufficient thermal protective aids are required for at least 10% of the persons the survival craft is
equipped to carry, but not less than two.
\10\ Required only if the lifeboat is also the rescue boat.
Sec. 108.580 Personal lifesaving appliances.
(a) Lifebuoys. Each unit must carry at least eight lifebuoys
approved under approval series 160.150 as follows:
(1) Stowage. Lifebuoys must be stowed as follows:
(i) Each lifebuoy must be capable of being rapidly cast loose.
(ii) Each lifebuoy must not be permanently secured to the unit in
anyway.
(iii) Lifebuoys must be so distributed as to be readily available
on each side of the unit and, as far as practicable, on each open deck
extending to the side of the unit. The lifebuoys with attached self-
igniting lights must be evenly distributed on all sides of the unit.
(iv) At least two lifebuoys, each with attached self-activating
smoke signals, must be stowed where they can be quickly released from
the navigating bridge or main control station, or a location readily
available to personnel on board. These lifebuoys should, when released,
fall directly into the water without striking any part of the unit.
(2) Attachments and fittings. Lifebuoys must have the following
attachments and fittings:
(i) At least one lifebuoy on each side of the unit fitted with a
buoyant lifeline that is--
(A) At least as long as twice the height where it is stowed above
the waterline in the lightest seagoing condition, or 30 meters (100
feet), whichever is the greater;
(B) Non-kinking;
(C) Not less than 8 millimeters (\5/16\ inch) in diameter;
(D) Of a breaking strength which is not less than 5 kiloNewtons
(1,124 pounds-force); and
(E) Is, if synthetic, a dark color or certified by the manufacturer
to be resistant to deterioration from ultraviolet light.
(ii) At least one-half the total number of lifebuoys on the unit
must each be fitted with a self-igniting light approved under approval
series 161.010. A self-igniting light must not be attached to the
lifebuoys required by this section to be fitted with lifelines.
(iii) At least two lifebuoys on the unit each must be fitted with a
self-activating smoke signal approved under approval series 160.157.
Lifebuoys fitted with smoke signals must also be fitted with lights.
(b) Lifejackets. Each unit must carry lifejackets approved under
approval series 160.155, 160.176, or 160.177. If the unit carries
inflatable lifejackets, they must be of the same or similar design and
have the same method of operation.
(1) General. Each unit must carry a lifejacket for each person on
board and in addition, a sufficient number of lifejackets must be
carried for persons at each work station and industrial work site.
(2) Stowage. Lifejackets must be stowed as follows:
(i) The lifejackets must be readily accessible.
(ii) The additional lifejackets required by paragraph (b)(1) of
this section must be stowed in places readily accessible to the work
stations and industrial work sites.
(iii) Where, due to the particular arrangements of the unit, the
lifejackets under paragraph (b)(1) of this section could become
inaccessible, the OCMI may require an increase in the number of
lifejackets to be carried, or suitable alternative arrangements.
(3) Attachments and fittings. Lifejackets must have the following
attachments and fittings:
(i) Each lifejacket must have a lifejacket light approved under
approval series 161.112 securely attached to the front shoulder area of
the lifejacket. On a unit not in international service, a light
approved under approval series 161.012 may be used. However,
chemiluminescent-type lifejacket lights are not permitted on units
certificated to operate on waters where water temperature may drop
below 10 deg.C (50 deg.F).
(ii) Each lifejacket must have a whistle firmly secured by a cord
to the lifejacket.
(c) Immersion suits or anti-exposure suits. Each unit must carry
immersion suits approved under approval series 160.171 or anti-exposure
suits approved under approval series 160.153.
(1) General. Each unit, except units operating between 32 degrees
north latitude and 32 degrees south latitude, must carry--
(i) Immersion suits or anti-exposure suits of suitable size for
each person assigned to the rescue boat crew;
(ii) Immersion suits approved under approval series 160.171 of the
appropriate size for each person on board, which count toward meeting
the requirements of paragraph (c)(1)(i) of this section; and
(iii) In addition to the immersion suits required under paragraph
(c)(1)(ii) of this section, each watch station, work station, and
industrial work site must have enough immersion suits to equal the
number of persons normally on watch in, or assigned to, the station or
site at one time. However, an immersion suit is not required at a
station or site for a person whose cabin or berthing area (and the
immersion suits stowed in that location) is readily accessible to the
station or site.
(2) Attachments and fittings. Immersion suits or anti-exposure
suits must have the following attachments and fittings:
(i) Each immersion suit or anti-exposure suit must have a
lifejacket light approved under approval series
[[Page 25298]]
161.112 securely attached to the front shoulder area of the immersion
suit or anti-exposure suit. On a unit not in international service, a
light approved under approval series 161.012 may be used. However,
chemiluminescent type lifejacket lights are not permitted on units
certificated to operate on waters where water temperature may drop
below 10 deg.C (50 deg.F).
(ii) Each immersion suit or anti-exposure suit must have a whistle
firmly secured by a cord to the immersion suit or anti-exposure suit.
Sec. 108.595 Communications.
(a) Radio lifesaving appliances. Radio lifesaving appliance
installations and arrangements must meet the requirements of 47 CFR
part 80.
(b) Distress flares. Each unit must--
(1) Carry not less than 12 rocket parachute flares approved under
approval series 160.136; and
(2) Stow the flares in a portable watertight container carried on
the navigating bridge, or if the unit does not have a bridge, in the
control room.
Sec. 108.597 Line-throwing appliance.
(a) General. Each unit in international service must have a line-
throwing appliance that is approved under approval series 160.040. Each
unit not in international service must carry a line-throwing appliance
approved under either approval series 160.040 or 160.031.
(b) Stowage. The line-throwing appliance and its equipment must be
readily accessible for use.
(c) Additional equipment. Each unit must carry the following
equipment for the line-throwing appliance:
(1) The equipment on the list provided by the manufacturer with the
approved appliance; and
(2) An auxiliary line that--
(i) Has a breaking strength of at least 40 kiloNewtons (9,000
pounds-force);
(ii) Is, if synthetic, a dark color or certified by the
manufacturer to be resistant to deterioration from ultraviolet light;
and
(iii) Is--
(A) At least 450 meters (1,500 feet) long, if the line-throwing
appliance is approved under approval series 160.040; or
(B) At least 150 meters (500 feet) long, if the line-throwing
appliance is approved under approval series 160.031.
78. Section 108.645 is revised to read as follows:
Sec. 108.645 Markings on lifesaving appliances.
(a) Lifeboats and rescue boats. Each lifeboat and rescue boat must
be plainly marked as follows:
(1) Each side of each lifeboat and rescue boat bow must be marked
in block capital letters and numbers with--
(i) The name of the unit; and
(ii) The name of the port required to be marked on the stern of the
unit to meet the requirements of part 67, subpart 67.13 of this
chapter.
(2) The length and beam of the boat and the number of persons the
boat is equipped for, not exceeding the number shown on its nameplate,
must be clearly marked in permanent characters.
(3) The number of the boat and the unit's name, must be plainly
marked or painted so that the markings are visible from above the boat.
(4) Type II retro-reflective material approved under approval
series 164.018 must be placed on the boat and meet the arrangement
requirements in IMO Resolution A.658(16).
(b) Rigid liferafts. Each rigid liferaft must be marked as follows:
(1) The name of the unit must be marked on each rigid liferaft.
(2) The name of the port required to be marked on the stern of the
unit to meet the requirements of part 67, subpart 67.13 of this
chapter.
(3) The length of the painter must be marked on each rigid
liferaft.
(4) At each entrance of each rigid liferaft, the number of persons
the rigid liferaft is equipped for, not exceeding the number shown on
its nameplate, must be marked in letters and numbers at least 100
millimeters (4 inches) high, in a color contrasting to that of the
liferaft.
79. Section 108.646 is added to read as follows:
Sec. 108.646 Marking of stowage locations.
(a) Containers, brackets, racks, and other similar stowage
locations for lifesaving equipment, must be marked with symbols in
accordance with IMO Resolution A.760(18), indicating the devices stowed
in that location for that purpose.
(b) If more than one device is stowed in that location, the number
of devices must also be indicated.
(c) Survival craft should be numbered consecutively, starting from
the unit's bow and designating survival craft on the starboard side
with odd numerals, and survival craft on the port side with even
numerals.
80. Section 108.647 is revised to read as follows:
Sec. 108.647 Inflatable liferafts.
The number of the liferaft and the number of persons it is
permitted to accommodate must be marked or painted in a conspicuous
place in the immediate vicinity of each inflatable liferaft in block
capital letters and numbers. The word ``liferaft'' or the appropriate
symbol from IMO Resolution A.760(18) shall be used to identify the
stowage location. Liferafts stowed on the sides of the unit should be
numbered in the same manner as the lifeboats. This marking must not be
on the inflatable liferaft container.
81. Section 108.649 is revised to read as follows:
Sec. 108.649 Lifejackets, immersion suits, and lifebuoys.
(a) Each lifejacket must be marked--
(1) In block capital letters with the name of the unit; and
(2) With type I retro-reflective material approved under approval
series 164.018. The arrangement of the retro-reflective material must
meet IMO Resolution A.658(16).
(b) The lifejacket stowage positions must be marked with either the
word ``LIFEJACKET'' or with the appropriate symbol from IMO Resolution
A.760(18).
(c) Each immersion suit or anti-exposure suit must be marked in
block capital letters with the name of the unit.
(d) Immersion suits or anti-exposure suits must be stowed so they
are readily accessible, and the stowage positions must be marked with
either the words ``IMMERSION SUITS'' or ``ANTI-EXPOSURE SUITS'', or
with the appropriate symbol from IMO Resolution A.760(18).
(e) Each lifebuoy must be marked--
(1) In block capital letters with the unit's name and with the name
of the port required to be marked on the unit under part 67, subpart
67.13 of this chapter; and
(2) With type II retro-reflective material approved under part 164,
subpart 164.018 of this chapter. The arrangement of the retro-
reflective material must meet IMO Resolution A.658(16).
(f) Each lifebuoy stowage position must be marked with either the
words ``LIFEBUOY'' or ``LIFE BUOY'', or with the appropriate symbol
from IMO Resolution A.760(18).
(g) Each lifejacket, immersion suit, and anti-exposure suit
container must be marked in block capital letters and numbers with the
quantity, identity, and size of the equipment stowed inside the
container. The equipment may be identified in words, or with the
appropriate symbol from IMO Resolution A.760(18).
[[Page 25299]]
82. Section 108.650 is added to read as follows:
Sec. 108.650 EPIRBs and SARTs.
Emergency position indicating radiobeacons and search and rescue
transponders. Each EPIRB and SART should have the name of the unit
plainly marked or painted on its label, except for EPIRBs or SARTs in
an inflatable liferaft or permanently installed in a survival craft.
83. Section 108.655 is revised to read as follows:
Sec. 108.655 Operating instructions.
Each unit must have posters or signs displayed in the vicinity of
each survival craft and the survival craft's launching controls that--
(a) Illustrate the purpose of controls;
(b) Illustrate the procedures for operating the launching device;
(c) Give relevant instructions or warnings;
(d) Can be easily seen under emergency lighting conditions; and
(e) Display symbols in accordance with IMO Resolution A.760(18).
84. Subpart J is added to read as follows:
Subpart J--Muster list
Sec.
108.901 Muster list and emergency instructions.
Subpart J--Muster list
Sec. 108.901 Muster list and emergency instructions.
(a) General. Copies of clear instructions must be provided on the
unit, detailing the actions that each person on board should follow in
the event of an emergency.
(b) Muster list. Copies of the muster list must be posted in
conspicuous places throughout the unit including on the navigating
bridge, in the control room, and in crew accommodation spaces. The
muster list must be posted at all times while the unit is in service,
After the muster list has been prepared, if any change takes place that
necessitates an alteration in the muster list, the person in charge
must either revise the muster list or prepare a new one. Muster lists
must provide the following information:
(1) Each muster list must specify instructions for operating the
general emergency alarm system.
(2) Each muster list must specify the emergency signals.
(3) Each muster list must specify the actions to be taken by the
crew and industrial personnel when each signal is sounded.
(4) Each muster list must specify how the order to abandon the unit
will be given.
(5) Each muster list must specify the persons that are assigned to
make sure that lifesaving and firefighting appliances are maintained in
good condition and ready for immediate use.
(6) Each muster list must specify the duties assigned to the
different members of the crew, that include--
(i) Closing the watertight doors, fire doors, valves, scuppers,
sidescuttles, skylights, portholes, and other similar openings in the
unit's hull;
(ii) Equipping the survival craft and other lifesaving appliances;
(iii) Preparing and launching the survival craft;
(iv) Preparing other lifesaving appliances;
(v) Mustering the visitors and other persons in addition to the
crew and industrial personnel;
(vi) Using communication equipment;
(vii) Manning the emergency squad assigned to deal with fires and
other emergencies;
(viii) Special duties assigned with respect to the use of
firefighting equipment and installations;
(ix) Cover the duties of the crew in case of collisions or other
serious casualties; and
(x) Cover the duties of the crew in case of severe storms.
(7) Each muster list must specify the duties assigned to members of
the crew in relation to visitors and other persons on board in case of
an emergency, that include--
(i) Warning visitors and other persons on board;
(ii) Seeing that visitors and other persons on board are suitably
dressed and have donned their lifejackets or immersion suits correctly;
(iii) Assembling visitors and other persons on board at muster
stations; and
(iv) Keeping order in the passageways and on the stairways and
generally controlling the movements of the visitors and other persons
on board;
(8) Each muster list must specify substitutes for key persons if
they are disabled, taking into account that different emergencies
require different actions.
(c) Emergency instructions. Illustrations and instructions in
English and any other appropriate language, as determined by the OCMI,
must be posted in each cabin used for persons who are not members of
the crew or industrial personnel, and be conspicuously displayed at
each muster station and in other accommodation spaces to inform
industrial personnel of--
(1) The fire and emergency signal;
(2) Their muster station;
(3) The essential actions they must take in an emergency;
(4) The location of lifejackets, including child-size lifejackets;
(5) The method of donning lifejackets;
(6) If immersion suits are provided, the location of the immersion
suits; and
(7) Fully illustrated instructions on the method of donning
immersion suits.
PART 109--OPERATIONS
85. The authority citation for part 109 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 5115, 6101, 10104; 49
CFR 1.46.
Secs. 109.207, 109.208 [Removed]
86. Sections 109.207 and 109.208 are removed.
87. Section 109.213 is revised to read as follows:
Sec. 109.213 Emergency training and drills.
(a) Training materials. Abandonment training material must be on
board each unit. The training material must consist either of a manual
of one or more volumes, written in easily understood terms and
illustrated wherever possible, or audiovisual training aids, or both as
follows:
(1) If a training manual is used, a copy must be made available to
each person on board the unit. If audiovisual training aids are used,
they must be incorporated into the onboard training sessions described
under paragraph (g) of this section.
(2) The training material must explain, in detail--
(i) The procedure for donning lifejackets, immersion suits, and
anti-exposure suits carried on board;
(ii) The procedure for mustering at the assigned stations;
(iii) The procedure for boarding, launching, and clearing the
survival craft and rescue boats;
(iv) The method of launching from within the survival craft;
(v) The procedure for releasing from launching appliances;
(vi) The method and use of devices for protection in launching
areas, where appropriate;
(vii) Illumination in launching area;
(viii) The use of all survival equipment;
(ix) The use of all detection equipment;
(x) With illustrations, the use of radio lifesaving appliances;
(xi) The use of sea anchors;
(xii) The use of engine and accessories;
(xiii) The recovery of survival craft and rescue boats, including
stowage and securing;
[[Page 25300]]
(xiv) The hazards of exposure and the need for warm clothing;
(xv) The best use of the survival craft for survival;
(xvi) The methods of retrieval, including the use of helicopter
rescue gear (slings, baskets, stretchers), and unit's line throwing
apparatus;
(xvii) The other functions contained in the muster list and
emergency instructions; and
(xviii) The instructions for emergency repair of the lifesaving
appliances.
(b) Familiarity with emergency procedures. Every crew member with
assigned emergency duties on the muster list, must be familiar with
their assigned duties before working on the unit.
(c) Drills--general. (1) Drills must, as far as practicable, be
conducted as if there were an actual emergency.
(2) Every crew member must participate in at least one abandonment
drill and one fire drill every month. A drill must take place within 24
hours of a change in crew or industrial personnel if more than 25
percent of the persons on board have not participated in an abandonment
drill on board the unit in the previous month.
(3) Drills must be held before the unit enters service for the
first time after modification of a major character, or when a new crew
is engaged.
(d) Abandonment drills. (1) Abandonment drills must include the
following:
(i) Each drill must include summoning of industrial personnel and
crew to muster stations with the general alarm, followed by drill
announcements on the public address or other communication system, and
ensuring that all on board are made aware of the order to abandon ship.
(ii) Each drill must include reporting to stations and preparing
for the duties described in the muster list.
(iii) Each drill must include checking that industrial personnel
and crew are suitably dressed.
(iv) Each drill must include checking that lifejackets or immersion
suits are correctly donned.
(v) Each drill must include lowering of at least one lifeboat after
any necessary preparation for launching.
(vi) Each drill must include starting and operating the lifeboat
engine.
(vii) Each drill must include operating davits used for launching
the liferafts.
(2) Different lifeboats must, as far as practicable, be lowered in
compliance with the requirements of paragraph (d)(1)(v) of this section
at successive drills.
(3) Each lifeboat must be launched with its assigned operating crew
aboard, and maneuvered in the water at least once every 3 months,
during an abandonment drill.
(4) As far as is reasonable and practicable, rescue boats other
than lifeboats which are also rescue boats, must be launched each month
with their assigned crew aboard and maneuvered in the water. In all
cases this requirement must be complied with at least once every 3
months.
(5) If a unit is fitted with marine evacuation systems, drills must
include an exercising of the procedures required for the deployment of
such a system up to the point immediately preceding actual deployment
of the system. This aspect of drills should be augmented by regular
instruction using the on board training aids. Additionally, every crew
member assigned to duties involving the marine evacuation system must,
as far as practicable, be further trained by participation in a full
deployment of a similar system into water, either on board a unit or
ashore, at intervals of not longer than 2 years, but in no case longer
than 3 years.
(6) Emergency lighting for mustering and abandonment must be tested
at each abandonment drill.
(7) On a unit carrying immersion suits or anti-exposure suits,
immersion suits or anti-exposure suits must be worn by crew members and
industrial personnel in at least one abandonment drill per month. If
wearing the suit is impracticable due to warm weather, the crew members
must be instructed on its donning and use.
(e) Line-throwing appliance. A drill must be conducted on the use
of the line-throwing appliance at least once every 3 months. The actual
firing of the appliance is at the discretion of the person in charge.
(f) Fire drills. (1) Fire drills must, as far as practicable, be
planned in such a way that due consideration is given to regular
practice in the various emergencies that may occur depending on the
type of unit.
(2) Each fire drill must include--
(i) Reporting to stations, and preparing for the duties described
in the muster list for the particular fire emergency being simulated;
(ii) Starting of fire pumps and the use of two jets of water to
determine that the system is in proper working order;
(iii) Checking the fireman's outfits and other personal rescue
equipment;
(iv) Checking the relevant communication equipment;
(v) Checking the operation of watertight doors, fire doors, and
fire dampers and main inlets and outlets of ventilation systems in the
drill area;
(vi) Checking the necessary arrangements for subsequent abandonment
of the unit; and
(vii) Operation of remote controls for stopping ventilation and
fuel supplies to machinery spaces.
(3) The equipment used during drills must immediately be brought
back to its fully operational condition, and any faults and defects
discovered during the drills must be remedied as soon as possible.
(g) Onboard training and instruction. (1) Except as provided in
paragraph (g)(2) of this section, onboard training in the use of the
unit's lifesaving appliances, including survival craft equipment, and
in the use of the unit's fire-extinguishing appliances must be given to
each member of the crew and industrial personnel as soon as possible
but not later than 2 weeks after they join the unit.
(2) If crew or industrial personnel are on a regularly scheduled
rotating assignment to the unit, onboard training in the use of the
unit's lifesaving appliances, including survival craft equipment, and
in the use of the unit's fire-extinguishing appliances must be given
not later than 2 weeks after the time of first joining the unit.
(3) The crew and industrial personnel must be instructed in the use
of the unit's fire-extinguishing appliances, lifesaving appliances, and
in survival at sea at the same interval as the drills. Individual
instruction may cover different parts of the unit's lifesaving and
fire-extinguishing appliances, but all the unit's lifesaving and fire-
extinguishing appliances, must be covered within any period of 2
months.
(4) Crew and industrial personnel must be given instructions which
include, but are not limited to--
(i) The operation and use of the unit's inflatable liferafts;
(ii) The problems of hypothermia, first aid treatment for
hypothermia and other appropriate first aid procedures;
(iii) The special instructions necessary for use of the unit's
lifesaving appliances in severe weather and severe sea conditions; and
(iv) The operation and use of fire-extinguishing appliances.
(5) Onboard training in the use of davit-launched liferafts must
take place at intervals of not more than 4 months on each unit with
davit-launched liferafts. Whenever practicable this must include the
inflation and lowering of a liferaft. If this liferaft is a special
liferaft intended for training purposes only, and is not part of the
unit's lifesaving
[[Page 25301]]
equipment, this liferaft must be conspicuously marked.
(6) Each of the industrial personnel without designated
responsibility for the survival of others on board, must be instructed
in at least--
(i) The emergencies which might occur on that particular type of
unit;
(ii) The consequences of panic;
(iii) The location and actuation of fire alarm controls;
(iv) The location and proper method of use of firefighting
equipment;
(v) Fire precautions;
(vi) The types of all lifesaving appliances carried on the unit and
proper methods of using them, including--
(A) The correct method of donning and wearing a lifejacket, and if
provided an immersion suit;
(B) Jumping into the water from a height while wearing a lifejacket
and, if provided, an immersion suit;
(C) How to board survival craft from the unit and from the water;
(D) Operation and use of the unit's inflatable liferafts;
(E) Special instructions necessary for use of the unit's lifesaving
appliances in severe weather and severe sea conditions;
(F) Swimming while wearing a lifejacket; and
(G) Keeping afloat without a lifejacket.
(vii) Where appropriate, how to survive in the water--
(A) In the presence of fire or oil on the water;
(B) In cold conditions; and
(C) If sharks may be present.
(viii) Problems of hypothermia, first aid treatment for hypothermia
and other appropriate first aid procedures;
(ix) The need to adhere to the principles of survival; and
(x) The basic methods of boarding helicopters.
(7) Each member of the crew and each of the industrial personnel
with designated responsibility for the survival of others on board must
be instructed in at least the items covered in paragraph (g)(6) of this
section, and--
(i) Methods of detection, isolation, control, and extinguishing of
fire;
(ii) Checking and maintaining fire fighting equipment;
(iii) Marshaling of personnel; and
(iv) Abandonment of the unit, including--
(A) Launching survival craft;
(B) Getting survival craft quickly and safely clear of the unit;
and
(C) Righting a capsized survival craft.
(v) Handling all survival craft and their equipment, including--
(A) Checking and maintaining their readiness for immediate use;
(B) Using equipment to the best advantage;
(C) Using the sea anchor;
(D) Remaining, as far as practicable, in the general vicinity of
the unit, well clear of but not downwind of any hydrocarbons or fire;
(E) Recovering and, as far as practicable, caring for other
survivors;
(F) Keeping a lookout;
(G) Operating available means of detection by others, including
radio distress alerting and radio emergency procedures; and
(H) Making proper use of food and drinking water and using
protective measures in survival craft such as those for preventing
exposure to cold, sun, wind, rain, and sea, and for preventing
seasickness.
(vi) Cautioning on the preservation of body fluids and the dangers
of drinking seawater;
(vii) Transferring personnel from survival craft to helicopters or
to work boats;
(viii) Maintaining morale; and
(ix) Methods of helicopter rescue.
(h) Records. (1) When musters are held, details of abandonment
drills, fire drills, other lifesaving appliances, and onboard training
must be recorded in the unit's official logbook. Logbook entries must
include the following:
(i) Logbook entries must identify the date and time of the drill,
muster, or training session.
(ii) Logbook entries must identify the survival craft and fire-
extinguishing equipment used in the drills.
(iii) Logbook entries must identify the inoperative or
malfunctioning equipment and the corrective action taken.
(iv) Logbook entries must identify crew members participating in
drills or training sessions.
(v) Logbook entries must identify the subject of the onboard
training session.
(2) If a full muster, drill, or training session is not held at the
appointed time, an entry must be made in the logbook stating the
circumstances and the extent of the muster, drill, or training session
held.
Secs. 109.215, 109.217, 109.219, 109.221, 109.225 [Removed]
88. Sections 109.215, 109.217, 109.219, 109.221, and 109.225 are
removed.
89. Section 109.301 is revised to read as follows:
Sec. 109.301 Operational readiness, maintenance, and inspection of
lifesaving equipment.
(a) Operational readiness. Except as provided in
Sec. 109.301(b)(3), each lifesaving appliance must be in good working
order and ready for immediate use at all times when the unit is in
operation.
(b) Maintenance. (1) The manufacturer's instructions for onboard
maintenance of lifesaving appliances must be onboard and must include
the following for each appliance--
(i) Checklists for use when carrying out the inspections required
under Sec. 109.301(e);
(ii) Maintenance and repair instructions;
(iii) A schedule of periodic maintenance;
(iv) A diagram of lubrication points with the recommended
lubricants;
(v) A list of replaceable parts;
(vi) A list of sources of spare parts; and
(vii) A log for records of inspections and maintenance.
(2) In lieu of compliance with paragraph (b)(1) of this section,
The OCMI may accept a planned maintenance program that includes the
items listed in that paragraph.
(3) If lifeboats, rescue boats or rigid liferafts are maintained
and repaired while the unit is in operation, there must be a sufficient
number of lifeboats and liferafts remaining available for use to
accommodate all persons on board.
(c) Spare parts and repair equipment. Spare parts and repair
equipment must be provided for each lifesaving appliance and component
subject to excessive wear or consumption and that needs to be replaced
regularly.
(d) Weekly inspections and tests. (1) Each survival craft, rescue
boat, and launching appliance must be visually inspected to ensure its
readiness for use.
(2) Each lifeboat engine and rescue boat engine must be run ahead
and astern for not less than 3 minutes, unless the ambient temperature
is below the minimum temperature required for starting the engine.
During this time, demonstrations should indicate that the gear box and
gear box train are engaging satisfactorily. If the special
characteristics of an outboard motor fitted to a rescue boat would not
allow the outboard motor to be run other than with its propeller
submerged for a period of 3 minutes, the outboard motor should be run
for such period as prescribed in the manufacturer's handbook.
(3) The general alarm system must be tested.
(e) Monthly inspections. (1) Each lifesaving appliance, including
lifeboat equipment, must be inspected monthly using the checklists
required under paragraph (b) of this section to make sure it is
complete and in good working
[[Page 25302]]
order. A report of the inspection, including a statement as to the
condition of the equipment, must be recorded in the unit's official
logbook.
(2) Each EPIRB and each SART other than an EPIRB or SART in an
inflatable liferaft, must be tested monthly. The EPIRB must be tested
using the integrated test circuit and output indicator to determine
that it is operative.
(f) Annual inspections. Annual inspection and repair must include
the following:
(1) Each survival craft, except for inflatable liferafts, must be
stripped, cleaned, and thoroughly inspected and repaired, as needed, at
least once in each year, including emptying and cleaning each fuel
tank, and refilling it with fresh fuel.
(2) Each davit, winch, fall and other launching appliance must be
thoroughly inspected and repaired, as needed, once in each year.
(3) Each item of survival equipment with an expiration date must be
replaced during the annual inspection and repair, if the expiration
date has passed.
(4) Each battery clearly marked with an expiration date, that is
used in an item of survival equipment must be replaced during the
annual inspection and repair, if the expiration date has passed.
(5) Except for a storage battery used in a lifeboat or rescue boat,
each battery without an expiration date that is used in an item of
survival equipment must be replaced during the annual inspection and
repair.
(g) Servicing of inflatable lifesaving appliances, inflated rescue
boats, and marine evacuation systems.
(1) Each inflatable lifesaving appliance and marine evacuation
system must be serviced--
(i) Within 12 months of its initial packing; and
(ii) Within 12 months of each subsequent servicing, except when
servicing is delayed until the next scheduled inspection of the unit,
provided the delay does not exceed 5 months.
(2) Each inflatable lifejacket must be serviced in accordance with
servicing procedures meeting the requirements of part 160, subpart
160.176 of this chapter. Each hybrid inflatable lifejacket must be
serviced in accordance with the owners manual and meet the requirements
of part 160, subpart 160.077 of this chapter.
(3) Each inflatable liferaft must be serviced--
(i) Whenever the container of the raft is damaged, or the straps or
seal broken; and
(ii) In accordance with servicing procedures meeting the
requirements of part 160, subpart 160.051 of this chapter.
(4) Each inflated rescue boat must be repaired and maintained in
accordance with the manufacturer's instructions. All repairs must be
made at a servicing facility approved by the Commandant (G-MSE), except
for emergency repairs carried out on board the unit.
(h) Periodic servicing of hydrostatic release units. Each
hydrostatic release unit, other than a disposable hydrostatic release
unit, must be serviced--
(1) Within 12 months of its manufacture and within 12 months of
each subsequent servicing, except when servicing is delayed until the
next scheduled inspection of the unit, provided the delay does not
exceed 5 months; and
(2) In accordance with repair and testing procedures meeting the
requirements of part 160, subpart 160.062 of this chapter.
(i) Periodic servicing of launching appliances and release gear.
(1) Launching appliances must be serviced at the intervals recommended
in the manufacturer's instructions, or as set out in the shipboard
planned maintenance program.
(2) Launching appliances must be thoroughly examined at intervals
not exceeding 5 years and upon completion of the examination, the
launching appliance must be subjected to a dynamic test of the winch
brake.
(3) Lifeboat and rescue boat release gear must be serviced at the
intervals recommended in the manufacturer's instructions, or as set out
in the planned maintenance program.
(4) Lifeboat and rescue boat release gear must be subjected to a
thorough examination by properly trained personnel familiar with the
system at each inspection for certification.
(5) Lifeboat and rescue boat release gear must be operationally
tested under a load of 1.1 times the total mass of the lifeboat when
loaded with its full complement of persons and equipment, whenever
overhauled, or at least once every 5 years.
(j) Maintenance of falls. (1) Each fall used in a launching
appliance must be turned end-for-end at intervals of not more than 30
months and must be renewed when necessary due to deterioration or at
intervals of not more than 5 years, whichever is earlier.
(2) As an alternative to paragraph (j)(1) of this section, each
fall may be inspected annually and renewed whenever necessary due to
deterioration or at intervals of not more than 4 years, whichever is
earlier.
(k) Rotational deployment of marine evacuation systems. In addition
to or in conjunction with the servicing intervals of marine evacuation
systems required by paragraph (g)(1) of this section, each marine
evacuation system must be deployed from the unit on a rotational basis.
Each marine evacuation system must be deployed at least once every 6
years.
Secs. 109.305, 109.307, 109.313, 109.314, 109.317, 109.320,
109.321 [Removed]
90. Sections 109.305, 109.307, 109.313, 109.314, 109.317, 109.320
and 109.321 removed.
91. Section 109.323 is revised to read as follows:
Sec. 109.323 Manning of survival craft and supervision.
(a) There must be a sufficient number of trained persons on board
the survival craft for mustering and assisting untrained persons.
(b) There must be a sufficient number of deck officers, able
seamen, or certificated persons on board to operate the survival craft
and launching arrangements required for abandonment by the total number
of persons on board.
(c) There must be one person placed in charge of each survival
craft to be used. The person in charge must--
(1) Be a deck officer, able seaman, or certificated person. The
OCMI, considering the number of persons permitted on board, and the
characteristics of the unit, may permit persons practiced in the
handling and operation of liferafts or inflatable buoyant apparatus to
be placed in charge of liferafts or inflatable buoyant apparatus;
(2) Have another person designated second-in-command of each
lifeboat permitted to carry more than 40 persons. This person should be
a deck officer, able seaman, or certificated person; and
(3) Have a list of the survival craft crew and must see that the
crewmembers are acquainted with their duties. The second-in-command of
a lifeboat must also have a list of the lifeboat crew.
(d) There must be a person assigned to each motorized survival
craft who is capable of operating the engine and carrying out minor
adjustments.
(e) The person in charge must make sure that the persons required
under paragraphs (a), (b), and (c) of this section are equitably
distributed among the unit's survival craft.
[[Page 25303]]
Sec. 109.325 [Removed]
92. Section 109.325 is removed.
Sec. 109.341 [Removed]
93. Section 109.341 is removed.
94. Section 109.425 is revised to read as follows:
Sec. 109.425 Repairs and alterations: fire detecting and extinguishing
equipment.
(a) Before making repairs or alterations, except emergency repairs
or alterations to fire detecting and extinguishing equipment, the
master or person in charge shall report the nature of the repairs or
alterations to the OCMI.
(b) When emergency repairs or alterations to fire detecting or
fire-extinguishing equipment have been made, the master or person in
charge shall report the nature of the repairs or alterations to the
OCMI.
95. In Sec. 109.433, paragraph (d) is revised; paragraphs (e)
through (i), and (n) are removed; and paragraphs (j) through (m) are
redesignated as paragraphs (e) through (h) to read as follows:
Sec. 109.433 Logbook entries.
* * * * *
(d) The logbook must include information on emergency training
drills required in Sec. 109.213(h).
* * * * *
96. In subpart E, the heading is revised to read as follows:
Subpart E--Emergency Signals
Sec. 109.501 [Removed]
97. Section 109.501 is removed.
98. In Sec. 109.503, paragraph (a) is removed, and paragraphs (b)
and (c) are redesignated as paragraphs (a) and (b), and the section
heading and newly redesignated paragraph (b)(2) are revised t
FR Doc. 96-11777 Lifesaving Equipment
o read as
follows:
Sec. 109.503 Emergency signals.
* * * * *
(b) * * *
(2) If whistle signals are used to direct the handling of lifeboats
and davit-launched liferafts, they must be--
(i) One short blast to lower the lifeboats and davit-launched
liferafts; and
(ii) Two short blasts to stop lowering the lifeboats and davit-
launched liferafts.
* * * * *
Sec. 109.505 [Removed]
99. Section 109.505 is removed.
SUBCHAPTER L--OFFSHORE SUPPLY VESSELS
PART 125--GENERAL
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; 49
CFR 1.46.
100. In Sec. 125.160, add definitions in alphabetical order, to
read as follows:
Sec. 125.160 Definitions.
* * * * *
Anti-exposure suit means a protective suit designed for use by
rescue boat crews and marine evacuation system parties.
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of subchapter Q of this chapter, the approval series
corresponds to the number of the subpart. A listing of approved
equipment, including all of the approval series, is published
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3
series), available from the Superintendent of Documents.
* * * * *
Crew means all persons carried on board the OSV to provide
navigation and maintenance of the OSV, its machinery, systems, and
arrangements essential for propulsion and safe navigation or to provide
services for other persons on board.
* * * * *
Embarkation ladder means the ladder provided at survival craft
embarkation stations to permit safe access to survival craft after
launching.
Embarkation station means the place where a survival craft is
boarded.
* * * * *
Float-free launching means that method of launching a survival
craft or lifesaving appliance whereby the craft or appliance is
automatically released from a sinking vessel and is ready for use.
* * * * *
Immersion suit means a protective suit that reduces loss of body
heat of a person wearing it in cold water.
Inflatable appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is normally kept uninflated
until ready for use.
Inflated appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is kept inflated and ready
for use at all times.
* * * * *
Launching appliance or launching arrangement means the method or
devices for transferring a survival craft or rescue boat from its
stowed position to the water. For a launching arrangement using a
davit, the term includes the davit, winch, and falls.
* * * * *
Lifejacket means a flotation device approved as a life preserver or
lifejacket.
* * * * *
Marine evacuation system means an appliance designed to rapidly
transfer large numbers of persons from an embarkation station by means
of a passage to a floating platform for subsequent embarkation into
associated survival craft, or directly into associated survival craft.
* * * * *
Muster station means the place where the crew and offshore workers
assemble before boarding a survival craft.
Novel lifesaving appliance or arrangement means one that has new
features not fully covered by the provisions of this part but that
provides an equal or higher standard of safety.
* * * * *
Rescue boat means a boat designed to rescue persons in distress and
to marshal survival craft.
Seagoing condition means the operating condition of the OSV with
the personnel, equipment, fluids, and ballast necessary for safe
operation on the waters where the OSV operates.
Survival craft means a craft capable of sustaining the lives of
persons in distress from the time of abandoning the OSV on which the
persons were originally carried. The term includes lifeboats,
liferafts, buoyant apparatus, and lifefloats, but does not include
rescue boats.
101. In Sec. 125.180, paragraph (b) under International Maritime
Organization (IMO), the entries for Resolution A.658(16) and Resolution
A.760(18) are revised, and a new entry for Resolution A.520(13) is
added in numerical order to read as follows:
Sec. 125.180 Incorporation by reference.
* * * * *
(b) * * *
International Maritime Organization (IMO)
4 Albert Embankment, London, SE1 7SR, England
Resolution A.520(13), Code of Practice for the 133.40
Evaluation, Testing and Acceptance of Prototype
Novel Life-saving Appliances and Arrangements, 17
November 1983.
[[Page 25304]]
Resolution A.658(16), Use and Fitting of 131.855; 131.875; 133.70
Retroreflective Materials on Life-saving
Appliances, 20 November 1989.
Resolution A.760(18), Symbols Related to Life- 131.875; 133.70; 133.90
saving Appliances and Arrangements, 17 November
1993.
International Convention for the Safety of Life at 126.170
Sea (SOLAS), Consolidated Edition, 1992.
102. Part 133, consisting of Secs. 133.03 through 133.175, is added
to read as follows:
PART 133--LIFESAVING SYSTEMS
Subpart A--General
Sec.
133.03 Relationship to international standards.
133.07 Additional equipment and requirements.
133.09 Equivalents.
133.10 Applicability.
133.20 Exemptions.
133.40 Evaluation, testing and approval of lifesaving appliances
and arrangements.
133.45 Tests and inspections of lifesaving equipment and
arrangements.
Subpart B--Requirements for All OSVs
133.60 Communications.
133.70 Personal lifesaving appliances.
133.80 Emergency instructions.
133.90 Operating instructions.
133.105 Survival craft.
133.110 Survival craft muster and embarkation arrangements.
133.120 Launching stations.
133.130 Stowage of survival craft.
133.135 Rescue boats.
133.140 Stowage of rescue boats.
133.145 Marine evacuation system launching arrangements.
133.150 Survival craft launching and recovery arrangements:
general.
133.153 Survival craft launching and recovery arrangements using
falls and a winch.
133.160 Rescue boat embarkation, launching and recovery
arrangements.
133.170 Line-throwing appliance.
133.175 Survival craft and rescue boat equipment.
Authority: 46 U.S.C. 3306; 46 CFR 1.46.
Subpart A--General
Sec. 133.03 Relationship to international standards.
This subpart and subpart B of this part are based on Chapter III,
SOLAS. Section numbers in this subpart and subpart B of this part are
generally related to the regulation numbers in Chapter III, SOLAS, but
paragraph designations are not related to the numbering in Chapter III,
SOLAS. To find the corresponding Chapter III, SOLAS regulation for this
subpart and subpart B of this part, beginning with Sec. 133.10, divide
the section number following the decimal point by 10.
Sec. 133.07 Additional equipment and requirements.
The OCMI may require an OSV to carry specialized or additional
lifesaving equipment other than as required in this part if the OCMI
determines that the conditions of a voyage present uniquely hazardous
circumstances which are not adequately addressed by existing
requirements.
Sec. 133.09 Equivalents.
When this part requires a particular fitting, material, or
lifesaving appliance or arrangement, the Commandant (G-MSE) may
accept any other fitting, material, or lifesaving appliance or
arrangement that is at least as effective as that required by this
part. The Commandant may require engineering evaluations and tests to
determine the equivalent effectiveness of the substitute fitting,
material, or lifesaving appliance or arrangement.
Sec. 133.10 Applicability.
(a) Unless expressly provided otherwise in this part, this part
applies to all inspected OSVs of the United States flag, including
lifeboats.
(b) Offshore supply vessels which were constructed prior to October
1, 1996, must--
(1) By October 1, 1997, meet the requirements of Secs. 133.60(a),
133.80, and 133.90;
(2) By October 1, 1997, fit retro-reflective material on all
floating appliances, lifejackets, and immersion suits; and
(3) Offshore supply vessels may retain the arrangement of
lifeboats, lifeboat davits, winches, inflatable liferafts, liferaft
launching equipment, rescue boats, lifefloats, and buoyant apparatus
previously required and approved for the OSV, as long as the
arrangement or appliance is maintained in good condition to the
satisfaction of the OCMI.
(c) When any lifesaving appliance or arrangement on an OSV subject
to this part is replaced, or when the OSV undergoes repairs,
alterations, or modifications of a major character involving
replacement of, or any addition to, the existing lifesaving appliances
or arrangements, each new lifesaving appliance and arrangement must
meet the requirements of this part, unless the OCMI determines that the
OSV cannot accommodate the new appliance or arrangement.
Sec. 133.20 Exemptions.
(a) If a District Commander determines that the overall safety of
the persons on board an OSV will not be significantly reduced, the
District Commander may grant an exemption from compliance with a
provision of this part to a specific OSV for a specified geographic
area within the boundaries of the Coast Guard District. This exemption
may be limited to certain periods of the year.
(b) Requests for exemption under this section must be in writing to
the OCMI for transmission to the District Commander in the area in
which the OSV is in service or will be in service.
(c) If the exemption is granted by the District Commander, the OCMI
will endorse the OSV's Certificate of Inspection with a statement
describing the exemption.
Sec. 133.40 Evaluation, testing and approval of lifesaving appliances
and arrangements.
(a) Each item of lifesaving equipment required by this part to be
carried on board the OSV must be approved.
(b) Each item of lifesaving equipment carried on board the OSV in
addition to those required by this part must--
(1) Be approved; or
(2) Be accepted by the cognizant OCMI for use on the OSV.
(c) The Commandant (G-MSE) may accept a novel lifesaving appliance
or arrangement if it provides a level of safety equivalent the
requirements of this part and if the appliance or arrangement--
(1) Is evaluated and tested in accordance with IMO Resolution
A.520(13), Code of Practice for the Evaluation, Testing and Acceptance
of Prototype Novel Life-saving Appliances and Arrangements; or
(2) Has successfully undergone evaluation and tests that are
substantially equivalent to those recommendations.
(d) During an OSV's construction, and when any modification to the
lifesaving arrangement is done after construction, a OSV owner must
obtain acceptance of lifesaving arrangements from the Commandant (G-
MSC).
(e) The OCMI may accept substitute lifesaving appliances other than
those required by this part, except for--
(1) Survival craft and rescue boats; and
(2) Survival craft and rescue boat launching and embarkation
appliances.
[[Page 25305]]
(f) Acceptance of lifesaving appliances and arrangements will
remain in effect unless--
(1) The OCMI deems their condition to be unsatisfactory or unfit
for the service intended; or
(2) The OCMI deems the crew's ability to use and assist others in
the use of the lifesaving appliances or arrangements to be inadequate.
Sec. 133.45 Tests and inspections of lifesaving equipment and
arrangements.
(a) Initial inspection. The initial inspection of lifesaving
appliances and arrangements for certification includes a demonstration
of--
(1) The proper condition and operation of the survival craft and
rescue boat launching appliances at loads ranging from light load to 10
percent overload;
(2) The proper condition and operation of rescue boats, including
engines and release mechanisms;
(3) The proper condition of flotation equipment such as lifebuoys,
lifejackets, immersion suits, work vests, lifefloats, buoyant
apparatus, and associated equipment;
(4) The proper condition of distress signaling equipment, including
EPIRB and pyrotechnic signaling devices;
(5) The proper condition of line-throwing appliances;
(6) The proper condition and operation of embarkation appliances,
including embarkation ladders and marine evacuation systems;
(7) The ability of the crew to effectively carry out abandon-ship
procedures; and
(8) The ability to meet the egress and survival craft launching
requirements of this part.
(b) Reinspections. Tests and inspections of lifesaving equipment
shall be carried out during each inspection for renewal of
certification, and shall demonstrate, as applicable,--
(1) The proper condition and operation of the survival craft and
rescue boat launching appliances at loads ranging from light load to
full load;
(2) The proper condition and operation of rescue boats including
engines and release mechanisms;
(3) The proper condition of flotation equipment such as lifebuoys,
lifejackets, immersion suits, work vests, lifefloats, buoyant
apparatus, and associated equipment;
(4) That each inflatable liferaft and inflatable lifejacket has
been serviced as required under this chapter;
(5) That each hydrostatic release unit, other than a disposable
hydrostatic release unit, has been serviced as required under this
chapter; and
(6) That the crew has the ability to effectively carry out abandon-
ship procedures.
(c) Other inspections. Lifesaving appliances and arrangements are
subject to tests and inspections described in paragraph (b) of this
section during OSV boardings to ensure that the appliances and
arrangements comply with applicable requirements, are in satisfactory
condition, and remain fit for service.
Subpart B--Requirements for All OSVs
Sec. 133.60 Communications.
(a) Emergency position indicating radiobeacons (EPIRB) and search
and rescue transponders (SART).
(1) Each OSV must carry a category 1 406 MHz satellite EPIRB
meeting the requirements of 47 CFR part 80.
(2) When the OSV is underway, the EPIRB must be stowed in its
float-free bracket with the controls set for automatic activation and
mounted in a manner so that it will float free if the OSV sinks.
(3) Each EPIRB should have the name of the OSV plainly marked or
painted on its label, except for EPIRBs in an inflatable liferaft or
permanently installed in a survival craft.
(b) Distress flares. Each OSV must--
(1) Carry not less than 12 rocket parachute flares approved under
approval series 160.136; and
(2) Stow the flares on or near the OSV's navigating bridge.
(c) Onboard communications and alarm systems. Each OSV must meet
the requirements for onboard communications between emergency control
stations, muster and embarkation stations, and strategic positions on
board, and the emergency alarm system requirements in part J of this
chapter, and be supplemented by either a public address system or other
suitable means of communication.
(d) Emergency position indicating radiobeacon alternative. OSVs, as
an alternative to the requirements in paragraph (a) of this section,
may until February 1, 1999, have a Coast Guard-approved class A EPIRB,
if the EPIRB was--
(1) Manufactured after October 1, 1988; and
(2) Installed on the OSV on or before July 5, 1996.
Sec. 133.70 Personal lifesaving appliances.
(a) Lifebuoys. Each OSV must carry lifebuoys approved under
approval series 160.150 and 160.050 as follows:
(1) Number. The number of lifebuoys carried must be as prescribed
in table 133.70 of this section.
Table 133.70
------------------------------------------------------------------------
Minimum number of
ring lifebuoys
Length of vessel in meters (feet) ---------------------
Ocean Coastwise
service service
------------------------------------------------------------------------
Under 30 (98)..................................... 8 3
30 (98) and under 60 (196)........................ 8 4
60 (196) and under 100 (328)...................... 8 6
100 (328) and over................................ 12 12
------------------------------------------------------------------------
(2) Stowage. Lifebuoys must be stowed as follows:
(i) Each lifebuoy must be capable of being rapidly cast loose.
(ii) Each lifebuoy must not be permanently secured to the OSV in
any way.
(iii) Each lifebuoy stowage position must be marked with either the
words ``LIFEBUOY'' or ``LIFE BUOY'', or with the appropriate symbol
from IMO Resolution A.760(18).
(iv) Lifebuoys must be so distributed as to be readily available on
each side of the OSV and, as far as practicable, on each open deck
extending to the side of the OSV. At least one lifebuoy must be located
near the stern of the OSV. The lifebuoys with attached self-igniting
lights must be equally distributed on both sides of the OSV.
(3) Color and markings. Lifebuoys must be colored and marked as
follows:
(i) Each lifebuoy must be orange.
(ii) Each lifebuoy must be marked in block capital letters with the
name of the OSV and the name of the port required to be marked on the
stern of the OSV under Sec. 67.13 of this chapter.
(4) Attachments and fittings. Lifebuoys must have the following
attachments and fittings:
(i) At least one lifebuoy on each side of the OSV fitted with a
buoyant lifeline that is--
(A) At least as long as twice the height where it is stowed above
the waterline in the lightest seagoing condition, or 30 meters (100
feet), whichever is the greater;
(B) Non-kinking;
(C) Not less than 8 millimeters (\5/16\ inch) in diameter;
(D) Of a breaking strength which is not less than 5 kiloNewtons
(1,124 pounds-force); and
(E) Resistant to deterioration from ultraviolent light. Line that
is certified by the manufacturer or is synthetic and a dark color meets
this requirement.
(ii) Except for an OSV in coastwise service and under 30 meters (99
feet) in length, at least one-half the total number of lifebuoys, but
not less than two, must
[[Page 25306]]
each be fitted with a self-igniting light approved under approval
series 161.010. The self-igniting light must not be attached to the
lifebuoys required by this section to be fitted with lifelines.
However, if the OSV carries less than four lifebuoys, a buoyant
lifeline can be fitted to one of the lifebuoys with a self-igniting
light.
(b) Lifejackets. Each OSV must carry lifejackets approved under
approval series 160.002, 160.005, 160.055, 160.077, 160.155, 160.176,
or 160.177. If the OSV carries inflatable lifejackets, they must be of
the same or similar design and have the same method of operation.
(1) General. Each OSV must carry a lifejacket for each person on
board and in addition, a sufficient number of lifejackets must be
carried for persons on watch and for use at remotely located survival
craft stations.
(2) Stowage. Lifejackets must be stowed as follows:
(i) The lifejackets must be readily accessible.
(ii) The lifejacket stowage positions must be marked with either
the word ``LIFEJACKETS'' or with the appropriate symbol from IMO
Resolution A.760(18).
(iii) The additional lifejackets required by paragraph (b)(1) of
this section must be stowed on the bridge, in the engine control room,
and at other manned watch stations..
(3) Markings. Each lifejacket must be marked--
(i) In block capital letters with the name of the OSV; and.
(ii) With type I retro-reflective material approved under approval
series 164.018. The arrangement of the retro-reflective material must
meet IMO Resolution A.658(16).
(4) Lifejacket lights. Each lifejacket must have a lifejacket light
approved under approval series 161.112 or 161.012 securely attached to
the front shoulder area of the lifejacket. Chemiluminescent-type
lifejacket lights approved under approval series 161.012 are not
permitted on OSVs certificated to operate on waters where water
temperature may drop below 10 deg.C (50 deg.F).
(c) Immersion suits or anti-exposure suits. Immersion suits must be
approved under approval series 160.171, and anti-exposure suits must be
approved under approval series 160.153.
(1) General. Each OSV, except OSVs operating in the Gulf of Mexico
or on other routes between 32 degrees north latitude and 32 degrees
south latitude, must carry--.
(i) An immersion suit or anti-exposure suit of suitable size for
each person assigned to the rescue boat crew; and
(ii) An immersion suit of the appropriate size for each person on
board. The immersion suits required under this paragraph count toward
meeting the requirements of paragraph (c)(1)(i) of this section.
(2) Stowage. Immersion suits and anti-exposure suits must be stowed
as follows:
(i) Immersion suits and anti-exposure suits must be stowed so they
are readily accessible, and the stowage positions must be marked with
the words ``IMMERSION SUITS'' or ``ANTI-EXPOSURE SUITS'' as
appropriate, or with the appropriate symbol from IMO Resolution
A.760(18).
(ii) If watch stations, work stations, or work sites are remote
from cabins, staterooms, or berthing areas and the immersion suits are
stowed in those locations, there must be, in addition to the immersion
suits required under paragraph (c)(1)(ii) of this section, enough
immersion suits stowed at the watch stations, work stations, or work
sites to equal the number of persons normally on watch in, or assigned
to, those locations at any time.
(3) Markings. Each immersion suit or anti-exposure suit must be
marked in block capital letters with the name of the OSV.
(4) Lights for immersion suits or anti-exposure suits. Each
immersion suit or anti-exposure suit must have a lifejacket light
approved under approval series 161.112 or 161.012 securely attached to
the front shoulder area of the immersion suit or anti-exposure suit.
Chemiluminescent-type lifejacket lights approved under approval series
161.012 are not permitted on OSVs certificated to operate on waters
where water temperature may drop below 10 deg.C (50 deg.F).
(d) Lifejacket, immersion suit, and anti-exposure suit containers.
Each lifejacket, immersion suit, and anti-exposure suit container must
be marked in block capital letters and numbers with the quantity,
identity, and size of the equipment stowed inside the container. The
equipment may be identified in words, or with the appropriate symbol
from IMO Resolution A.760(18).
Sec. 133.80 Emergency instructions.
(a) General. Copies of clear instructions must be provided on the
OSV, detailing the actions that each person on board should follow in
the event of an emergency.
(b) Emergency instructions. Illustrations and instructions in
English and any other appropriate language, as determined by the OCMI,
must be conspicuously displayed at each muster station and in spaces
where offshore workers are carried, to inform offshore workers of--
(1) The fire and emergency signal;
(2) Their muster station;
(3) The essential actions they must take in an emergency;
(4) The location of lifejackets; and
(5) The method of donning lifejackets.
Sec. 133.90 Operating instructions.
Each OSV must have posters or signs displayed in the vicinity of
each survival craft and the survival craft's launching controls that--
(a) Illustrate the purpose of controls;
(b) Illustrate the procedures for operating the launching device;
(c) Give relevant instructions or warnings;
(d) Can be easily seen under emergency lighting conditions; and
(e) Display symbols in accordance with IMO Resolution A.760(18).
Sec. 133.105 Survival craft.
(a) Each survival craft must be approved and equipped as follows:
(1) Each inflatable liferaft--
(i) On an OSV on an unlimited oceans route, must be approved under
approval series 160.151 and be equipped with a SOLAS A pack;
(ii) On an OSV on an oceans route limited to within 50 nautical
miles of the shore, must be approved under approval series 160.151 and
be equipped with either a SOLAS A pack or SOLAS B pack; and
(iii) On an OSV on a coastwise route, must be approved under
approval series 160.151 or 160.151, with any approved equipment pack.
(2) Each rigid liferaft must be approved under approval series
160.118 and be equipped as specified in table 133.175 of this part.
(3) Each inflatable buoyant apparatus must be approved under
approval series 160.010.
(4) Each lifefloat must be approved under approval series 160.027
and be equipped with the following:
(i) One boathook.
(ii) Two paddles. Each paddle must be at least 1.2 meters (4 feet)
long and buoyant.
(iii) One painter. The painter must--
(A) Be at least 30 meters (100 feet) long, but not less than three
times the distance between the deck where the lifefloats are stowed and
to the OSV's waterline in the lightest seagoing condition;
(B) Have a breaking strength of at least 6.7 kiloNewtons (1,500
pounds-force), except that if the capacity of the lifefloat is 50
persons or more, the breaking strength must be at least 13.4
kiloNewtons (3,000 pounds-force);
[[Page 25307]]
(C) If made of a synthetic material, be dark in color or certified
by the manufacturer to be resistant to deterioration from ultraviolet
light;
(D) Be stowed in such a way that it runs out freely when the
buoyant apparatus, inflatable buoyant apparatus, or lifefloat floats
away from the sinking OSV; and
(E) Have a float-free link meeting the requirements of part 160,
subpart 160.073 of this chapter, connecting the painter to the OSV.
(iv) One self-igniting light. The self-igniting light must be
approved under approval series 161.010, and must be attached to the
buoyant apparatus, inflatable buoyant apparatus, or lifefloat by a 12-
thread manila or equivalent lanyard, at least 5.5 meters (18 feet)
long. The self-igniting light is not required on a lifefloat with a
capacity of 24 persons or less.
(5) Each marine evacuation system must be approved under approval
series 160.175.
(6) Lifeboats may be substituted for liferafts. If lifeboats are
installed on an OSV, their installation and arrangement must meet the
applicable requirements of subchapter W of this chapter.
(b) Except as provided in paragraph (c) of this section, OSVs must
carry one or more liferafts with an aggregate capacity that will
accommodate the total number of persons on board. The liferafts must
be--
(1) Stowed in a position providing for easy side-to-side transfer
at a single open deck level; or
(2) Additional liferafts must be provided to bring the total
capacity available on each side to at least 100 percent of the total
number of persons on board. If additional liferafts are provided and
the rescue boat required under Sec. 133.135 is also a lifeboat, it may
be included in the aggregate capacity requirement.
(c) Each OSV operating in the Gulf of Mexico, as an alternative to
the requirements of paragraph (b) of this section, may carry a
sufficient number of inflatable buoyant apparatus or a sufficient
number of lifefloats, having an aggregate capacity that, together with
any lifeboats, rescue boats, and liferafts, will accommodate the total
number of persons on board.
Sec. 133.110 Survival craft muster and embarkation arrangements.
(a) Each OSV must have muster stations that--
(1) Are near the embarkation stations, unless the muster station is
the embarkation station;
(2) Permit ready access for the offshore workers to the embarkation
station, unless the muster station is the embarkation station; and
(3) Have sufficient room to marshal and instruct the offshore
workers.
(b) Each muster station must have sufficient space to accommodate
all persons assigned to muster at that station. One or more muster
stations must be close to each embarkation station.
(c) Each muster station and embarkation station must be readily
accessible to accommodation and work areas.
(d) Each muster station and embarkation station must be adequately
illuminated by lighting supplied from the emergency source of
electrical power.
(e) Each davit-launched survival craft muster station and
embarkation station must be arranged to enable stretcher cases to be
placed in the survival craft.
(f) Each launching station or each two adjacent launching stations
with an embarkation position more than 3 meters (10 feet) above the
waterline in the lightest seagoing condition, must have an embarkation
ladder as follows:
(1) Each embarkation ladder must be approved under approval series
160.117 or approval series 160.017.
(2) Each embarkation ladder must extend in a single length, from
the deck to the waterline in the lightest seagoing condition under
unfavorable conditions of trim and with the OSV listed not less than 15
degrees either way.
(3) Each embarkation ladder may be replaced by a device approved to
provide safe and rapid access to survival craft in the water, if the
OCMI permits the device, provided that there is at least one
embarkation ladder on each side of the OSV.
(g) Each davit-launched liferaft must be arranged to be boarded and
launched from a position immediately adjacent to the stowed position or
from a position to where, under Sec. 133.130, the liferaft is
transferred before launching.
(h) If a davit-launched survival craft is embarked over the edge of
the deck, the craft must be provide with a means for bringing it
against the side of the OSV and holding it alongside the OSV to allow
persons to safely embark.
(i) If a davit-launched survival craft or rescue boat is not
intended to be moved to the stowed position with persons on board, the
craft must be provided with a means for bringing it against the side of
the OSV and holding it alongside the OSV to allow persons to safely
disembark after a drill.
Sec. 133.120 Launching stations.
(a) Each launching station must be positioned to ensure safe
launching with clearance from--
(1) The propeller; and
(2) The steeply overhanging portions of the hull.
(b) Each survival craft be launched down the straight side of the
OSV.
(c) Each launching station in the forward part of the OSV must--
(1) Be located aft of the collision bulkhead in a sheltered
position; and
(2) Have a launching appliance approved as being of sufficient
strength for forward installation.
Sec. 133.130 Stowage of survival craft.
(a) General. Each survival craft must be stowed as follows:
(1) Each survival craft must be as close to the accommodation and
service spaces as possible.
(2) Each survival craft must be in a way that neither the survival
craft nor its stowage arrangements will interfere with the embarkation
and operation of any other survival craft or rescue boat at any other
launching station.
(3) Each survival craft must be as near the water surface as is
safe and practicable.
(4) Other than liferafts intended for throw-overboard launching,
each survival craft must be not less than 2 meters above the waterline
with the OSV--
(i) In the fully loaded condition;
(ii) Under unfavorable conditions of trim; and
(iii) Listed up to 20 degrees either way, or to the angle where the
OSV's weatherdeck edge becomes submerged, whichever is less.
(5) Each survival craft must be sufficiently ready for use so that
two crew members can complete preparations for embarkation and
launching in less than 5 minutes.
(6) Each survival craft must be fully equipped as required under
this part.
(7) Each survival craft must be in a secure and sheltered position
and protected from damage by fire and explosion, as far as practicable.
(8) Each survival craft must not require lifting from its stowed
position in order to launch, except that--
(i) A davit-launched liferaft may be lifted by a manually powered
winch from its stowed position to its embarkation position; or
(ii) A survival craft that weights 185 kilograms (407.8 pounds) or
less, may require lifting of not more than 300 millimeters (1 foot).
(b) Additional liferaft stowage requirements. In addition to
meeting the requirements of paragraph (a) of this section, each
liferaft must be stowed as follows:
(1) Each liferaft must be stowed to permit manual release from its
securing arrangements.
[[Page 25308]]
(2) Each liferaft must be stowed at a height above the waterline in
the lightest seagoing condition not greater than the maximum stowage
height indicated on the liferaft container. Each liferaft without an
indicated maximum stowage height must be stowed not more than 18 meters
(59 feet) above the waterline in the OSV's lightest seagoing condition.
(3) Each liferaft must be arranged to permit it to drop into the
water from the deck on which it is stowed. A liferaft stowage
arrangement meets this requirement if it--
(i) Is outboard of the rail or bulwark;
(ii) Is on stanchions or on a platform adjacent to the rail or
bulwark; or
(iii) Has a gate or other suitable opening to allow the liferaft to
be pushed directly overboard and--
(A) Each gate or opening must be large enough to allow the liferaft
to be pushed overboard; and
(B) If the liferaft is intended to be available for use on either
side of the OSV, a gate or opening must be provided on each side.
(4) Each davit-launched liferaft must be stowed within reach of its
lifting hook, unless some means of transfer is provided that is not
rendered inoperable--
(i) Within the limits of trim and list and list specified in
paragraph (a)(4)(iii) of this section;
(ii) By OSV motion; or
(iii) By power failure.
(5) Each rigid container for an inflatable liferaft to be launched
by a launching appliance must be secured in a way that the container or
parts of it are prevented from falling into the water during and after
inflation and launching of the contained liferaft.
(6) Each liferaft must have a painter system providing a connection
between the OSV and the liferaft.
(7) Each liferaft or group of liferafts must be arranged for float-
free launching. The arrangement must ensure that the liferaft or
liferafts when released and inflated, are not dragged under by the
sinking OSV. A hydrostatic release unit used in a float-free
arrangement must be approved under approval series 160.162.
(c) Additional lifefloat stowage requirements. Each lifefloat must
be capable of float-free launching and be arranged as follows:
(1) Lifefloats must be secured to the OSV by--
(i) A hydrostatic release unit approved under approval series
160.062 or 160.162 and that is appropriate for the size and number of
the lifefloats attached to them; or
(ii) Lashings that can be easily slipped.
(2) A painter must be secured to the lifefloat by--
(i) The attachment fitting provided by the manufacturer; or
(ii) A wire or line that encircles the body of the lifefloat and
will not slip off, and meets the requirements of
Sec. 133.105(a)(4)(iii).
(3) If lifefloats are arranged in groups with each group secured by
a single painter,--
(i) The combined weight of each group must not exceed 185 kilograms
(407.8 pounds);
(ii) Each lifefloat must be individually attached to the group's
single painter by its own painter which must be long enough to allow
floating without contact with any other lifefloat in the group;
(iii) The strength of the float-free link and the strength of the
group's single painter must be appropriate for the combined capacity of
the group of lifefloats;
(iv) The group of lifefloats must not be stowed in more than four
tiers. When stowed in tiers, the separate units must be kept apart by
spacers; and
(v) The group of lifefloats must be stowed to prevent shifting with
easily detached lashings.
Sec. 133.135 Rescue boats.
(a) Each OSV must carry at least one rescue boat. Each rescue boat
must be approved under approval series 160.156 and equipped as
specified in table 133.175 of this part.
(b) Offshore supply vessels, as an alternative to the requirement
in paragraph (a) of this section, may carry a motor-propelled workboat
or a launch if the workboat or launch must meet the embarkation,
launching, and recovery arrangement requirements in Sec. 133.160(a),
(c), (d), (e), and (f).
(c) A rescue boat is not required for a vessel operating on the
continental shelf of the United States, if--
(1) The OCMI determines the vessel is arranged to allow a helpless
person to be recovered from the water;
(2) The recovery of the helpless person can be observed from the
navigating bridge; and
(3) The vessel does not regularly engage in operations that
restrict its maneuverability.
Sec. 133.140 Stowage of rescue boats.
(a) Rescue boats must be stowed as follows:
(1) Each rescue boat must be ready for launching in not more than 5
minutes.
(2) Each rescue boat must be in a position suitable for launching
and recovery.
(3) Each rescue boat must be stowed in a way that neither the
rescue boat nor its stowage arrangements will interfere with the
operation of any survival craft at any other launching station.
(b) Each rescue boat must be provided a means for recharging the
rescue boat batteries from the OSV's power supply at a supply voltage
not exceeding 50 volts.
(c) Each inflated rescue boat must be kept fully inflated at all
times.
Sec. 133.145 Marine evacuation system launching arrangements.
(a) Arrangements. Each marine evacuation system must have the
following arrangements:
(1) Each marine evacuation system must be capable of being deployed
by one person.
(2) Each marine evacuation system must enable the total number of
persons for which it is designed, to be transferred from the OSV into
the inflated liferafts within a period of 10 minutes from the time an
abandon-ship signal is given.
(3) Each marine evacuation system must be arranged so that
liferafts may be securely attached to the platform and released from
the platform by a person either in the liferaft or on the platform.
(4) Each marine evacuation system must be capable of being deployed
from the OSV under unfavorable conditions of trim of up to 10 degrees
either way and of list of up to 20 degrees either way.
(5) If the marine evacuation system has an inclined slide, the
angle of the slide from horizontal must be within a range of 30 to 35
degrees when the OSV is upright and in the lightest seagoing condition.
(6) Each marine evacuation system platform must be capable of being
restrained by a bowsing line or other positioning system that is
designed to deploy automatically, and if necessary, be capable of being
adjusted to the position required for evacuation.
(b) Stowage. Each marine evacuation system must be stowed as
follows:
(1) There must not be any openings between the marine evacuation
system's embarkation station and the OSV's side at the OSV's waterline
in the lightest seagoing condition.
(2) The marine evacuation system's launching positions must be
arranged, as far as practicable, to be straight down the OSV's side and
safely clear the propeller and any steeply overhanging positions of the
hull.
(3) The marine evacuation system must be protected from any
projections of the OSV's structure or equipment.
(4) The marine evacuation system's passage and platform, when
deployed; its stowage container; and its
[[Page 25309]]
operational arrangement must not interfere with the operation of any
other lifesaving appliance at any other launching station.
(5) Where appropriate, the marine evacuation system's stowage area
must be protected from damage by heavy seas.
(c) Stowage of associated liferafts. Inflatable liferafts used in
conjunction with the marine evacuation system must be stowed as
follows:
(1) Each inflatable liferaft used in conjunction with the marine
evacuation system must be close to the system container, but capable of
dropping clear of the deployed chute and boarding platform.
(2) Each inflatable liferaft used in conjunction with the marine
evacuation system must be capable of individual release from its
stowage rack.
(3) Each inflatable liferaft used in conjunction with the marine
evacuation system must be stowed in accordance with Sec. 133.130.
(4) Each inflatable liferaft used in conjunction with the marine
evacuation system must be provided with preconnected or easily
connected retrieving lines to the platform.
Sec. 133.150 Survival craft launching and recovery arrangements:
general.
(a) All survival craft required for abandonment by the total number
of persons on board must be capable of being launched with their full
complement of persons and equipment within 10 minutes from the time the
abandon-ship signal is given.
(b) Each launching appliance for a davit-launched liferaft must be
approved under approval series 160.163, with an automatic disengaging
apparatus approved under approval series 160.170.
(c) Unless expressly provided otherwise, each survival craft must
be provided launching appliances or marine evacuation systems, except--
(1) Those survival craft that can be boarded from a position on
deck less than 4.5 meters (14.75 feet) above the waterline in the
lightest seagoing condition and that have a mass of not more than 185
kilograms (407 pounds);
(2) Those survival craft that can be boarded from a position on
deck less than 4.5 meters (14.75 feet) above the waterline in the
lightest seagoing condition and that are stowed for launching directly
from the stowed position, under unfavorable conditions of trim of 10
degrees and list of 20 degrees either way;
(3) Those survival craft that are carried in excess of the survival
craft for 200 percent of the total number of persons on board the OSV,
and that have a mass of not more than 185 kilograms (407 pounds);
(4) Those survival craft carried in excess of the survival craft
for 200 percent of the total number of persons on board the OSV, and
are stowed for launching directly from the stowed position under
unfavorable conditions of trim of 10 degrees and list of 20 degrees
either way;
(5) Those survival craft that are provided for use in conjunction
with a marine evacuation system, and stowed for launching directly from
the stowed position under unfavorable conditions of trim of 10 degrees
and list of 20 degrees either way; or
(6) Liferafts installed on lifeboats.
(d) Each launching appliance must be arranged so that the fully
equipped survival craft the launching appliance serves can be safely
launched against unfavorable conditions of trim of up to 10 degrees
either way and of list of up to 20 degrees either way,--
(1) When the survival craft is loaded with its full complement of
persons; and
(2) When not more than the required operating crew is on board.
(e) A launching appliance must not depend on any means other than
gravity or stored mechanical power, independent of the OSV's power
supplies, to launch the survival craft the launching appliance serves,
in the fully loaded and equipped condition, and also in the light
condition.
(f) Each launching appliance's structural attachment to the OSV
must be designed to be at least 4.5 times--
(1) The load imparted on the attachment by the launching appliance
and its fully loaded survival craft under the most adverse combination
of list and trim as required under paragraph (b) of this section; and
(2) The ultimate strength of the construction material.
(g) Each launching appliance must be arranged so that--
(1) All parts requiring regular maintenance by the OSV's crew are
readily accessible and easily maintained;
(2) The launching appliance remains effective under conditions of
icing;
(3) The same type of release mechanism is used for each similar
survival craft carried on board the OSV;
(4) The preparation and handling of each survival craft at any one
launching station does not interfere with the prompt preparation and
handling of any other survival craft at any other station;
(5) The persons on board the OSV can safely and rapidly board the
survival craft;
(6) Each davit-launched liferaft can be boarded by its full
complement of persons within 3 minutes from the time the instruction to
board is given: and
(7) During preparation and launching, the survival craft, its
launching appliance, and the area of water into which it is to be
lunched is illuminated by lighting supplied from the emergency source
of electrical power.
(h) Each launching mechanism must be arranged so it may be actuated
by one person, both from a position on the OSV's deck, and from a
position within the survival craft. Each launching and recovery
arrangement must allow the operator on the deck to observe the survival
craft at all times during launching.
(i) Means must be provided outside the machinery space to prevent
any discharge of water onto survival craft during abandonment.
Sec. 133.153 Survival craft launching and recovery arrangement using
falls and a winch.
Survival craft launching and recovery arrangements, in addition to
meeting the requirements in Sec. 133.150, must meet the following
requirements:
(a) Each fall wire must be of rotation-resistant and corrosion-
resistant steel wire rope.
(b) The breaking strength of each fall wire and each attachment
used on the fall must be at least six time the load imparted on the
fall by the fully-loaded survival craft.
(c) Each fall must be long enough for the survival craft to reach
the water with the OSV in its lightest seagoing condition, under
unfavorable conditions of trim and with the OSV listed not less than 20
degrees either way.
(d) Each unguarded fall must not pass near any operating position
of the winch, such as hand cranks, pay-out wheels, and brake levers.
(e) Each winch drum must be arranged so the fall wire winds onto
the drum in a level wrap. A multiple drum winch must be arranged so
that the falls wind off at the same rate when lowering, and onto the
drums at the same rate when hoisting.
(f) Each fall, where exposed to damage or fouling, must have guards
or equivalent protection. Each fall that leads along a deck must be
covered with a guard that is not more than 300 millimeters (1 foot)
above the deck.
(g) The lowering speed for a fully loaded survival craft must be
not less than that obtained from the following formula:
(1) S=0.4+(0.02 H), where S is the speed of lowering in meters per
second, and H is the height in meters from the davit head to the
waterline at the lightest seagoing condition.
[[Page 25310]]
(2) S=79+(1.2 H), where S is the speed of lowering in feet per
minute, and H is the height in feet.
(h) The lowering speed for a survival craft loaded with all of its
equipment must be not less than 70 percent of the speed required under
paragraph (g) of this section.
(i) The lowering speed for a fully loaded survival craft must be
not more than 1.3 meters per second (256 feet per minute).
(j) If a survival craft is recovered by electric power, the
electrical installation, including the electric power-operated boat
winch, must meet the requirements in part 129 of this chapter. If a
survival craft is recovered by any means of power, including a portable
power source, safety devices must be provided which automatically cut
off the power before the davit arms or falls reach the stops in order
to avoid overstressing the falls or davits, unless the motor is
designed to prevent such overstressing.
(k) Each launching appliance must be fitted with brakes that meet
the following requirements:
(1) The brakes must be capable of stopping the descent of the
survival craft or rescue boat and holding it securely when loaded with
its full complement of persons and equipment.
(2) The brake pads must, where necessary, be protected from water
and oil.
(3) Manual brakes must be arranged so that the brake is always
applied unless the operator, or a mechanism activated by the operator,
holds the brake control in the off position.
Sec. 133.160 Rescue boat embarkation, launching and recovery
arrangements.
(a) Each rescue boat must be able to be boarded and launched
directly from the stowed position with the number of persons assigned
to crew the rescue boat on board. If the rescue boat is also a lifeboat
and the other lifeboats are boarded and launched from an embarkation
deck, the arrangements must be such that the rescue boat can also be
boarded and launched from the embarkation deck.
(b) Each rescue boat must be capable of being launched with the OSV
making headway of 5 knots in calm water. A painter may be used to meet
this requirement.
(c) Each rescue boat embarkation and launching arrangement must
permit the rescue boat to be boarded and launched in the shortest
possible time.
(d) Rapid recovery of the rescue boat must be possible when loaded
with its full complement of persons and equipment.
(e) Each rescue boat launching appliance must be fitted with a
powered winch motor.
(f) Each rescue boat launching appliance must be capable of
hoisting the rescue boat when loaded with its full rescue boat
complement of persons and equipment at a rate of not less than 0.3
meters per second (59 feet per minute).
Sec. 133.170 Line-throwing appliance.
(a) General. Each OSV must have a line-throwing appliance that is
approved under approval series 160.031 or 160.040.
(b) Stowage. The line-throwing appliance and its equipment must be
readily accessible for use.
(c) Additional equipment. Each OSV must carry the following
equipment for the line-throwing appliance:
(1) The equipment on the list provided by the manufacturer with the
approved appliance.
(2) An auxiliary line that--
(i) For an appliance approved under approval series 160.040, is at
least 450 meters (1,500 feet) long;
(ii) For an appliance approved under approval series 160.031, is at
least 150 meters (500 feet) long;
(iii) Has a breaking strength of at least 40 kiloNewtons (9,000
pounds-force); and
(iv) Is, if synthetic, a dark color or certified by the
manufacturer to be resistant to deterioration from ultraviolet light.
Sec. 133.175 Survival craft and rescue boat equipment.
(a) All rescue boat equipment must be as follows:
(1) The equipment must be secured within the boat by lashings,
storage in lockers or compartments, storage in brackets or similar
mounting arrangements, or other suitable means.
(2) The equipment must be secured in such a manner as not to
interfere with any abandonment procedures or reduce seating capacity.
(3) The equipment must be as small and of as little mass as
possible.
(4) The equipment must be packed in a suitable and compact form.
(5) The equipment should be stowed so the items do not--
(i) Reduce the seating capacity;
(ii) Adversely affect the seaworthiness of the survival craft or
rescue boat; or
(iii) Overload the launching appliance.
(b) Each rigid liferaft and rescue boat, unless otherwise stated in
this paragraph, must carry the equipment specified for it in table
133.175 of this section. Each item in the table has the same
description as in Sec. 199.175 of this chapter.
Table 133.175.--Survival Craft Equipment
------------------------------------------------------------------------
Oceans Coastwise
-------------------------------------------
Item Rigid Rigid
No. Item liferaft Rescue liferaft Rescue
(SOLAS A boat (SOLAS B boat
Pack) Pack)
------------------------------------------------------------------------
1..... Bailer \1\.......... 1 1 1 1
3..... Boathook............ ......... 1 ......... 1
4..... Bucket \2\.......... ......... 1 ......... 1
5..... Can opener.......... 3 ......... ......... .........
6..... Compass............. ......... 1 ......... 1
8..... Drinking cup........ 1 ......... ......... .........
9..... Fire extinguisher... ......... 1 ......... 1
10.... First-aid kit....... 1 1 1 1
11.... Fishing kit......... 1 ......... ......... .........
12.... Flashlight.......... 1 1 1 1
14.... Heaving line........ 1 2 1 2
15.... Instruction card.... 1 ......... 1 .........
17.... Knife \1\ \3\....... 1 1 1 1
18.... Ladder.............. ......... 1 ......... 1
19.... Mirror, signalling.. 1 ......... 1 .........
[[Page 25311]]
20.... Oars, units \4\..... ......... 1 ......... 1
Paddles............. 2 ......... 2 .........
21.... Painter............. 1 1 1 1
22.... Provisions (units
per person)........ 1 ......... ......... .........
23.... Pump \5\............ ......... 1 ......... 1
24.... Radar reflector..... 1 1 1 1
26.... Repair kit \5\...... ......... 1 ......... 1
27.... Sea anchor.......... 2 1 2 1
28.... Searchlight......... ......... 1 ......... 1
29.... Seasickness kit
(units per person). 1 ......... 1 .........
30.... Signal, smoke....... 2 ......... 1 .........
31.... Signal, hand flare.. 6 ......... 6 .........
32.... Signal, parachute
flare.............. 4 ......... 4 .........
34.... Sponge \5\.......... 2 2 2 2
35.... Survival
instructions....... 1 ......... 1 .........
36.... Table of lifesaving
signals............ 1 ......... 1 .........
37.... Thermal protective
aids (percent of
persons) \6\....... 10% 10% 10% 10%
39.... Towline............. ......... 1 ......... 1
40.... Water (liters per
person)............ 1.5 ......... 1 .........
41.... Whistle............. 1 1 1 1
------------------------------------------------------------------------
Notes:
\1\ Each liferaft equipped for 13 persons or more must carry two of
these items.
\2\ Not required for inflated or rigid-inflated rescue boats.
\3\ A hatchet counts towards this requirement in rigid rescue boats.
\4\ Oars are not required on a free-fall lifeboat; a unit of oars means
the number of oars specified by the boat manufacturer.
\5\ Not required for a rigid rescue boat.
\6\ Sufficient thermal protective aids are required for at least 10% of
the persons the survival craft is equipped to carry, but not less than
two.
SUBCHAPTER R--NAUTICAL SCHOOLS
PART 167--PUBLIC NAUTICAL SCHOOL SHIPS
103. The authority citation for part 167 continues to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 8105; 46 U.S.C. App. 1295g; 49
CFR 1.46.
104. Section 167.05-25 is revised to read as follows:
Sec. 167.05-25 Nautical school ship.
The term nautical school ship means a vessel operated by or in
connection with a nautical school or an educational institution under
Section 13 of the Coast Guard Authorization Act of 1986.
105. Section 167.05-35 is added to read as follows:
Sec. 167.05-35 Public nautical school.
The term public nautical school means any school or branch thereof
operated by any State or political subdivision thereof or a school
operated by the United States Maritime Administration that offers
instruction for the primary purpose of training for service in the
merchant marine.
106. Section 167.15-28 is added to read as follows:
Sec. 167.15-28 Inspection of lifesaving appliances and arrangements.
The inspection of lifesaving appliances and arrangements must be in
accordance with the requirements for special purpose vessels in
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
107. Section 167.35-1 is revised to read as follows:
Sec. 167.35-1 General.
Lifesaving appliances and arrangements on nautical school ships
must be in accordance with the requirements for special purpose vessels
in subchapter W (Lifesaving Appliances and Arrangements) of this
chapter.
Secs. 167.35-2, 167.35-3, 167.35-5, 167.35-10, 167.35-15, 167.35-20,
167.35-25, 167.35-30, 167.35-35, 167.35-40, 167.35-45, 167.35-50,
167.35-60, 167.35-65, 167.35-70, 167.35-72, 167.35-75, 167.35-80,
167.35-85, 167.35-90 [Removed]
108. Sections 167.35-2, 167.35-3, 167.35-5, 167.35-10, 167.35-15,
167.35-20, 167.35-25, 167.35-30, 167.35-35, 167.35-40, 167.35-45,
167.35-50, 167.35-60, 167.35-65, 167.35-70, 167.35-72, 167.35-75,
167.35-80, 167.35-85, and 167.35-90 are removed.
109. In Sec. 167.55-5, the section heading and paragraph (j) are
revised and the note at the end of the section is removed to read as
follows:
Sec. 167.55-5 Marking of fire and emergency equipment.
* * * * *
(j) Lifesaving appliances. Each lifesaving appliance must be marked
as required under subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
* * * * *
110. Section 167.65-1 is revised to read as follows:
Sec. 167.65-1 Emergency training, musters, and drills.
Onboard training, musters, and drills must be in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
Sec. 167.65-55 [Removed]
111. Section 167.65-55 is removed.
PART 168--CIVILIAN NAUTICAL SCHOOL VESSELS
112. The authority citation for part 168 continues to read as
follows:
Authority: 46 U.S.C. 3306; 46 U.S.C. App. 1295g; 49 CFR 1.46.
113. Section 168.05-5 is revised to read as follows:
[[Page 25312]]
Sec. 168.05-5 Application of passenger vessel inspection regulations.
Where the requirements are not covered specifically in this part,
all the regulations applying to passenger vessels in subchapters E
(Load Lines), F (Marine Engineering), H (Passenger Vessels), J
(Electrical Engineering), K (Small Passenger Vessels Carrying More Than
150 Passengers Or With Overnight Accommadations For More Than 49
Passengers), P (Manning), Q (Specifications), T (Small Passenger
Vessels), and W (Lifesaving Appliances and Arrangements) of this
chapter are hereby made applicable to all vessels or other floating
equipment used by or in connection with any civilian nautical school,
whether such vessels or other floating equipment are being navigated or
not, except vessels of the Navy or Coast Guard.
114. Section 168.10-1 is revised to read as follows:
Sec. 168.10-1 Nautical school vessels.
The term nautical school vessel means a vessel operated by or in
connection with a nautical school or an educational institution under
Section 13 of the Coast Guard Authorization Act of 1986.
115. Section 168.10-5 is revised to read as follows:
Sec. 168.10-5 Civilian nautical school.
The term civilian nautical school means any school or branch
thereof operated and conducted in the United States, except State
nautical schools and schools operated by the United States or any
agency thereof, which offers instruction for the primary purpose of
training for service in the merchant marine.
SUBCHAPTER U--OCEANOGRAPHIC RESEARCH VESSELS
PART 188--GENERAL PROVISIONS
116. The authority citation for part 188 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
117. In Sec. 188.05-10, paragraph (d) is revised to read as
follows:
Sec. 188.05-10 Application to vessels on an international voyage.
* * * * *
(d) The Commandant or his authorized representative may exempt any
vessel from the construction requirements of this subchapter if the
vessel does not proceed more than 20 nautical miles from the nearest
land in the course of its voyage.
Sec. 188.10-52 [Removed]
118. Section 118.10-52 is removed.
119. Section 118.10-53 is revised to read as follows:
Sec. 188.10-53 Oceanographic research vessel.
The term oceanographic research vessel means a vessel that the
Secretary finds is being employed only in instruction in oceanography
or limnology, or both, or only in oceanographic or limnological
research, including those studies about the sea such as seismic,
gravity meter, and magnetic exploration and other marine geophysical or
geological surveys, atmospheric research, and biological research.
120. Subpart 188.27 is added to read as follows:
Subpart 188.27--Lifesaving Appliances and Arrangements
Sec.
188.27-1 Lifesaving appliances and arrangements.
Subpart 188.27--Lifesaving Appliances and Arrangements
Sec. 188.27-1 Lifesaving appliances and arrangements.
All lifesaving appliances and arrangements shall be in accordance
with the requirements for special purpose vessels in subchapter W
(Lifesaving Appliances and Arrangements) of this chapter.
PART 189--INSPECTION AND CERTIFICATION
121. The authority citation for part 189 continues to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; 49 CFR 1.46.
122. Section 189.15-1 is revised to read as follows:
Sec. 189.15-1 Standards in inspection of hulls, boilers, and
machinery.
In the inspection of hulls, boilers, and machinery of vessels, the
standards established by the American Bureau of Shipping, see part 188,
subpart 188.35 of this chapter, respecting material and construction of
hulls, boilers, and machinery, and certificate of classification
referring thereto, except where otherwise provided for by the rules and
regulations in this subchapter, subchapter E (Load Lines), subchapter F
(Marine Engineering), subchapter J (Electrical Engineering), and
subchapter W (Lifesaving Appliances and Arrangements) of this chapter
shall be accepted as standard by the inspectors.
123. In Sec. 189.20-20, paragraph (a) is redesignated as
introductory text, and paragraphs (a)(1), (2), (3), and (4) are
redesignated as paragraphs (a) through (d) and newly redesignated
paragraph (a) is revised to read as follows:
Sec. 189.20-20 Specific tests and inspections.
* * * * *
(a) For inspection procedures of lifesaving appliances and
arrangements, see subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
* * * * *
124. Section 189.25-15 is revised to read as follows:
Sec. 189.25-15 Lifesaving equipment.
For inspection procedures of lifesaving appliances and
arrangements, see subchapter W (Lifesaving Appliances and Arrangements)
of this chapter.
PART 192--[REMOVED]
125. Part 192 is removed.
PART 195--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
126. The authority citation for part 195 continues to read as
follows:
Authority: 46 U.S.C. 2113, 3306; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
127. Subpart 195.06 is added to read as follows:
Subpart 195.06--Lifesaving Appliances and Arrangements
Sec.
195.06-1 Lifesaving appliances and arrangements.
Subpart 195.06--Lifesaving Appliances and Arrangements
Sec. 195.06-1 Lifesaving appliances and arrangements.
All lifesaving appliances and arrangements shall be in accordance
with the requirements for special purpose vessels in subchapter W
(Lifesaving Appliances and Arrangements) of this chapter.
PART 196--OPERATIONS
128. The authority citation for part 196 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101;
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
129. Section 196.13-1 is revised to read as follows:
[[Page 25313]]
Sec. 196.13-1 Muster lists, emergency signals, and manning.
The requirements for muster lists, emergency signals, and manning
must be in accordance with subchapter W (Lifesaving Appliances and
Arrangements) of this chapter.
Secs. 196.13-5, 196-13.10, 196.13-15, 196.13-20 [Removed]
130. Sections 196.13-5 196.13-10, 196.13-15 and 196.13-20 are
removed.
Subpart 196.14--[Removed]
131. Subpart 196.14 is removed.
Sec. 196.15-25 [Removed]
132. Section 196.15-25 is removed.
133. Section 196.15-35 is revised to read as follows:
Sec. 196.15-35 Emergency training, musters, and drills.
Onboard training, musters, and drills must be in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
Secs. 196.15-37, 196.15-40, 196.15-45, 196.15-50, 196.15-65, 196.15-70
[Removed]
134. Sections 196.15-37, 196.15-40, 196.15-45, 196.15-50, 196.15-
65, and 196.15-70 are removed.
135. In Sec. 196.35-5, paragraphs (a)(6) and (a)(8) are removed,
paragraph (a) is redesignated as introductory text, and paragraphs
(a)(1), (2), (3), (4), (5), (7), (9), (10), (11), (12), and (13) are
redesignated as paragraphs (a) through (k) and newly designated
paragraph (a) is revised to read as follows:
Sec. 196.35-5 Actions required to be logged.
* * * * *
(a) Onboard training, musters, and drills: held in accordance with
subchapter W (Lifesaving Appliances and Arrangements) of this chapter.
* * * * *
136. Section 196.37-37 is revised to read as follows:
Sec. 196.37-37 Markings for lifesaving appliances, instructions to
passengers, and stowage locations.
Lifesaving appliances, instructions to passengers, and stowage
locations must be marked in accordance with subchapter W (Lifesaving
Appliances and Arrangements) of this chapter.
Secs. 196.37-40, 196.37-43, 196.37-49 [Removed]
137. Sections 196.37-40, 196.37-43, and 196.37-49 are removed.
Subpart 196.39--[Removed]
138. Subpart 196.39 is removed.
Subpart 196.90--[Removed]
139. Subpart 196.90 is removed.
140. Subchapter W, consisting of part 199, is added to read as
follows:
SUBCHAPTER W--LIFESAVING APPLIANCES AND ARRANGEMENTS
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
Subpart A--General
Sec.
199.01 Purpose.
199.03 Relationship to international standards.
199.05 Incorporation by reference.
199.07 Additional equipment and requirements.
199.09 Equivalents.
199.10 Applicability.
199.20 Exemptions.
199.30 Definitions.
199.40 Evaluation, testing and approval of lifesaving appliances
and arrangements.
199.45 Tests and inspections of lifesaving equipment and
arrangements.
Subpart B--Requirements for All Vessels
199.60 Communications.
199.70 Personal lifesaving appliances.
199.80 Muster list and emergency instructions.
199.90 Operating instructions.
199.100 Manning of survival craft and supervision.
199.110 Survival craft muster and embarkation arrangements.
199.120 Launching stations.
199.130 Stowage of survival craft.
199.140 Stowage of rescue boats.
199.145 Marine evacuation system launching arrangements.
199.150 Survival craft launching and recovery arrangements;
general.
199.153 Survival craft launching and recovery arrangements using
falls and a winch.
199.155 Lifeboat launching and recovery arrangements.
199.157 Free-fall lifeboat launching and recovery arrangements.
199.160 Rescue boat embarkation, launching and recovery
arrangements.
199.170 Line-throwing appliance.
199.175 Survival craft and rescue boat equipment.
199.176 Markings on lifesaving appliances.
199.178 Marking of stowage locations.
199.180 Training and drills.
199.190 Operational readiness, maintenance and inspection of
lifesaving equipment.
Subpart C--Additional Requirements for Passenger Vessels
199.200 General.
199.201 Survival craft.
199.202 Rescue boats.
199.203 Marshalling of liferafts.
199.211 Lifebuoys.
199.212 Lifejackets.
199.214 Immersion suits and thermal protective aids.
199.217 Muster list and emergency instructions.
199.220 Survival craft and rescue boat embarkation arrangements.
199.230 Stowage of survival craft.
199.240 Muster stations.
199.245 Survival craft embarkation and launching arrangements.
199.250 Drills.
Subpart D--Additional Requirements for Cargo Vessels
199.260 General.
199.261 Survival craft.
199.262 Rescue boats.
199.271 Lifebuoys.
199.273 Immersion suits.
199.280 Survival craft embarkation and launching arrangements.
199.290 Stowage of survival craft.
Subpart E--Additional Requirements for Vessels Not Subject to SOLAS
199.500 General.
199.510 EPIRB requirements.
199.520 Lifeboat requirements.
Subpart F--Exemptions and Alternatives for Vessels Not Subject to SOLAS
199.600 General.
199.610 Exemptions for vessels in specified services.
199.620 Alternatives for all vessels in a specified service.
199.630 Alternatives for passenger vessels in a specified service.
199.640 Alternatives for cargo vessels in a specified service.
Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.
Subpart A--General
Sec. 199.01 Purpose.
(a) This part sets out the requirements for lifesaving appliances
and arrangements for all inspected U.S. vessels except for--
(1) Offshore supply vessels, which are covered by subchapter L of
this chapter;
(2) Mobile Offshore Drilling Units (MODU), which are covered by
subchapter I-A of this chapter;
(3) Small passenger vessels, which are covered by subchapters K and
T of this chapter; and
(4) Sailing school vessels, which are covered by part 169 of this
chapter.
(b) This subpart and subparts B, C, and D of this part set out the
requirements for vessels on international voyages that are subject to
the International Convention for the Safety of Life at Sea, 1974, and
its Protocol of 1978, as amended (SOLAS).
(c) Subparts E and F of this part set out additional requirements,
alternatives, and exemptions for vessels that are not subject to SOLAS.
Sec. 199.03 Relationship to international standards.
(a) This subpart and subparts B, C, and D of this part are based on
Chapter III, SOLAS. Section numbers in this subpart and subparts B, C,
and D of this part are generally related to the
[[Page 25314]]
regulation numbers in Chapter III, SOLAS, but paragraph designations
are not related to the numbering in Chapter III, SOLAS. To find the
corresponding Chapter III, SOLAS regulation for this subpart and
subparts B, C, and D of this part, beginning with Sec. 199.10, divide
the section number following the decimal point by 10.
(b) For purposes of this part, any vessel carrying a valid
Passenger Ship Safety Certificate supplemented by a Record of
Equipment, or a valid Cargo Ship Safety Equipment Certificate
supplemented by a Record of Equipment, is considered to have met the
requirements of this part if the equipment meets Sec. 199.40 and if, in
addition to the requirements of SOLAS Chapter III, the vessel meets the
following requirements:
(1) Each new lifeboat and launching appliance on a tank vessel may
be of aluminum construction only if its stowage location is protected
with a water spray system in accordance with Sec. 199.290(b).
(2) Each child-size lifejacket and immersion suit must be
appropriately marked and stowed separately from adult or extended-size
devices as required in Sec. 199.70(b)(2).
(3)
FR Doc. 96-11777 Lifesaving Equipment
Each lifejacket and immersion suit must be marked with the
vessel's name in accordance with Secs. 199.70 (b)(3) and (c)(3).
(4) Inflatable lifejackets, if carried, must be of the same or
similar design as required by Sec. 199.70(b).
(5) Containers for lifejackets, immersions suits, and anti-exposure
suits must be marked as specified in Sec. 199.70(d).
(6) Instructions for passengers must include illustrated
instructions on the method of donning lifejackets as required in
Sec. 199.80(c)(5).
(7) Each liferaft must be arranged to permit it to drop into the
water from the deck on which it is stowed as required in
Sec. 199.130(c)(3).
(8) Lifeboats and rescue boats must be arranged to allow safe
disembarkation onto the vessel after a drill in accordance with
Sec. 199.110(h).
(9) The requirements for guarding of falls in Secs. 199.153 (d) and
(f) must be met.
(10) The winch drum requirements described in Sec. 199.153(e) must
be met for all survival craft winches, not just multiple drum winches.
(11) The maximum lowering speed requirements for launching
arrangements using falls and a winch in Secs. 199.153 (i) and (j) must
be met.
(12) An auxiliary line must be kept with each line-throwing
appliance in accordance with Sec. 199.170(c)(2).
(13) Immersion suits must be carried on all cargo vessels except
those operating between the 32 degrees north and 32 degrees south
latitude in accordance with Sec. 199.273.
(14) Vessels carrying immersion suits must conduct drills in
accordance with Secs. 199.180 (d)(11) and (d)(12).
(c) The certificates in paragraph (b) of this section will be
accepted as proof of compliance with the requirements in this part
unless the Officer in Charge, Marine Inspection (OCMI), determines
that--
(1) The condition of the vessel or of its equipment does not
correspond substantially with the particulars of its certificates; or
(2) The vessel and its equipment have not been maintained in
conformance with the provisions of the regulations in this part.
Sec. 199.05 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of change in the Federal Register; and the material must
be available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard,
Lifesaving and Fire Safety Branch (G-MSE-4), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
American Society for Testing and Materials (ASTM)
1916 Race Street, Philadelphia, PA 1903
ASTM D93-94, Flash Point by Pennsky-Martens Closed 199.261; 199.290
Cup Tester.
ASTM F1003, Standard Specification for 199.175
Searchlights on Motor Lifeboats, 1986 (Reapproved
1992).
ASTM F1014, Standard Specification for Flashlights 199.175
on Vessels, 1986.
International Maritime Organization (IMO)
4 Albert Embankment, London, SE1 7SR, England
MSC Circular 699, Revised Guidelines for Passenger 199.217
Safety Instructions, 17 July 1995.
Resolution A.520(13), Code of Practice for the 199.40
Evaluation, Testing and Acceptance of Prototype
Novel Life-saving Appliances and Arrangements, 17
November 1983.
Resolution A.657(16), Instructions for Action in 199.175
Survival Craft, 19 November 1989.
Resolution A.658(16), Use and Fitting of Retro- 199.70; 199.176
reflective Materials on Life-saving Appliances,
20 November 1989.
Resolution A.760(18), Symbols Related to Life- 199.70; 199.90
saving Appliances and Arrangements, 17 November
1993.
Resolution MSC.4(48), International Code for the 199.30; 199.280
Construction and Equipment of Ships carrying
Dangerous Chemicals in Bulk (IBC Code), 1994.
Resolution MSC.5(48), International Code for the 199.30; 199.280
Construction and Equipment of Ships carrying
Liquefied Gases in Bulk, (IGC Code), 1993.
Sec. 199.07 Additional equipment and requirements.
The OCMI may require a vessel to carry specialized or additional
lifesaving equipment other than as required in this part if the OCMI
determines that the conditions of a voyage present uniquely hazardous
circumstances that are not adequately addressed by existing
requirements.
Sec. 199.09 Equivalents.
When this part requires a particular fitting, material, or
lifesaving appliance or arrangement, the Commandant (G-MSE) may accept
any other fitting, material, or lifesaving appliance or arrangement
that is at least as effective as that required by this part. The
Commandant may require engineering evaluations and tests to determine
the equivalent effectiveness of the substitute fitting, material, or
lifesaving appliance or arrangement.
[[Page 25315]]
Sec. 199.10 Applicability.
(a) Unless expressly provided otherwise in this Chapter, this part
applies to all inspected U.S. flag vessels.
(b) This part does not apply to nonself-propelled vessels without
accommodations or work stations on board, and unless otherwise required
by this chapter, does not apply to offshore supply vessels, mobile
offshore drilling units, small passenger vessels, and sailing school
vessels.
(c) For purposes of the application of this part, a cargo vessel,
whenever built, which is converted to a passenger vessel is deemed to
be a passenger vessel that is constructed on the date on which the
conversion commences.
(d) This subpart and subparts B, C, and D of this part apply to
vessels engaged on international voyages, except--
(1) Cargo vessels of less than 500 tons gross tonnage;
(2) Vessels not propelled by mechanical means;
(3) Wooden vessels of primitive build; and
(4) Vessels solely navigating the Great Lakes of North America and
the River Saint Lawrence as far east as a straight line drawn from Cap
des Rosiers to West Point, Anticosti Island and, on the north side
Anticosti Island, the 63rd meridian.
(e) Vessels engaged on international voyages which were constructed
before July 1, 1986, must meet the requirements of
Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190
(paragraph (b) applies as much as practicable), 199.214, 199.217,
199.250, 199.261 (b)(2) and (e), and 199.273, and must fit retro-
reflective material on all floating appliances, lifejackets and
immersion suits. Except for the requirements of Secs. 199.261 (b)(2)
and (e), vessels may retain the number, type, and arrangement of
lifesaving appliances previously required and approved for the vessel,
as long as the arrangement or appliance is maintained in good condition
to the satisfaction of the OCMI.
(f) For the purposes of this part, the following vessels must meet
the requirements for passenger vessels:
(1) Passenger vessels.
(2) Special purpose vessels carrying more than 50 special
personnel.
(3) Special purpose vessels carrying not more than 50 special
personnel if the vessels meet the structural fire protection
requirements in subchapter H of this chapter for passenger vessels of
the same size.
(g) For the purposes of this part, the following vessels must meet
the requirements for cargo vessels:
(1) Cargo vessels.
(2) Tank vessels.
(3) Special purpose vessels carrying not more than 50 special
personnel that do not meet the structural fire protection requirements
in subchapter H of this chapter for passenger vessels of the same size.
(h) (1) Passenger vessels on international voyages must meet the
requirements of this subpart and subparts B and C of this part.
(2) Cargo vessels on international voyages must meet the
requirements of this subpart and subparts B and D of this part.
(3) The provisions for passenger vessels on short international
voyages in this subpart and subparts B and C of this part do not apply
to special purpose vessels described in paragraphs (f) (2) and (3) of
this section.
(i) Vessels not on international voyages and vessels listed in
paragraph (d) of this section must meet the requirements of this
subpart and subparts B, C, D, and E of this part unless otherwise
exempted or permitted by subpart F of this part.
(1) Vessels on other than international voyages and vessels listed
in paragraph (d) of this section which were constructed prior to
October 1, 1996, must--
(i) By October 1, 1997, meet the requirements of
Secs. 199.70(b)(4)(i), 199.80, 199.90, 199.100, 199.180, 199.190
(paragraph (b) applies as much as practicable), 199.217, 199.250,
199.273, and 199.510, and fit retro-reflective material on all floating
appliances, lifejackets and immersion suits;
(ii) By October 1, 2001, passenger vessels must carry the number
and type of survival craft specified in table 199.630 of this part and
cargo vessels in oceans and coastwise service must carry the number and
type of survival craft specified in Sec. 199.261 (b)(2) and (e);
(iii) By October 1, 2001, passenger vessels must carry the
immersion suits and thermal protective aids specified in Sec. 199.214;
and
(iv) Except for the requirements in paragraphs (i)(1)(ii) and
(i)(1)(iii) of this section, vessels may retain the arrangement of
lifeboats, lifeboat davits, winches, inflatable liferafts, liferaft
launching equipment, rescue boats, lifefloats, and buoyant apparatus
previously required and approved for the vessel, as long as the
arrangement or appliance is maintained in good condition to the
satisfaction of the OCMI.
(2) This paragraph does not apply to public vessels.
(j) When any lifesaving appliance or arrangement on a vessel
subject to this part is replaced, or when the vessel undergoes repairs,
alterations or modifications of a major character involving replacement
of, or any addition to, the existing lifesaving appliance or
arrangements, each new lifesaving appliance and arrangement must meet
the requirements of this part, unless the OCMI determines that the
vessel cannot accommodate the new appliance or arrangement, except
that--
(1) A survival craft is not required to meet the requirements of
this part if it is replaced without replacing its davit and winch; and
(2) A davit and its winch are not required to meet the requirements
of this part if one or both are replaced without replacing the survival
craft.
(k) No extensive repairs or alterations, except in an emergency,
may be made to a lifesaving appliance without advance notification to
the OCMI. Insofar as possible, each repair or alteration must be made
with material and tested in the manner specified in this subchapter and
applicable to the new construction requirements in subchapter Q of this
chapter. Emergency repairs or alterations must be reported as soon as
practicable to the OCMI, where the vessel may call after such repairs
are made. Lifeboats, rescue boats, or rigid liferafts may not be
reconditioned for use on a vessel other than the one they were
originally built for, unless specifically accepted by the OCMI.
Sec. 199.20 Exemptions.
(a) Vessels engaged on international voyages. (1) The following
types of vessels engaged on international voyages may request an
exemption from Commandant (G-MCO) from requirements of this part:
(i) A vessel for which the sheltered nature and conditions of an
international voyage would render the application of any specific
requirements of this part unreasonable or unnecessary and which in the
course of the voyage does not proceed more than 20 miles from the
nearest land.
(ii) A vessel embodying features of a novel kind to which the
application of any provision of this part would seriously impede
research into the development of such features and their incorporation
on vessels engaged on international voyages.
(2) A written request for exemption under this section must be
submitted to the cognizant OCMI for review and forwarding to Commandant
(G-MCO).
(b) Single voyage exemption from SOLAS requirements. A vessel that
is not normally engaged on international voyages, but which, under
exceptional
[[Page 25316]]
circumstances, is required to undertake a single international voyage,
may be exempted from the applicable requirements in this subpart and
subparts B, C, and D of this part by the Commandant (G-MCO). A written
request for exemption under this paragraph must be submitted to the
cognizant OCMI for review and forwarding to Commandant (G-MCO).
(c) Exemption Certificates. When Commandant (G-MCO) grants an
exemption under paragraph (a) or (b) of this section, an Exemption
Certificate describing the exemption will be issued by the appropriate
OCMI. The Exemption Certificate must be carried on board the vessel at
all times and must be available to Coast Guard personnel upon request.
(d) Vessels not engaged on international voyages. (1) If a District
Commander determines that the overall safety of the persons on board a
vessel will not be significantly reduced, the District Commander may
grant an exemption from compliance with a provision of this part to a
specific vessel for a specified geographic area within the boundaries
of the Coast Guard District. This exemption may be limited to certain
periods of the year.
(2) Requests for exemption under this paragraph must be made in
writing to the OCMI for transmission to the district Commander for the
area in which the vessel is in service or will be in service.
(3) If the exemption is granted by the District Commander, the OCMI
will endorse the vessel's Certificate of Inspection with a statement
describing the exemption.
Sec. 199.30 Definitions.
The following definitions apply to this part:
Accommodation means a cabin, or other covered or enclosed place,
intended to be occupied by persons. Each place in which passengers and
special personnel is carried is considered an accommodation, whether or
not it is covered or enclosed. Accommodations include, but are not
limited to halls, dining rooms, mess rooms, lounges, corridors,
lavatories, cabins, offices, hospitals, cinemas, game and hobby rooms,
and other similar places open to persons on board.
Anti-exposure suit means a protective suit designed for use by
rescue boat crews and marine evacuation system parties.
Approval series means the first six digits of a number assigned by
the Coast Guard to approved equipment. Where approval is based on a
subpart of subchapter Q of this chapter, the approval series
corresponds to the number of the subpart. A listing of approved
equipment, including all of the approval series, is published
periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3
series), available from the Superintendent of Documents.
Approved means carrying an approval granted by the Commandant under
subchapter Q of this chapter.
Cargo vessel means any vessel that is not a passenger vessel.
Certificated person means a person holding a U.S. merchant
mariner's document with an endorsement as a lifeboatman or another
inclusive rating under part 12 of this chapter.
Child, for the purpose of determining the number of lifejackets
required under this part, means a person less than 41 kilograms (90
pounds) in mass.
Civilian nautical school means any school or branch thereof
operated and conducted in the United States, except State nautical
schools and schools operated by the United States or any agency
thereof, which offers instruction for the primary purpose of training
for service in the merchant marine.
Coastwise voyage means a voyage on the waters of any ocean or the
Gulf of Mexico no more than 20 nautical miles offshore.
Commandant means the Commandant of the U.S. Coast Guard.
Crew means all persons carried on board the vessel to provide
navigation and maintenance of the vessel, its machinery, systems, and
arrangements essential for propulsion and safe navigation or to provide
services for other persons on board.
District Commander means an officer of the U.S. Coast Guard
designated by the Commandant to command all Coast Guard activities
within a Coast Guard District. Coast Guard Districts are described in
33 CFR part 2.
Detection means the determination of the location of survivors or
survival craft.
Embarkation ladder means the ladder provided at survival craft
embarkation stations to permit safe access to survival craft after
launching.
Embarkation station means the place where a survival craft is
boarded.
Extended-size lifejacket means a lifejacket that is approved for
use by adults as well as by some larger children.
Ferry means a vessel as described in Sec. 70.10-15 of this chapter.
Float-free launching means that method of launching a survival
craft or lifesaving appliance whereby the craft or appliance is
automatically released from a sinking vessel and is ready for use.
Free-fall launching means that method of launching a survival craft
whereby the craft, with its full complement of persons and equipment on
board, is released and allowed to fall into the sea without any
restraining apparatus.
Immersion suit means a protective suit that reduces loss of body
heat of a person wearing it in cold water.
Inflatable appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is normally kept uninflated
until ready for use.
Inflated appliance means an appliance that depends upon nonrigid,
gas-filled chambers for buoyancy and that is kept inflated and ready
for use at all times.
International voyage means a voyage from the United States to a
port outside the United States or conversely; or, a voyage originating
and terminating at ports outside the United States. Voyages between the
continental United States and Hawaii or Alaska, and voyages between
Hawaii and Alaska, shall be considered international voyages for the
purposes of this part.
Lakes, bays, and sounds means the waters of any lakes, bays, or
sounds other than the waters of the Great Lakes.
Launching appliance or launching arrangement means the method or
devices designed to transfer a survival craft or rescue boat from its
stowed position to the water. For a launching arrangement using a
davit, the term includes the davit, winch, and falls.
Length of vessel, means the load-line length defined in Sec. 42.13-
15(a) of this chapter.
Lifejacket means a flotation device approved as a life preserver or
lifejacket.
Major character means any repair, alteration or modification to a
vessel that is a major conversion as decided by the Commandant (G-MCO).
Major conversion means a conversion of a vessel that--
(a) Substantially changes the dimensions or carrying capacity of
the vessel;
(b) Changes the type of the vessel;
(c) Substantially prolongs the life of the vessel; or
(d) Otherwise so changes the vessel that it is essentially a new
vessel.
Marine evacuation system means an appliance designed to rapidly
transfer large numbers of persons from an embarkation station by means
of a passage to a floating platform for subsequent embarkation into
associated survival craft, or directly into associated survival craft.
Mobile offshore drilling unit (MODU) means a vessel capable of
engaging in
[[Page 25317]]
drilling operations for the exploration or exploitation of subsea
resources.
Muster station means the place where persons on board assemble
before boarding a survival craft.
Nautical school vessel means a vessel operated by or in connection
with a nautical school or an educational institution under Section 13
of the Coast Guard Authorization Act of 1986.
Novel lifesaving appliance or arrangement means a lifesaving
appliance or arrangement that has new features not fully covered by the
provisions of this part but that provides an equal or higher standard
of safety.
Ocean means the waters of any ocean or the Gulf of Mexico more than
20 nautical miles offshore.
Oceanographic research vessel means a vessel that the Secretary
finds is being employed only in instruction in oceanography or
limnology, or both, or only in oceanographic or limnological research,
including those studies about the sea such as seismic, gravity meter,
and magnetic exploration and other marine geophysical or geological
surveys, atmospheric research, and biological research.
Officer in Charge, Marine Inspection (OCMI), means a Coast guard
Officer responsible for marine inspection functions in a Marine
Inspection Zone. Marine Inspection Zones are described in 33 CFR part
2.
Passenger means--
(a) On an international voyage, every person other than--
(1) The master and the members of the crew or other persons
employed or engaged in any capacity on board a vessel on the business
of that vessel; and
(2) A child under 1 year of age.
(b) On other than an international voyage, an individual carried on
the vessel, except--
(1) The owner or an individual representative of the owner or, in
the case of a vessel under charter, an individual charterer or
individual representative of the charterer;
(2) The master; or
(3) A member of the crew engaged in the business of the vessel who
has not contributed consideration for carriage and who is paid for
onboard services.
Passenger for hire means a passenger for whom consideration is
contributed as a condition of carriage on the vessel, whether directly
or indirectly flowing to the owner, charterer, operator, agent, or any
other person having an interest in the vessel.
Passenger vessel means--
(a) On an international voyage, a vessel of at least 100 tons gross
tonnage carrying more than 12 passengers; and
(b) On other than an international voyage, a vessel of at least 100
tons gross tonnage--
(1) Carrying more than 12 passengers, including at least one
passenger for hire; or
(2) That is chartered and carrying more than 12 passengers.
Public nautical school means any school or branch thereof operated
by any State or political subdivision thereof or a school operated by
the United States Maritime Administration that offers instruction for
the primary purpose of training for service in the merchant marine.
Public vessel means a vessel that--
(a) Is owned, or demise chartered, and operated by the U.S.
Government or a government of a foreign country including a vessel
operated by the Coast Guard or Saint Lawrence Seaway Development
Corporation, but not a vessel owned or operated by the Department of
Transportation or any corporation organized or controlled by the
Department; and
(b) Is not engaged in commercial service.
Rescue boat means a boat designed to rescue persons in distress and
to marshal survival craft.
Retrieval means the safe recovery of survivors.
Rivers, in relation to vessel service, means operating exclusively
in the waters of rivers and/or canals.
Seagoing condition means the operating condition of the vessel with
the personnel, equipment, fluids, and ballast necessary for safe
operation on the waters where the vessel operates.
Scientific personnel means individuals on board an oceanographic
research vessel only to engage in scientific research, or to instruct
or receive instruction in oceanography or limnology.
Similar stage of construction means the stage at which--
(a) Construction identifiable with a specific vessel begins; and
(b) Assembly of that vessel has commenced comprising at least 50
metric tons (55.1 U.S. tons) or 1 percent of the estimated mass of all
structural material, whichever is less.
Short international voyage is an international voyage in the course
of which a vessel is not more than 200 miles from a port or place in
which the passengers and crew could be placed in safety. Neither the
distance between the last port of call in the country in which the
voyage begins and the final port of destination, nor the return voyage,
may exceed 600 miles. The final port of destination is the last port of
call in the scheduled voyage at which the vessel commences its return
voyage to the country in which the voyage began.
Special personnel means all persons who are not passengers or
members of the crew and who are carried on board a special purpose
vessel in connection with the special purpose of that vessel or because
of special work being carried out aboard that vessel. Special personnel
include--
(a) On oceanographic research vessels, scientific personnel; and
(b) On nautical school vessels, students, cadets, and instructors
who are not members of the crew.
Special purpose vessel means a mechanically self-propelled vessel
which by reason of its function carries on board more than 12 special
personnel including passengers. Special purpose vessels include
oceanographic research vessels and nautical school vessels.
Survival craft means a craft capable of sustaining the lives of
persons in distress from the time of abandoning the vessel on which the
persons were originally carried. The term includes lifeboats,
liferafts, buoyant apparatus, and lifefloats, but does not include
rescue boats.
Tank vessel means a vessel that is constructed or adapted to carry,
or that carries, oil or hazardous material in bulk as cargo or cargo
residue, and that--
(a) Is a vessel of the United States;
(b) Operates on the navigable waters of the United States; or
(c) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States.
Toxic vapor or gas means a product for which emergency escape
respiratory protection is required under Subchapter 17 of the
International Code for the Construction and Equipment of Ships carrying
Dangerous Chemicals in Bulk (IBC Code) and under Subchapter 19 of the
International Code for the Construction and Equipment of Ships carrying
Liquefied Gases in Bulk (IGC Code).
Vessel constructed means a vessel, the keel of which is laid or
which is at a similar stage of construction.
Warm water means water where the monthly mean low water temperature
is normally more than 15 deg.C (59 deg.F).
Sec. 199.40 Evaluation, testing and approval of lifesaving appliances
and arrangements.
(a) Each item of lifesaving equipment required by this part to be
carried on board the vessel must be approved.
(b) Each item of lifesaving equipment carried on board the vessel
in addition to those required by this part must--
(1) Be approved; or
(2) Be accepted by the cognizant OCMI for use on the vessel.
[[Page 25318]]
(c) The Commandant (G-MSE) may accept a novel lifesaving appliance
or arrangement if it provides a level of safety equivalent to the
requirements of this part and the appliance or arrangement--
(1) Is evaluated and tested in accordance with IMO Resolution
A.520(13), Code of Practice for the Evaluation, Testing and Acceptance
of Prototype Novel Life-saving Appliances and Arrangements; or
(2) Has successfully undergone evaluation and tests that are
substantially equivalent to those recommendations.
(d) During the vessel's construction and when any modification to
the lifesaving arrangement is done after construction, a vessel owner
must obtain acceptance of lifesaving arrangements from the Commandant
(G-MSC).
(e) The OCMI may accept substitute lifesaving appliances other than
those required by this part except for--
(1) Survival craft and rescue boats; and
(2) Survival craft and rescue boat launching and embarkation
appliances.
(f) Acceptance of lifesaving appliances and arrangements will
remain in effect unless--
(1) The OCMI deems their condition to be unsatisfactory or unfit
for the service intended; or
(2) The OCMI deems the crew's ability to use and assist others in
the use of the lifesaving appliances or arrangements to be inadequate.
Sec. 199.45 Tests and inspections of lifesaving equipment and
arrangements.
(a) Initial inspection. The initial inspection of lifesaving
appliances and arrangements for certification includes a demonstration
of--
(1) The proper condition and operation of the survival craft and
rescue boat launching appliances at loads ranging from light load to 10
percent overload;
(2) The proper condition and operation of lifeboats and rescue
boats, including engines and release mechanisms;
(3) The proper condition of flotation equipment such as lifebuoys,
lifejackets, immersion suits, work vests, lifefloats, buoyant
apparatus, and associated equipment;
(4) The proper condition of distress signaling equipment, including
emergency position indicating radiobeacons (EPIRB), search and rescue
transponders (SART), and pyrotechnic signaling devices;
(5) The proper condition of line-throwing appliances;
(6) The proper condition and operation of embarkation appliances,
including embarkation ladders and marine evacuation systems;
(7) The ability of the crew to effectively carry out abandon-ship
and fire-fighting procedures; and
(8) The ability to meet the egress and survival craft launching
requirements of this part.
(b) Reinspections. Tests and inspections of the lifesaving
equipment shall be carried out during each inspection for renewal of
certification, and shall include, as applicable, a demonstration of--
(1) The proper condition and operation of the survival craft and
rescue boat launching appliances at loads ranging from light load to
full load, except that any portion of the load test conducted in
connection with replacement or end-for-ending of a fall since the
vessel's last inspection or reinspection, need not be repeated;
(2) The proper condition and operation of lifeboats and rescue
boats, including engines and release mechanisms;
(3) The proper condition of flotation equipment such as lifebuoys,
lifejackets, immersion suits, work vests, lifefloats, buoyant
apparatus, and associated equipment;
(4) The proper servicing of each inflatable liferaft and inflatable
lifejacket has been serviced as required under this chapter;
(5) The proper servicing of each hydrostatic release unit, other
than a disposable hydrostatic release unit, as required under this
chapter; and
(6) The ability of crew to effectively carry out abandon-ship and
fire-fighting procedures.
(c) Other inspections. (1) Lifesaving appliances and arrangements
are subject to tests and inspections described in paragraph (a) of this
section whenever a new lifesaving appliance is installed on the vessel.
The test in paragraph (a)(1) of this section must be carried out
whenever a wire fall for a launching appliance is replaced or turned
end-for-end.
(2) Lifesaving appliances and arrangements are subject to tests and
inspections described in paragraph (b) of this section during vessel
boardings to ensure that the appliances and arrangements comply with
applicable requirements, are in satisfactory condition, and remain fit
for the service.
Subpart B--Requirements for All Vessels
Sec. 199.60 Communications.
(a) Radio lifesaving appliances. Radio lifesaving appliance
installations and arrangements must meet the requirements of 47 CFR
part 80.
(b) Emergency position indicating radiobeacons (EPIRB) and search
and rescue transponders (SART). Each EPIRB and SART should have the
name of the vessel plainly marked or painted on its label, except for
EPIRBs or SARTs in an inflatable liferaft or permanently installed in a
survival craft.
(c) Distress signals. Each vessel must--
(1) Carry not less than 12 rocket parachute flares approved under
approval series 160.136; and
(2) Stow the flares on or near the vessel's navigating bridge.
(d) Onboard communications and alarm systems. Each vessel must meet
the requirements for onboard communications between emergency control
stations, muster and embarkation stations, and strategic positions on
board. Each vessel must also meet the emergency alarm system
requirements in subchapter J of this chapter, which must be
supplemented by either a public address system or other suitable means
of communication.
Sec. 199.70 Personal lifesaving appliances.
(a) Lifebuoys. Each vessel must carry lifebuoys approved under
approval series 160.150 as follows:
(1) Stowage. Lifebuoys must be stowed as follows:
(i) Each lifebuoy must be capable of being rapidly cast loose.
(ii) No lifebuoy may be permanently secured to the vessel in any
way.
(iii) Each lifebuoy stowage position must be marked with either the
words ``LIFEBUOY'' or ``LIFE BUOY'', or with the appropriate symbol
from IMO Resolution A.760(18).
(iv) Lifebuoys must be so distributed as to be readily available on
each side of the vessel and, as far as practicable, on each open deck
extending to the side of the vessel. At least one lifebuoy must be
located near the stern of the vessel. The lifebuoys with attached self-
igniting lights must be equally distributed on both sides of the
vessel.
(v) At least two lifebuoys, each with attached self-activating
smoke signals, must be stowed where they can be quickly released from
the navigating bridge and should, when released, fall directly into the
water without striking any part of the vessel.
(2) Markings. Each lifebuoy must be marked in block capital letters
with the name of the vessel and the name of the port required to be
marked on the stern of the vessel under Sec. 67.13 of this chapter.
(3) Attachments and fittings. Lifebuoys must have the following
attachments and fittings:
[[Page 25319]]
(i) At least one lifebuoy on each side of the vessel fitted with a
buoyant lifeline that is--
(A) At least as long as twice the height where it is stowed above
the waterline with the vessel in its lightest seagoing condition, or 30
meters (100 feet) in length, whichever is the greater;
(B) Non-kinking;
(C) Not less than 8 millimeters (\5/16\ inch) in diameter;
(D) Of a breaking strength which is not less than 5 kiloNewtons
(1,124 pounds-force); and
(E) Is, if synthetic, a dark color or certified by the manufacturer
to be resistant to deterioration from ultraviolet light.
(ii) At least one-half the total number of lifebuoys on the vessel
must each be fitted with a self-igniting light approved under approval
series 161.010. The self-igniting light may not be attached to the
lifebuoys required by this section to be fitted with lifelines.
(iii) At least two lifebuoys on the vessel must be fitted with a
self-activating smoke signal approved under approval series 160.157.
Lifebuoys fitted with smoke signals must also be fitted with lights.
(b) Lifejackets. Each vessel must carry lifejackets approved under
approval series 160.155, 160.176 or 160.177. If the vessel carries
inflatable lifejackets, they must be of the same or similar design and
have the same method of operation.
(1) General. Each vessel must carry a lifejacket for each person on
board, and in addition--
(i) A number of lifejackets suitable for children equal to at least
10 percent of the total number of passengers on board must be provided,
or such greater number as may be required to provide a lifejacket of
suitable size for each person smaller than the lower size limit of the
adult-size lifejacket; and
(ii) A sufficient number of lifejackets must be carried for persons
on watch and for use at remotely located survival craft stations.
(2) Stowage. Lifejackets must be stowed as follows:
(i) The lifejackets must be readily accessible.
(ii) The child-size lifejackets must be stowed separately from the
adult lifejackets.
(iii) The lifejackets stowage positions must be marked with the
words ``LIFEJACKETS'' or ``CHILD LIFEJACKETS'' as appropriate, or with
the appropriate symbol from IMO Resolution A.760(18).
(iv) The additional lifejackets for persons on watch required by
paragraph (b)(1)(ii) of this section must be stowed on the bridge, in
the engine control room, and at other manned watch stations.
(v) Where, due to the particular arrangements of the vessel, the
lifejackets required by paragraph (b) of this section may become
inaccessible, alternative provisions must be made to the satisfaction
of the OCMI that may include an increase in the number of lifejackets
to be carried.
(3) Markings. Each lifejacket must be marked--
(1) In block capital letters with the name of the vessel; and
(ii) With Type I retro-reflective material approved under approval
series 164.018. The arrangement of the retro-reflective material must
meet IMO Resolution A.658(16).
(4) Attachments and fittings. Lifejackets must have the following
attachments and fittings:
(i) Each lifejacket must have a lifejacket light approved under
approval series 161.112 securely attached to the front shoulder area of
the lifejacket.
(ii) Each lifejacket must have a whistle firmly secured by a cord
to the lifejacket.
(c) Rescue boat and marine evacuation system immersion suits or
anti-exposure suits. (1) General. Each vessel, except vessels operating
on routes between 32 degrees north latitude and 32 degrees south
latitude, must carry immersion suits approved under approval series
160.171 or anti-exposure suits approved under approval series 160.153
of suitable size for each person assigned to the rescue boat crew and
each person assigned to a marine evacuation system crew.
(2) Stowage. Immersion suits or anti-exposure suits must be stowed
so they are readily accessible. The stowage positions must be marked
with either the words ``IMMERSION SUITS'' or ``ANTI-EXPOSURE SUITS'' as
appropriate, or with the appropriate symbol from IMO Resolution
A.760(18).
(3) Markings. Each immersion suit or anti-exposure suit must be
marked in block capital letters with the name of the vessel.
(4) Attachments and fittings. Immersion suits or anti-exposure
suits must have the following attachments and fittings:
(i) Each immersion suit or anti-exposure suit must have a
lifejacket light approved under approval series 161.112 securely
attached to the front shoulder area of the immersion suit or anti-
exposure suit.
(ii) Each immersion suit or anti-exposure suit must have a whistle
firmly secured by a cord to the immersion suit or anti-exposure suit.
(d) Lifejacket, immersion suit, and anti-exposure suit containers.
Each lifejacket, immersion suit, and anti-exposure suit container must
be marked in block capital letters and numbers with the quantity,
identity, and size of the equipment stowed inside the container. The
equipment may be identified in words or with the appropriate symbol
from IMO Resolution A.760(18).
Sec. 199.80 Muster list and emergency instructions.
(a) General. Clear instructions must be provided on the vessel that
detail the actions each person on board should follow in the event of
an emergency.
(b) Muster list. Copies of the muster list must be posted in
conspicuous places throughout the vessel including on the navigating
bridge, in the engine room, and in crew accommodation spaces. The
muster list must be posted before the vessel begins its voyage. After
the muster list has been prepared, if any change takes place that
necessitates an alteration in the muster list, the master must either
revise the existing muster list or prepare a new one. Each muster lists
must at least specify--
(1) The instructions for operating the general emergency alarm
system and public address system;
(2) The emergency signals;
(3) The actions to be taken by the persons on board when each
signal is sounded;
(4) The order to abandon the vessel will be given;
(5) The officers that are assigned to make sure that lifesaving and
firefighting appliances are maintained in good condition and ready for
immediate use;
(6) The duties assigned to the different members of the crew.
Duties to be specified include--
(i) Closing the watertight doors, fire doors, valves, scuppers,
sidescuttles, skylights, portholes, and other similar openings in the
vessel's hull;
(ii) Equipping the survival craft and other lifesaving appliances;
(iii) Preparing and launching the survival craft;
(iv) Preparing other lifesaving appliances;
(v) Mustering the passengers and other persons on board;
(vi) Using communication equipment;
(vii) Manning the emergency squad assigned to deal with fires and
other emergencies; and
(viii) Using firefighting equipment and installations.
(7) The duties assigned to members of the crew in relation to
passengers and other persons on board in case of an
[[Page 25320]]
emergency. Assigned duties to be specified include--
(i) Warning the passengers and other persons on board;
(ii) Seeing that passengers and other persons on board are suitably
dressed and have donned their lifejackets or immersion suits correctly;
(iii) Assembling passengers and other persons on board at muster
stations;
(iv) Keeping order in the passageways and on the stairways and
generally controlling the movements of the passengers and other persons
on board; and
(v) Making sure that a supply of blankets is taken to the survival
craft; and
(8) The substitutes for key persons if they are disabled, taking
into account that different emergencies require different actions.
(c) Emergency instructions. Illustrations and instructions in
English, and any other appropriate language as determined by the OCMI,
must be posted in each passenger cabin and in spaces occupied by
persons other than crew, and must be conspicuously displayed at each
muster station. The illustrations and instructions must include
information on--
(1) The fire and emergency signal;
(2) Their muster station;
(3) The essential actions they must take in an emergency;
(4) The location of lifejackets, including child-size lifejackets;
and
(5) The method of donning lifejackets.
Sec. 199.90 Operating instructions.
Each vessel must have posters or signs displayed in the vicinity of
each survival craft and the survival craft's launching controls that--
(a) Illustrate the purpose of controls;
(b) Illustrate the procedures for operating the launching device;
(c) Give relevant instructions or warnings;
(d) Can be easily seen under emergency lighting conditions; and
(e) Display symbols in accordance with IMO Resolution A.760(18).
Sec. 199.100 Manning of survival craft and supervision.
(a) There must be a sufficient number of trained persons on board
the vessel for mustering and assisting untrained persons.
(b) There must be a sufficient number of deck officers, able
seamen, or certificated persons on board the vessel to operate the
survival craft and launching arrangements required for abandonment by
the total number of persons on board.
(c) There must be one person placed in charge of each survival
craft to be used. The person in charge must--
(1) Be a deck officer, able seaman, or certificated person. The
OCMI, considering the nature of the voyage, the number of persons
permitted on board, and the characteristics of the vessel, may permit
persons practiced in the handling and operation of liferafts or
inflatable buoyant apparatus to be placed in charge of liferafts or
inflatable buoyant apparatus; and
(2) Have a list of the survival craft crew and ensure that the
crewmembers are acquainted with their duties.
(d) There must be a second-in-command designated for each lifeboat.
This person should be a deck officer, able seaman, or certificated
person. The second-in-command of a lifeboat must also have a list of
the lifeboat crew.
(e) There must be a person assigned to each motorized survival
craft who is capable of operating the engine and carrying out minor
adjustments.
(f) The master must make sure that the persons required under
paragraphs (a), (b), (c), and (d) of this section are equitable
distributed among the vessel's survival craft.
Sec. 199.110 Survival craft muster and embarkation arrangements.
(a) Each muster station must have sufficient space to accommodate
all persons assigned to muster at that station. One or more muster
stations must be close to each embarkation station.
(b) Each muster station and embarkation station must be readily
accessible to accommodation and work areas.
(c) Each muster station and embarkation station must be adequately
illuminated by lighting with power supplied from the vessel's emergency
source of electrical power.
(d) Each alleyway, stairway, and exit giving access to a muster and
embarkation station must be adequately illuminated by lighting that is
capable of having its power supplied by the vessel's emergency source
of electrical power.
(e) Each davit-launched and free-fall survival craft muster station
and embarkation station must be arranged to enable stretcher cases to
be placed in the survival craft.
(f) Each launching station, or each two adjacent launching
stations, must have an embarkation ladder as follows:
(1) Each embarkation ladder must be approved under approval series
160.117 or be a rope ladder approved under approval series 160.017.
(2) Each embarkation ladder must extend in a single length from the
deck to the waterline with the vessel in its lightest seagoing
condition under unfavorable conditions of trim and with the vessel
listed not less than 15 degrees either way.
(3) Provided that there is at least one embarkation ladder on each
side of the vessel, the OCMI may permit additional embarkation ladders
to be other approved devices that provide safe and rapid access to
survival craft in the water.
(4) The OCMI man accept other safe and effective means of
embarkation for use with a liferaft required under Sec. 199.261(e).
(g) If a davit-launched survival craft is embarked over the edge of
the deck, the craft must be provided with a means for bringing it
against the side of the vessel and holding it alongside the vessel to
allow persons to safely embark.
(h) If a davit-launched survival craft is not intended to be moved
to the stowed position with persons on board, the craft must be
provided with a means for bringing it against the side of the vessel
and holding it alongside the vessel to allow persons to safely
disembark after a drill.
Sec. 199.120 Launching stations.
(a) Each launching station must be positioned to ensure safe
launching with clearance from the propeller and from the steeply
overhanging portions of the hull.
(b) Each survival craft must be launched down the straight side of
the vessel, except for free-fall launched survival craft.
(c) Each launching station in the forward part of the vessel must--
(1) Be in a sheltered position that is located aft of the collision
bulkhead; and
(2) Have a launching appliance approved with an endorsement as
being of sufficient strength for forward installation.
Sec. 199.130 Stowage of survival craft.
(a) General. Each survival craft must be stowed--
(1) As close to the accommodation and service spaces as possible;
(2) So that neither the survival craft nor its stowage arrangements
will interfere with the embarkation and operation of any other survival
craft or rescue boat at any other launching station;
(3) As near the water surface as is safe and practicable;
(4) Except for liferafts intended for throw-overboard launching,
not less than 2 meters above the waterline with the vessel--
(i) In the fully loaded condition;
[[Page 25321]]
(ii) Under unfavorable conditions of trim; and
(iii) Listed up to 20 degrees either way, or to the angle at which
the vessel's weatherdeck edge becomes submerged, whichever is less.
(5) Sufficiently ready for use so that two crew members can
complete preparations for embarkation and launching in less than 5
minutes;
(6) In a secure and sheltered position and protected from damage by
fire and explosion, as far as practicable; and
(7) So as not to require lifting from its stowed position in order
to launch, except that--
(i) A davit-launched liferaft may be lifted by a manually powered
winch from its stowed position to its embarkation position; or
(ii) A survival craft that weights 185 kilograms (407.8 pounds) or
less may be lifted not more than 300 millimeters (1 foot) in order to
launch.
(b) Additional lifeboat stowage requirements. In addition to the
requirements of paragraph (a) of this section, each lifeboat must be
stowed as follows:
(1) Each lifeboat for lowering down the side of the vessel must be
stowed as far forward of the vessel's propeller as practicable. Each
lifeboat, in its stowed position, must be protected from damage by
heavy seas.
(2) Each lifeboat must be stowed attached to its launching
appliance.
(3) Each lifeboat must have a means for recharging the lifeboat
batteries from the vessel's power supply at a supply voltage not
exceeding 50 volts.
(c) Additional liferaft stowage requirements. In addition to the
requirements of paragraph (a) of this section, each liferaft must be
stowed as follows:
(1) Each liferaft must be stowed to permit manual release from its
securing arrangements.
(2) Each liferaft must be stowed at a height above the waterline
not greater than the maximum stowage height indicated on the liferaft
container with the vessel in its lightest seagoing condition. Each
liferaft without an indicated maximum stowage height must be stowed not
more than 18 meters (59 feet) above the waterline with the vessel in
its lightest seagoing condition.
(3) Each liferaft must be arranged to permit it to drop into the
water from the deck on which it is stowed. A liferaft stowage
arrangements meets this requirement if it--
(i) Is outboard of the rail or bulwark;
(ii) Is on stanchions or on a platform adjacent to the rail or
bulwark; or
(iii) Has a gate or other suitable opening large enough to allow
the liferaft to be pushed directly overboard and, if the liferaft is
intended to be available for use on either side of the vessel, such
gate or opening is provided on each side of the vessel.
(4) Each davit-launched liferaft must be stowed within reach of its
lifting hook, unless some means of transfer is provided that is not
rendered inoperable--
(i) Within the limits of trim and list specified in paragraph
(a)(4) of this section;
(ii) By vessel motion; or
(iii) By power failure.
(5) Each rigid container for an inflatable liferaft to be launched
by a launching appliance must be secured so that the container or parts
of it do not fall into the water during and after inflation and
launching of the contained liferaft.
(6) Each liferaft must have a painter system providing a connection
between the vessel and the liferaft.
(7) Each liferaft or group of liferafts must be arranged for float-
free launching. The arrangement must ensure that the liferaft or
liferafts, when released and inflated, are not dragged under by the
sinking vessel. A hydrostatic release unit used in a float-free
arrangement must be approved under approval series 160.162.
Sec. 199.140 Stowage of rescue boats.
(a) General. Rescue boats must be stowed--
(1) To be ready for launching in not many than 5 minutes;
(2) In a position suitable for launching and recovery;
(3) In a way that neither the rescue boat nor its stowage
arrangements will interfere with the operation of any survival craft at
any other launching station; and
(4) If it is also a lifeboat, in compliance with the requirements
of Sec. 199.130.
(b) Each rescue boat must have a means provided for recharging the
rescue boat batteries from the vessel's power supply at a supply
voltage not exceeding 50 volts.
(c) Each inflated rescue boat must be kept fully inflated at all
times.
Sec. 199.145 Marine evacuation system launching arrangements.
(a) Arrangements. Each marine evacuation system must--
(1) Be capable of being deployed by one person;
(2) Enable the total number of persons for which it is designed, to
be transferred from the vessel into the inflated liferafts within a
period of 30 minutes in the case of a passenger vessel and 10 minutes
in the case of a cargo vessel from the time an abandon-ship signal is
given;
(3) Be arranged so that liferafts may be securely attached to and
released from the marine evacuation system platform by a person either
in the liferaft or on the platform;
(4) Be capable of being deployed from the vessel under unfavorable
conditions of trim of up to 10 degrees either way and of list of up to
20 degrees either way;
(5) If the marine evacuation system has an inclined slide, it
must--
(i) Be arranged so the angle of the slide from horizontal is within
a range of 30 to 35 degrees when the vessel is upright and in its
lightest seagoing condition; and
(ii) If the vessel is a passenger vessel, be arranged so the angle
of the slide from horizontal is no more than 55 degrees in the final
stage of flooding as described in subchapter S of this chapter; and
(6) Be capable of being restrained by a bowsing line or other
positioning system that is designed to deploy automatically and if
necessary, is capable of being adjusted to the position required for
evacuation.
(b) Stowage. Each marine evacuation system must be stowed as
follows:
(1) There must not be any openings between the marine evacuation
system's embarkation station and the vessel's side at the waterline
with the vessel in its lightest seagoing condition.
(2) The marine evacuation system's launching positions must be
arranged, as far as practicable, to be straight down the vessel's side
and to safely clear the propeller and any steeply overhanging positions
of the hull.
(3) The marine evacuation system must be protected from any
projections of the vessel's structure or equipment.
(4) The marine evacuation system's passage and platform, when
deployed; its stowage container; and its operational arrangement must
not interfere with the operation of any other lifesaving appliance at
any other launching station.
(5) The marine evacuation system's stowage area must be protected
from damage by heavy seas.
(c) Stowage of associated liferafts. Inflatable liferafts used in
conjunction with the marine evacuation system must be stowed--
(1) Close to the system container, but capable of dropping clear of
the deployed chute and boarding platform;
(2) So it is capable of individual release from its stowage rack;
(3) In accordance with the requirements of Sec. 199.130; and
[[Page 25322]]
(4) With pre-connected or easily connected retrieving lines to the
platform.
Sec. 199.150 Survival craft launching and recovery arrangements;
general.
(a) (1) Each launching appliance for a lifeboat must be approved
under approval series 160.132 with a winch approved under approval
series 160.115.
(2) Each launching appliance for a davit-launched liferaft must be
approved under approval series 160.163 with an automatic disengaging
apparatus approved under approval series 160.170.
(b) Unless expressly provided otherwise in this part, each survival
craft must be provided with a launching appliance or marine evacuation
system, except those survival craft that--
(1) Can be boarded from a position on deck less than 4.5 meters
(14.75 feet) above the waterline with the vessel in its lightest
seagoing condition and that are stowed for launching directly from the
stowed position under unfavorable conditions of trim of 10 degrees and
list of 20 degrees either way;
(3) Are carried in excess of the survival craft for 200 percent of
the total number of persons on board the vessel, and that have a mass
of not more than 185 kilograms (407 pounds);
(4) Are carried in excess of the survival craft for 200 percent of
the total number of persons on board the vessel and that are stowed for
launching directly from the stowed position under unfavorable
conditions or trim of 10 degrees and list of 20 degrees either way; or
(5) Are provided for use in conjunction with a marine evacuation
system and that are stowed for launching directly from the stowed
position under unfavorable conditions of trim of 10 degrees and list of
20 degrees either way.
(c) With the exception of the secondary means of launching for
free-fall lifeboats, each launching appliance must be arranged so that
the fully equipped survival craft it serves can be safely launched
against unfavorable conditions of trim of up to 10 degrees either way
and of list of up to 20 degrees either way--
(1) When the survival craft is loaded with its full complement of
persons; and
(2) When not more than the required operating crew is on board.
(d) A launching appliance must not depend on any means other than
gravity or stored mechanical power, independent of the vessel's power
supplies, to launch the survival craft it serves in both the fully
loaded and equipped condition and in the light condition.
(e) Each launching appliance's structural attachment to the vessel
must be designed, based on the ultimate strength of the construction
material, to be at least 4.5 times the load imparted on the attachment
by the launching appliance and its fully loaded survival craft under
the most adverse combination of list and trim under paragraph (c) of
this section.
(f) Each launching appliance must be arranged so that--
(1) All parts requiring regular maintenance by the vessel's crew
are readily accessible and easily maintained;
(2) The launching appliance remains effective under conditions of
icing;
(3) The same type of release mechanism is used for each similar
survival craft carried on board the vessel;
(4) The preparation and handling of each survival craft at any one
launching station does not interfere with the prompt preparation and
handling of any other survival craft at any other station;
(5) The persons on board the vessel can safely and rapidly board
the survival craft; and
(6) During preparation and launching, the survival craft, its
launching appliance, and the area of water into which it is to be
launched are illuminated by lighting supplied from the vessel's
emergency source of electrical power.
(g) Each launching and recovery arrangement must allow the operator
on the deck to observe the survival craft at all times during
launching.
(h) Means must be provided outside the machinery space to prevent
any discharge of water onto survival craft during launching.
(i) If there is a danger of the survival craft being damaged by the
vessel's stabilizer wings, the stabilizer wings must be able to be
brought inboard using power from the emergency source of electrical
power. Indicators operated by the vessel's emergency power system must
be provided on the navigating bridge to show the position of the
stabilizer wings.
Sec. 199.153 Survival craft launching and recovery arrangements using
falls and a winch.
Survival craft launching and recovery arrangements, in addition to
meeting the requirements in Sec. 199.150, must meet the following
requirements:
(a) Each launching mechanism must be arranged so it may be actuated
by one person from a position on the vessel's deck, and except for
secondary launching appliances for free-fall launching arrangements,
from a position within the survival craft.
(b) Each fall wire must be of rotation-resistant and corrosion-
resistant steel wire rope.
(c) The breaking strength of each fall wire and each attachment
used on the fall must be at least six times the load imparted on the
fall by the fully-loaded survival craft.
(d) Each fall must be long enough for the survival craft to reach
the water with the vessel in its lightest seagoing condition, under
unfavorable conditions of trim, and with the vessel listed not less
than 20 degrees either way.
(e) Each unguarded fall must not pass near any operating position
of the winch, such as hand cranks, pay out wheels, and brake levers.
(f) Each winch drum must be arranged so the fall wire winds onto
the drum in a level wrap. A multiple drum winch must be arranged so
that the falls wind off at the same rate when lowering and onto the
drums at the same rate when hoisting.
(g) Each fall, where exposed to damage or fouling, must have guards
or equivalent protection. Each fall that leads along a deck must be
covered with a guard that is not more than 300 millimeters (1 foot)
above the deck.
(h) The lowering speed for a fully loaded survival craft must be
not less than the speed obtained from one of the following formulas:
(1) S=0.4+(0.02 H), where S the lowering speed in meters per second
and H is the lowering height in meters from the davit head to the
waterline with the vessel in its lightest seagoing condition, with H
not greater than 30 regardless of the actula lowering height.
(2) S=79+(1.2 H), where S is the lowering speed in feet per minute
and H is the lowering height in feet from the davit head to thee
waterline with the vessel in its lightest seagoing condition, with H
not greater than 99 regardless of the actual lowering height.
(i) The lowering speed for a survival craft loaded with all of its
equipment must be not less than 70 percent of the speed required under
paragraph (g) of this section.
(j) The lowering speed for a fully loaded survival craft must be
not more than 1.3 meters per second (256 feet per minute).
(k) If a survival craft is recovered by electric power, the
electrical installation, including the electric power-operated boat
winch, must meet the requirements in subchapter J of this chapter. If a
survival craft is recovered by any means using power, including a
portable power source, safety devices
[[Page 25323]]
must be provided that automatically cut off the power before the davit
arms or falls reach the stops in order to avoid overstressing the falls
or davits, unless the motor is designed to prevent such overstressing.
(l) Each launching appliance must be fitted with brakes that meet
the following requirements:
(1) The brakes must be capable of stopping the descent of the
survival craft or rescue boat and holding the survival craft or rescue
boat securely when loaded with its full complement of persons and
equipment.
(2) The brake pads must, where necessary, be protected from water
and oil.
(3) Manual brakes must be arranged so that the brake is always
applied unless the operator, or a mechanism activated by the operator,
holds the brake control in the off position.
Sec. 199.155 Lifeboat launching and recovery arrangements.
Lifeboat launching and recovery arrangements, in addition to
meeting the requirements in Secs. 199.150 and 199.153, must meet the
following requirements:
(a) Each lifeboat must be provided with a launching appliance. The
launching appliance must be capable of launching and recovering the
lifeboat with its crew.
(b) Each launching appliance arrangement must allow the operator on
the vessel to observe the lifeboat at all times during recovery.
(c) Each launching appliance arrangement must be designed to ensure
persons can safely disembark from the survival craft prior to its
stowage.
(d) Each lifeboat, other than a totally enclosed lifeboat, must be
provided with a davit span with not less than two lifelines of
sufficient length to reach the water with the vessel in its lightest
seagoing condition, under unfavorable conditions of trim, and with the
vessel listed up to 20 degrees either way.
Sec. 199.157 Free-fall lifeboat launching and recovery arrangements.
(a) The launching appliance for a free-fall lifeboat must be
designed and installed so that the launching appliance and the lifeboat
it serves operate as a system to protect the occupants from harmful
acceleration forces and to effectively clear the vessel.
(b) The launching appliance must be designed and arranged so that,
in its ready to launch position, the distance from the lowest point on
the lifeboat it serves to the water surface with the vessel in its
lightest seagoing condition does not exceed the lifeboat's certificated
free-fall height.
(c) The launching appliance must be arranged to preclude accidental
release of the lifeboat in its unattended stowed position. If the means
provided to secure the lifeboat cannot be released from inside the
lifeboat, the means to secure the lifeboat must be arranged to preclude
boarding the lifeboat without first releasing it.
(d) Each free-fall launching arrangement must be provided with a
secondary means to launch the lifeboat by falls. Such means must comply
with the requirements of Secs. 199.150, 199.153, and 199.155.
Notwithstanding Sec. 199.150(c), the secondary launching appliance must
be capable of launching the lifeboat against unfavorable conditions of
trim of 2 degrees either way and of list of 5 degrees either way. The
secondary launching appliance need not comply with the speed
requirements of Secs. 199.153 (g), (h), and (i). If the secondary
launching appliance is not dependent on gravity, stored mechanical
power, or other manual means, the launching arrangement must be
connected both to the vessel's main and emergency power supplies.
Sec. 199.160 Rescue boat embarkation, launching and recovery
arrangements.
(a) Each rescue boat must be capable of being launched with the
vessel making headway of 5 knots in calm water. A painter may be used
to meet this requirement.
(b) Each rescue boat embarkation and launching arrangement must
permit the rescue boat to be boarded and launched in the shortest
possible time.
(c) The rescue boat must meet the embarkation and launching
arrangement requirements of Secs. 199.110 (e) and (g), 199.150,
199.155, and if the launching arrangement uses falls and a winch,
Sec. 199.153.
(d) If the rescue boat is one of the vessel's survival craft, the
rescue boat must also meet the following requirements:
(1) The rescue boat must meet the muster and embarkation
arrangement requirements of Sec. 199.110 and the launching station
requirements of Sec. 199.120.
(2) If the launching arrangement uses a single fall, the rescue
boat may have an automatic disengaging apparatus approved under
approval series 160.170 instead of a lifeboat release mechanism.
(e) Rapid recovery of the rescue boat must be possible when loaded
with its full complement of persons and equipment. If the rescue boat
is also a lifeboat, rapid recovery must be possible when loaded with
its lifeboat equipment and an approved rescue boat complement of at
least six persons.
(f) Each rescue boat launching appliance must be fitted with a
powered winch motor.
(g) Each rescue boat launching appliance must be capable of
hoisting the rescue boat when loaded with its full rescue boat
complement of persons and equipment at a rate of not less than 0.3
meters per second (59 feet per minute).
Sec. 199.170 Line-throwing appliance.
(a) General. Each vessel must have a line-throwing appliance
approved under approval series 160.040.
(b) Stowage. The line-throwing appliance and its equipment must be
readily accessible for use.
(c) Additional equipment. Each vessel must carry the following
equipment for the line-throwing appliance--
(1) The equipment on the list provided by the manufacturer with the
approved appliance; and
(2) An auxiliary line that--
(i) Is at least 450 meters (1,500 feet) long;
(ii) Has a breaking strength of at least 40 kiloNewtons (9,000
pounds-force); and
(iii) Is, if synthetic, of a dark color or certified by the
manufacturer to be resistant to deterioration from ultraviolet light.
Sec. 199.175 Survival craft and rescue boat equipment.
(a) All lifeboat and rescue boat equipment--
(1) Must be secured within the boat by lashings, by storage in
lockers or compartments, by storage in brackets or similar mounting
arrangements, or by other suitable means;
(2) Must be secured in such a manner as not to interfere with any
abandonment procedures or reduce seating capacity;
(3) Must be as small and of as little mass as possible;
(4) Must be packed in a suitable and compact form; and
(5) Should be stowed so the items do not--
(i) Reduce the seating capacity;
(ii) Adversely affect the seaworthiness of the survival craft or
rescue boat; or
(iii) Overload the launching appliance.
(b) Each lifeboat, rigid liferaft, and rescue boat, unless
otherwise stated in this paragraph, must carry the equipment listed in
this paragraph and specified for it in table 199.175 of this section
under the vessel's category of service. A lifeboat that is also a
rescue boat must carry the equipment in the table column marked for a
lifeboat.
(1) Bailer. The bailer must be buoyant.
[[Page 25324]]
(2) Bilge pump. The bilge pump must be approved under approval
series 160.044 and must be installed in a ready-to-use condition as
follows:
(i) The bilge pump for a lifeboat approved for less than 70 persons
must be either size 2 or size 3.
(ii) The bilge pump for a lifeboat approved for 70 persons or more
must be size 3.
(3) Boathook. In the case of a boat launched by falls, the boathook
must be kept free for fending-off purposes. For inflated rescue boats
and for rigid-inflated rescue boats, each boathook must be designed to
minimize the possibility of damage to the inflated portions of the
hull.
(4) Bucket. The bucket must be made of corrosion-resistant material
and should either be buoyant or have an attached lanyard at least 1.8
meters (6 feet) long.
(5) Can opener. A can opener may be in a jackknife approved under
approval series 160.043.
(6) Compass. The compass and its mounting arrangement must be
approved under approval series 160.014. In a totally enclosed lifeboat,
the compass must be permanently fitted at the steering position; in any
other boat it must be provided with a binnacle, if necessary to protect
it from the weather, and with suitable mounting arrangements.
(7) Dipper. The dipper must be rustproof and attached to a lanyard
that should be at least 0.9 meters (3 feet) long.
(8) Drinking cup. The drinking cup must be graduated and rustproof.
The cup should also be of a breakage-resistant material.
(9) Fire extinguisher. The fire extinguisher must be approved under
approval series 162.028. The fire extinguisher must be type B-C, size
II, or larger. Two type B-C, size I fire extinguishers may be carried
in place of a type B-C, size II fire extinguisher.
(10) First aid kit. The first aid kit in a lifeboat and in a rescue
boat must be approved under approval series 160.041. The first aid kit
in a rigid liferaft must be approved under approval series 160.054.
(11) Fishing kit. The fishing kit must be approved under approval
series 160.061.
(12) Flashlight. The flashlight must be a type I or type III that
is constructed and marked in accordance with the American Society of
Testing and Materials (ASTM) F1014. One spare set of batteries and one
spare bulb, stored in a watertight container, must be provided for each
flashlight.
FR Doc. 96-11777 Lifesaving Equipment
(13) Hatchet. The hatchet must be approved under approval series
160.013. The hatchet should be stowed in brackets near the release
mechanism and, if more than one hatchet is carried, the hatchets should
be stowed at opposite ends of the boat.
(14) Heaving line. The heaving line must be buoyant, must be at
least 30 meters (99 feet) long, must have a buoyant rescue quoit
attached to one end, and should be at least 8 millimeters (\5/16\
inches) in diameter.
(15) Instruction card. The instruction card must be waterproof and
contain the information required by IMO Resolution A.657(16). The
instruction card should be located so that it can be easily seen upon
entering the liferaft.
(16) Jackknife. The jackknife must be approved under approval
series 160.043 and must be attached to the boat by its lanyard.
(17) Knife. The knife must be of the non-folding type with a
buoyant hanle as follows:
(i) The knife for a rigid liferaft must be secured to the raft by a
lanyard and stowed in a pocket on the exterior of the canopy near the
point where the painter is attached to the liferaft. If an approved
jackknife is substituted for the second knife required on a liferaft
equipped for 13 or more persons, the jackknife must also be secured to
the liferaft by a lanyard.
(ii) The knife in an inflated or rigid-inflated rescue boat must be
of a type designed to minimize the possibility of damage to the fabric
portions of the hull.
(18) Ladder. The boarding ladder must be capable of being used at
each entrance on either side or at the stern of the boat to enable
persons in the water to board the boat. The lowest step of the ladder
must be not less than 0.4 meters (15.75 inches) below the boat's light
waterline.
(19) Mirror. The signalling mirror must be approved under approval
series 160.020.
(2) Oars and paddles. Each lifeboat and rescue boat must have
buoyant oars or paddles of the number, size, and type specified by the
manufacturer of the boat. An oarlock or equivalent device, either
permanently installed or attached to the boat by a lanyard or chain,
must be provided for each oar. Each oar should have the vessel's name
marked on it in block letters.
(21) Painter. (i) One painter on a lifeboat and the painter on a
rescue boat must be attached by a painter release device at the forward
end of the lifeboat. The second painter on a lifeboat must be secured
at or near the bow of the lifeboat, ready for use. On lifeboats to be
launched by free-fall launching, both painters must be stowed near the
bow ready for use.
(A) If the painter is of synthetic material, the painter must be of
a dark color or certified by the manufacturer to be resistant to
deterioration from ultraviolet light.
(B) The painter for a lifeboat and each painter for a rescue boat
must be of a length that is at least twice the distance from the
stowage position of the boat to the waterline with the vessel in its
lightest seagoing condition, or must be meters (50 feet) long,
whichever is the greater.
(C) The painter must have a breaking strength of at least 34
kiloNewtons (7,700 pounds-force).
(D) The painter for a rigid liferaft must be of a length that is at
least 20 meters (66 feet) plus the distance from the liferaft's stowed
position to the waterline with the vessel in its lightest seagoing
condition, or must be 15 meters (50 feet) long, whichever is the
greater.
(E) If the painter is of synthetic material, the painter must be of
a dark color or certified by the manufacturer to be resistant to
deterioration from ultraviolet light.
(F) The painter must have a breaking strength of at least 15
kiloNewtons (3,937 pounds-force) for liferafts approved for more than
25 persons, of at least 20 kiloNewtons (2,250 pounds-force) for
liferafts approved for 9 to 25 persons, and of at least 7.5 kiloNewtons
(1,687 pounds-force) for any other liferaft.
(G) The painter must have a float-free link meeting the
requirements of part 160, subpart 160.073 of this chapter secured to
the end of the painter that is attached to the vessel. The float-free
link arrangement must break under a load of 2.20.4
kiloNewtons (400 to 536 pounds-force).
(22) Provisions. Each unit of provisions must be approved under
approval series 160.046 and must provide at least 10,000 kiloJoules
(2,390 calories). Individual provision packages may provide less than
10,000 kiloJoules, as long as the total quantity of provisions on board
provides for at least 10,000 kiloJoules per person.
(23) Pump. The pump or bellows must be manually operated and should
be arranged so it is capable of inflating any part of the inflatable
structure of the rescue boat.
(24) Radar reflector. The radar reflector must be capable of
detection at a distance of 4 nautical miles and must have a mounting
arrangements to install it on the boat in its proper orientation. A 9-
GigaHertz radar transponder may be
[[Page 25325]]
substituted for the radar reflector if the transponder is accepted by
the Federal Communications Commission as meeting the requirements of 47
CFR part 80 and is stowed in the boat or raft.
(25) Rainwater collection device. The rainwater collection device
must be arranged to collect falling rain and direct it into the water
tanks in the lifeboat. If the lifeboat carries a manually-powered,
reverse osmosis desalinator approved under approval series 160.058, a
rainwater collection device is not required.
(26) Repair kit. The repair kit for an inflated and a rigid-
inflated rescue boat must be packed in a suitable container and include
at least--
(i) Six sealing clamps;
(ii) Five 50-millimeter (2-inch) diameter tube patches;
(iii) A roughing tool; and
(iv) A container of cement compatible with the tube fabric. The
cement must have an expiration date on its container that is not more
than 24 months after the date of manufacture of the cement.
(27) Sea anchor. (i) The sea anchor for a lifeboat must be approved
under approval series 160.019.
(ii) Each sea anchor for a rigid liferaft must be of the type
specified by the liferaft manufacturer and must be fitted with a shock
resistant hawser. It may also be fitted with a tripping line. One sea
anchor must be permanently attached to the liferaft in such a way that,
when the liferaft is waterborne, it will cause the liferaft to lie
oriented to the wind in the most stable manner. The second sea anchor
must be stowed in the liferaft as a spare. A davit-launched liferaft
and a liferaft on a passenger vessel must have the permanently attached
sea anchor arranged to deploy automatically when the liferaft floats
free.
(iii) The sea anchor for a rescue boat must be of the type
specified by the rescue boat manufacturer, and must have a hawser of
adequate strength that is at least 10 meters (33 feet) long.
(28) Searchlight. (i) The searchlight must be of the type
originally provided with the approved lifeboat or rescue boat, or must
be certified by the searchlight manufacturer to meet ASTM F1003. The
boat must carry two spare bulbs.
(ii) The searchlight must be permanently mounted on the canopy or
must have a stanchion-type or collapsible-type, portable mounting on
the canopy. The mounting must be located to enable operation of the
searchlight by the boat operator.
(iii) The searchlights power source must be capable of operating
the light without charging or recharging for not less than--
(A) Three hours of continuous operation; or
(B) Six hours total operation when it is operated in cycles of 15
minutes on and 5 minutes off.
(iv) If the searchlight's power source is an engine starting
battery, there must be sufficient battery capacity to start the engine
at the end of either operating period specified in paragraph
(b)(28)(iii) of this section.
(v) The searchlight's power source must be connected to the
searchlight using watertight electrical fittings.
(29) Seasickness kit. The seasickness kit must be in a waterproof
package and must include one waterproof seasickness bag, anti-
seasickness medication sufficient for one person for 48 hours, and
instructions for using the medication. Each seasickness kit should be
stowed within reach of the seat for which it is intended.
(30) Signal, smoke. The smoke signal must be approved under
approval series 160.122.
(31) Signal, hand flare. The hand flare must be approved under
approval series 160.121.
(32) Signal, rocket parachute flare. The rocket parachute flare
must be approved under approval series 160.136.
(33) Skates and fenders. The skates and fenders must be as
specified by the lifeboat or rescue boat manufacturer to facilitate
launching and prevent damage to a lifeboat intended for launching down
the side of a vessel.
(34) Sponge. The sponge must be suitable for soaking up water.
(35) Survival instructions. The survival instructions must be as
described in IMO Resolution A.657(16), Annex I for liferafts and Annex
II for lifeboats.
(36) Table of lifesaving signals. The table of lifesaving signals
must be as described in Annex IV to the International Regulations for
Preventing Collisions at Sea 1972, as amended, and must be printed on a
waterproof card or stored in a waterproof container.
(37) Thermal protective aid. The thermal protective aid must be
approved under approval series 160.174.
(38) Tool kit. The tool kit must contain sufficient tools for minor
adjustments to the engine and its accessories.
(39) Towline. The towline must be buoyant and at least 50 meters
(164 feet) long. The towline must have a breaking strength of not less
than 13.3 kiloNewtons (3,000 pounds-force) or be of sufficient strength
to tow the largest liferaft carried on the vessel when loaded with its
full complement of persons and equipment at a speed of at least 2
knots.
(40) Water. The water must be emergency drinking water approved
under approval series 160.026.
(i) The requirement for up to one-third of the emergency drinking
water may be met by a desalting apparatus approved under approval
series 160.058 that is capable of producing the substituted amount of
water in 2 days.
(ii) The requirement for up to two-thirds of the emergency drinking
water may be met by a manually-powered, reverse osmosis desalinator
approved under approval series 160.058 and that is capable of producing
the substituted amount of water in 2 days.
(41) Whistle. The whistle must be corrosion-resistant, and should
be a ball-type or multi-tone whistle that is attached to a lanyard.
Table 199.175.--Survival Craft Equipment
----------------------------------------------------------------------------------------------------------------
International voyage Short international voyage
-----------------------------------------------------------------
Item Rigid Rigid
No. Item liferaft Rescue liferaft Rescue
Lifeboat (SOLAS A boat Lifeboat (SOLAS B boat
pack) pack)
----------------------------------------------------------------------------------------------------------------
1..... Bailer \1\............................ 1 1 1 1 1 1
2..... Bilge pump \2\........................ 1 ......... ......... 1 ......... .........
3..... Boathook.............................. 2 ......... 1 2 ......... 1
4..... Bucket \3\............................ 2 ......... 1 2 ......... 1
5..... Can opener............................ 3 3 ......... 3 ......... .........
6..... Compass............................... 1 ......... 1 1 ......... 1
7..... Dipper................................ 1 ......... ......... 1 ......... .........
[[Page 25326]]
8..... Drinking cup.......................... 1 1 ......... 1 ......... .........
9..... Fire extinguisher..................... 1 ......... 1 1 ......... 1
10.... First aid kit......................... 1 1 1 1 1 1
11.... Fishing kit........................... 1 1 ......... ......... ......... .........
12.... Flashlight............................ 1 1 1 1 1 1
13.... Hatchet............................... 2 ......... ......... 2 ......... .........
14.... Heaving line.......................... 2 1 2 2 1 2
15.... Instruction card...................... ......... 1 ......... ......... 1 .........
16.... Jackknife............................. 1 ......... ......... 1 ......... .........
17.... Knife \1\ \4\......................... ......... 1 1 ......... 1 1
18.... Ladder................................ 1 ......... 1 1 ......... 1
19.... Mirror, signalling.................... 1 1 ......... 1 1 .........
20.... Oars, units \5\ \6\................... 1 ......... 1 1 ......... 1
Paddles............................... ......... 2 ......... ......... 2 .........
21.... Paddles............................... 2 1 1 2 1 1
22.... Provisions (units per person)......... 1 1 ......... ......... ......... .........
23.... Pump \7\.............................. ......... ......... 1 ......... ......... 1
24.... Radar reflector....................... 1 1 1 1 1 1
25.... Rainwater collection device........... 1 ......... ......... 1 ......... .........
26.... Repair kit \7\........................ ......... ......... 1 ......... ......... 1
27.... Sea anchor............................ 1 2 1 1 2 1
28.... Searchlight........................... 1 ......... 1 1 ......... 1
29.... Seasickness kit (units per person).... 1 1 ......... 1 1 .........
30.... Signal, smoke......................... 2 2 ......... 2 1 .........
31.... Signal, hand flare.................... 6 6 ......... 6 3 .........
32.... Signal, parachute flare............... 4 4 ......... 4 2 .........
33.... Skates and fenders \8\................ 1 ......... 1 1 ......... 1
34.... Sponge \7\............................ ......... 2 2 ......... 2 2
35.... Survival instructions................. 1 1 ......... 1 1 .........
36.... Table of lifesaving signals........... 1 1 ......... 1 1 .........
37.... Thermal protective aids............... 10% 10% 10% 10% 10% 10%
38.... Tool kit.............................. 1 ......... ......... 1 ......... .........
39.... Towline \10\.......................... 1 ......... 1 1 ......... 1
40.... Water (liters per person)............. 3 1.5 ......... 3 ......... .........
41.... Whistle............................... 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Each liferaft equipped for 13 persons or more must carry two of these items.
\2\ Not required for boats of self-bailing design.
\3\ Not required for inflated or rigid-inflated rescue boats.
\4\ A hatchet counts towards this requirement in rigid rescue boats.
\5\ Oars are not required on a free-fall lifeboat; a unit of oars means the number of oars specified by the boat
manufacturer.
\6\ Rescue boats may substitute buoyant paddles for oars, as specified by the manufacturer.
\7\ Not required for a rigid rescue boat.
\8\ Required if specified by the boat manufacturer.
\9\ Sufficient thermal protective aids are required for at least 10% of the persons the survival craft is
equipped to carry, but not less than two.
\10\ Required only if the lifeboat is also the rescue boat.
Sec. 199.176 Markings on lifesaving appliances.
(a) Lifeboats and rescue boats. Each lifeboat and rescue boat must
be plainly marked as follows:
(1) Each side of each lifeboat and rescue boat bow must be marked
in block capital letters and numbers with--
(i) The name of the vessel; and
(ii) The name of the port required to be marked on the stern of the
vessel to meet the requirements of part 67, subpart 67.13 of this
chapter.
(2) The length and beam of the boat and the number of persons for
which the boat is equipped must be clearly marked, preferably on the
bow, in permanent characters. The number of persons for which the boat
is equipped must not exceed the number of persons shown on its
nameplate.
(3) The number of the boat and a means of identifying the vessel to
which the boat belongs, such as the vessel's name, must be plainly
marked or painted so that the markings are visible from above the boat.
(4) The Type II retro-reflective material approved under approval
series 164.018 must be placed on the boat to meet the arrangement
requirements in IMO Resolution A.658(16).
(b) Rigid liferafts. Each rigid liferaft must be marked as follows:
(1) The name of the vessel must be marked on each rigid liferaft.
(2) The name of the port required to be marked on the stern of the
vessel to meet the requirements of part 67, subpart 67.13 of this
chapter must be marked on each rigid liferaft.
(3) The rigid liferaft must be marked with the words ``SOLAS A
pack'' or ``SOLAS B pack'', to reflect the pack inside.
(4) The length of the painter must be marked on each rigid
liferaft.
(5) At each entrance of each rigid liferaft, the number of persons
for which the rigid liferaft is equipped must be marked in letters and
numbers at least 100 millimeters (4 inches) high and in a color
contrasting to that of the liferaft. The number of persons for which
the
[[Page 25327]]
liferaft is equipped must not exceed the number of persons shown on its
nameplate.
Sec. 199.178 Marking of stowage locations.
(a) Containers, brackets, racks, and other similar stowage
locations for lifesaving equipment must be marked with symbols in
accordance with IMO Resolution A.760(18) indicating the device stowed
in that location.
(b) If more than one device is stowed in a location, the number of
devices stowed must be indicated.
(c) Survival craft should be numbered consecutively starting from
the vessel's bow. Survival craft on the starboard side should be
numbered with odd numerals and survival craft on the port side should
be numbered with even numerals.
(d) Each liferaft stowage location should be marked with the
capacity of the liferaft stowed there.
Sec. 199.180 Training and drills.
(a) Training materials. Training material must be on board each
vessel and must consist of a manual of one or more volumes written in
easily understood terms and illustrated wherever possible, or of
audiovisual training aids, or of both as follows:
(1) If a training manual is used, a copy must be in each crew
messroom and recreation room or in each crew cabin. If audiovisual
training aids are used, they must be incorporated into the onboard
training sessions described in paragraph (g) of this section.
(2) The training material must explain in detail--
(i) The procedure for donning lifejackets, immersion suits, and
anti-exposure suits carried on board;
(ii) The procedure for mustering at the assigned stations;
(iii) The procedure for boarding, launching, and clearing the
survival craft and rescue boats;
(iv) The method of launching from within the survival craft;
(v) The procedure for releasing survival craft from launching
appliances;
(vi) The methods and use of devices for protection in launching
areas, where appropriate;
(vii) The illumination in the launching areas;
(viii) The use of all survival equipment;
(ix) The use of all detection equipment;
(x) With the assistance of illustrations, the use of radio
lifesaving appliances;
(xi) The use of sea anchors;
(xii) The use of the survival craft engine and accessories;
(xiii) The recovery of survival craft and rescue boats, including
stowage and securing;
(xiv) The hazards of exposure and the need for warm clothing;
(xv) The best use of the survival craft for survival;
(xvi) The methods of retrieval, including the use of helicopter
rescue gear such as slings, baskets, and stretchers; the use of
breeches-buoy and shore lifesaving apparatus; and the use of the
vessel's line-throwing apparatus;
(xvii) All other functions contained in the muster list and
emergency instructions; and
(xviii) The instructions for emergency repair of the lifesaving
appliances.
(b) Familiarity with emergency procedures. (1) Every crewmember
with emergency duties assigned on the muster list must be familiar with
their assigned duties before the voyage begins.
(2) On a vessel engaged on voyage when the passengers or special
personnel are scheduled to be on board for more than 24 hours, musters
of the passengers and special personnel must take place within 24 hours
after their embarkation. Passengers and special personnel must be
instructed in the use of the lifejackets and the action to take in an
emergency.
(3) Whenever new passengers or special personnel embark, a safety
briefing must be given immediately before sailing or immediately after
sailing. The briefing must include the instructions required by
Sec. 199.80 and must be made by means of an announcement in one or more
languages likely to be understood by the passengers and special
personnel. The announcement must be made on the vessel's public address
system or by other equivalent means likely to be heard by the
passengers and special personnel who have not yet heard it during the
voyage. The briefing may be included in the muster required by
paragraph (b)(2) of this section if the muster is held immediately upon
departure. Information cards or posters, or video programs displayed on
the vessel video displays, may be used to supplement the briefing, but
may not be used to replace the announcement.
(c) Drills--general. (1) Drills must, as far as practicable, be
conducted as if there were an actual emergency.
(2) Every crewmember must participate in at least one abandon-ship
drill and one fire drill every month. The drills of the crew must take
place within 24 hours of the vessel leaving a port if more than 25
percent of the crew have not participated in abandon-ship and fire
drills on board that particular vessel in the previous month.
(3) Drills must be held before sailing when a vessel enters service
for the first time, after modification of a major character, or when a
new crew is engaged.
(4) The OCMI may accept other equivalent drill arrangements for
those classes of vessels for which compliance with this paragraph is
impracticable.
(d) Abandon-ship drills. (1) Abandon-ship drills must include--
(i) Summoning persons on board to muster stations with the general
alarm followed by drill announcements on the public address or other
communication system and ensuring that the persons on board are made
aware of the order to abandon ship;
(ii) Reporting to stations and preparing for the duties described
in the muster list;
(iii) Checking that persons on board are suitably dressed;
(iv) Checking that lifejackets or immersion suits are correctly
donned;
(v) Lowering of at least one lifeboat after any necessary
preparation for launching;
(vi) Starting and operating the lifeboat engine; and
(vii) Operating davits used for launching the liferafts.
(2) Abandon-ship drills should also include conducting a mock
search and rescue of passengers or special personnel trapped in their
staterooms, and giving instructions in the use of radio lifesaving
appliances.
(3) Different lifeboats must, as far as practicable, be lowered to
comply with the requirements of paragraph (d)(1)(v) of this section at
successive drills.
(4) Except as provided in paragraphs (d)(5) and (d)(6) of this
section, each lifeboat must be launched with its assigned operating
crew aboard and maneuvered in the water at least once every 3 months
during an abandon-ship drill.
(5) Lowering into the water, rather than launching of a lifeboat
arranged for free-fall launching, is acceptable when free-fall
launching is impracticable, provided that the lifeboat is free-fall
launched with its assigned operating crew aboard and is maneuvered in
the water at least once every 6 months. However, when compliance with
the 6-month requirement is impracticable, the OCMI may extend this
period to 12 months, provided that arrangements are made for simulated
launching at intervals of not more than 6 months.
(6) The OCMI may exempt a vessel operating on short international
voyages from the requirement to launch the lifeboats on both sides of
the vessel if
[[Page 25328]]
berthing arrangements in port and operations do not permit launching of
lifeboats on one side. However, all lifeboats on the vessel must be
lowered at least once every 3 months and launched at least annually.
(7) As far as is reasonable and practicable, rescue boats, other
than lifeboats which are also rescue boats, must be launched with their
assigned crew aboard and maneuvered in the water each month. Such
launching and maneuvering must occur at least once every 3 months.
(8) If lifeboat and rescue boat launching drills are carried out
with the vessel making headway, such drills must, because of the
dangers involved, be practiced in sheltered waters only and be under
the supervision of an officer experienced in such drills.
(9) If a vessel is fitted with marine evacuation systems, drills
must include an exercising of the procedures required for the
deployment of such a system up to the point immediately preceding
actual deployment of the system. This aspect of drills should be
augmented by regular instruction using the on board training aids.
Additionally, every crewmember assigned to duties involving the marine
evacuation system must, as far as practicable, participate in a full
deployment of a similar system into water, either on board a vessel or
ashore, every 2 years but not longer than every 3 years. This training
may be associated with the deployments required by Sec. 199.190(k).
(10) Emergency lighting for mustering and abandonment must be
tested at each abandon-ship drill.
(11) If a vessel carries immersion suits or anti-exposure suits,
the suits must be worn by crewmembers in at least one abandon-ship
drill per month. If wearing the suits is impracticable due to warm
weather, the crewmembers must be instructed on their donning and use.
(12) If a vessel carries immersion suits for persons other than the
crew, the abandon-ship drill must include instruction to these persons
on the stowage, donning, and use of the suits.
(e) Line-throwing appliance. A drill must be conducted on the use
of the line-throwing appliance at least once every 3 months. The actual
firing of the appliance is at the discretion of the master.
(f) Fire drills. (1) Fire drills must, as far as practicable, be
planned with due consideration given to the various emergencies that
may occur for that type of vessel and its cargo.
(2) Each fire drill must include--
(i) Reporting to stations and preparing for the duties described in
the station bill for the particular fire emergency being simulated;
(ii) Starting of fire pumps and the use of two jets of water to
determine that the system is in proper working order;
(iii) Checking the firemen's outfits and other personal rescue
equipment;
(iv) Checking the relevant communications equipment;
(v) Checking the operation of watertight doors, fire doors, and
fire dampers and main inlets and outlets of ventilation systems in the
drill area; and
(vi) Checking the necessary arrangements for subsequent abandonment
of the vessel.
(3) The equipment used during drills must immediately be brought
back to its fully operational condition. Any faults and defects
discovered during the drills must be remedied as soon as possible.
(g) Onboard training and instruction. (1) Onboard training in the
use of the vessel's lifesaving appliances, including survival craft
equipment, and in the use of the vessel's fire-extinguishing appliances
must be given as soon as possible but not later than 2 weeks after a
crewmember joins the vessel.
(2) If the crewmember is on a regularly scheduled rotating
assignment to the vessel, the training required in paragraph (g)(1) of
this section need be given only within 2 weeks of the time the
crewmember first joins the vessel.
(3) The crew must be instructed in the use of the vessel's fire-
extinguishing and lifesaving appliances and in survival at sea at the
same interval as the drills. Individual units of instruction may cover
different parts of the vessel's lifesaving and fire-extinguishing
appliances, but all the vessel's lifesaving and fire-extinguishing
appliances must be covered within any period of 2 months.
(4) Every crewmember must be given instructions that include, but
are not limited to--
(i) The operation and use of the vessel's inflatable liferafts;
(ii) The problems of hypothermia, first aid treatment for
hypothermia, and other appropriate first aid procedures;
(iii) Any special instructions necessary for use of the vessel's
lifesaving appliances in severe weather and severe sea conditions; and
(iv) The operation and use of fire-extinguishing appliances.
(5) Onboard training in the use of davit-launched liferafts must
take place at intervals of not more than 4 months on each vessel with
davit-launched liferafts. Whenever practicable, this training must
include the inflation and lowering of a liferaft. If this liferaft is a
special liferaft intended for training purposes only and is not part of
the vessel's lifesaving equipment, this liferaft must be conspicuously
marked.
(h) Records. (1) When musters are held, details of abandon-ship
drills, fire drills, drills of other lifesaving appliances, and onboard
training must be recorded in the vessel's official logbook. Logbook
entries must include--
(i) The date and time of the drill, muster, or training session;
(ii) The survival craft and fire-extinguishing equipment used in
the drills;
(iii) Identification of inoperative or malfunctioning equipment and
the corrective action taken;
(iv) Identification of crewmembers participating in drills or
training sessions; and
(v) The subject of the onboard training session.
(2) If a full muster, drill, or training session is not held at the
appointed time, an entry must be made in the logbook stating the
circumstances and the extent of the muster, drill, or training session
held.
Sec. 199.190 Operational readiness, maintenance, and inspection of
lifesaving equipment.
(a) Operational readiness. Before the vessel leaves port and at all
times during the voyage, each lifesaving appliance must be in working
order and ready for immediate use.
(b) Maintenance. (1) The manufacturer's instructions for onboard
maintenance of lifesaving appliances must be on board the vessel. The
following must be provided for each appliance.
(i) Checklists for use when carrying out the inspections required
under paragraph (e) of this section.
(ii) Maintenance and repair instructions.
(iii) A schedule of periodic maintenance.
(iv) A diagram of lubrication points with the recommended
lubricants.
(v) A list of replaceable parts.
(vi) A list of sources of spare parts.
(vii) A log of records of inspections and maintenance.
(2) In lieu of compliance with paragraph (b)(1) of this section,
the OCMI may accept a shipboard planned maintenance program that
includes the items listed in that paragraph.
(c) Spare parts and repair equipment. Spare parts and repair
equipment must be provided for each lifesaving appliance and component
that is subject to excessive wear or consumption and that needs to be
replaced regularly.
(d) Weekly inspections and tests. (1) Each survival craft, rescue
boat, and
[[Page 25329]]
launching appliance must be visually inspected to ensure its readiness
for use.
(2) Each lifeboat engine and rescue boat engine must be run ahead
and astern for not less than 3 minutes, unless the ambient temperature
is below the minimum temperature required for starting the engine.
During this time, demonstrations should indicate that the gear box and
gear box train are engaging satisfactorily. If the special
characteristics of an outboard motor fitted to a rescue boat do not
allow the outboard motor to be run for a period of 3 minutes other than
with its propeller submerged, the outboard motor should be run for such
period as prescribed in the manufacturer's handbook.
(3) The general alarm system must be tested.
(e) Monthly inspections. (1) Each lifesaving appliance, including
lifeboat equipment, must be inspected monthly using the checklists
required under paragraph (b)(1)(i) of this section to make sure the
appliance and the equipment are complete and in good working order. A
report of the inspection, including a statement as to the condition of
the equipment, must be recorded in the vessel's official logbook.
(2) Each EPIRB and each SART, other than an EPIRB or SART in an
inflatable liferaft, must be tested monthly. The EPIRB must be tested
using the integrated test circuit and output indicator to determine
that it is operative.
(f) Annual inspections. Annual inspections must include the
following:
(1) Each survival craft, except for inflatable craft, must be
stripped, cleaned, and thoroughly inspected and repaired, as needed, at
least once each year and each fuel tank must be emptied, cleaned, and
refilled with fresh fuel.
(2) Each davit, winch, fall, and other launching appliance must be
thoroughly inspected and repaired, as needed, once each year.
(3) Each item of survival equipment with an expiration date must be
replaced during the annual inspection if the expiration date has
passed.
(4) Each battery clearly marked with an expiration date and used in
an item of survival equipment must be replaced during the annual
inspection if the expiration date has passed.
(5) Except for a storage battery used in a lifeboat or rescue boat,
each battery without an expiration date that is used in an item of
survival equipment must be replaced during the annual inspection.
(g) Servicing of inflatable lifesaving appliances, inflated rescue
boats, and marine evacuation systems.
(1) Each inflatable lifesaving appliance and marine evacuation
system must be serviced--
(i) Within 12 months of its initial packing; and
(ii) Within 12 months of each subsequent servicing, except when
servicing is delayed until the next scheduled inspection of the vessel,
provided the delay does not exceed 5 months.
(2) Each inflatable lifejacket must be serviced in accordance with
servicing procedures meeting the requirements of part 160, subpart
160.176 of this chapter. Each hybrid inflatable lifejacket must be
serviced in accordance with the owners manual and meet the requirements
of part 160, subpart 160.077 of this chapter.
(3) Each inflatable liferaft must be serviced--
(i) In accordance with servicing procedures meeting the
requirements of part 160, subpart 160.051 of this chapter; and
(ii) Whenever the container of the raft is damaged, or the straps
or seal broken.
(4) Each inflated rescue boat must be repaired and maintained in
accordance with the manufacturer's instructions. All repairs must be
made at a serving facility approved by the Commandant (G-MSE), except
for emergency repairs carried out on board the vessel.
(h) Periodic servicing of hydrostatic release units. Each
hydrostatic release unit, other than a disposable hydrostatic release
unit, must be serviced in accordance with repair and testing procedures
meeting the requirements of part 160, subpart 160.062 of this chapter--
(1) Within 12 months of its manufacture; and
(2) Within 12 months of each subsequent servicing, except when
servicing is delayed until the next scheduled inspection of the vessel,
provided the delay does not exceed 5 months.
(i) Periodic serving of launching appliances and release gear. (1)
Launching appliances must be serviced at the intervals recommended in
the manufacturer's instructions or as set out in the shipboard planned
maintenance program.
(2) Launching appliances must be thoroughly examined at intervals
not exceeding 5 years and, upon completion of the examination, the
launching appliance must be subjected to a dynamic test of the winch
brake.
(3) Lifeboat and rescue boat release gear must be serviced at the
intervals recommended in the manufacturer's instructions, or as set out
in the shipboard-planned-maintenance program.
(4) Lifeboat and rescue boat release gear must be subjected to a
thorough examination by properly trained personnel familiar with the
system at each inspection for certification.
(5) Lifeboat and rescue boat release gear must be operationally
tested under a load of 1.1 times the total mass of the lifeboat when
loaded with its full complement of persons and equipment whenever
overhauled or at least once every 5 years.
(j) Maintenance of falls. (1) Each fall used in a launching
appliance must--
(i) Be turned end-for-end at intervals of not more than 30 months;
and
(ii) Be renewed when necessary due to deterioration or at intervals
of not more than 5 years, whichever is earlier.
(2) As an alternative to paragraph (j)(1) of this section, each
fall may--
(i) Be inspected annually; and
(ii) Be renewed whenever necessary due to deterioration or at
intervals of not more than 4 years, whichever is earlier.
(k) Rotational deployment of marine evacuation systems. In
addition, to or in conjunction with, the servicing intervals of marine
evacuation systems required by paragraph (g)(1) of this section, each
marine evacuation system must be deployed from the vessel on a
rotational basis. Each marine evacuation system must be deployed at
least once every 6 years.
Subpart C--Additional Requirements for Passenger Vessels
Sec. 199.200 General.
Passenger vessels and special purpose vessels described in
Sec. 199.10(f), must meet the requirements in this subpart in addition
to the requirements in subparts A and B of this part.
Sec. 199.201 Survival craft.
(a) Each survival craft must be approved and equipped as follows:
(1) Each lifeboat must be approved under approval series 160.135
and equipped as specified in table 199.175 of this part.
(2) Each inflatable liferaft must be approved under approval series
160.151 and equipped with--
(i) A SOLAS A pack; or
(ii) For a passenger vessel on a short international voyage, a
SOLAS B pack.
(3) Each rigid liferaft must be approved under approval series
160.118 and equipped as specified in table 199.175 of this part.
(4) Each marine evacuation system must be approved under approval
series 160.175.
(5) Each liferaft must have a capacity of six persons or more.
[[Page 25330]]
(b) Each passenger vessel must carry the following:
(1) A combination of lifeboats and liferafts that have an aggregate
capacity sufficient to accommodate the total number of persons on
board, provided that--
(i) On each side of the vessel, lifeboats with an aggregate
capacity sufficient to accommodate at least 37.5 percent of the total
number of persons on board are carried; and
(ii) Any liferafts that are provided in combination with the
lifeboats are served by launching appliances or marine evacuation
systems equally distributed on each side of the vessel.
(2) In addition to the survival craft required in paragraph (b)(1)
of this section, additional liferafts must be provided that have a
aggregate capacity sufficient to accommodate at least 25 percent of the
total number of persons on board. The additional liferafts--
(i) Must be served by at least one launching appliance or marine
evacuation system on each side of the vessel. These launching
appliances or marine evacuation systems must be those described under
paragraph (b)(1)(ii) of this section or be equivalent approved
appliances capable of being used on both sides of the vessel; and
(ii) Are not required to be stowed in accordance with
Sec. 199.130(c)(4).
(c) Each passenger vessel engaged on a short international voyage
that also complies with the standards of subdivision requirements for
vessels on short international voyages as described in subchapter S of
this chapter may, as an alternative to the lifeboat requirements in
paragraph (b)(1)(i) of this section, carry lifeboats with an aggregate
capacity sufficient to accommodate at least 30 percent of the total
number of persons on board. These lifeboats must be equally
distributed, as far as practicable, on each side of the vessel.
(d) Each passenger vessel that is less than 500 tons gross tonnage
and is certificated to permit less than 200 persons on board is not
required to meet the requirements of paragraphs (b) or (c) of this
section if it meets the following:
(1) On each side of the vessel--
(i) Liferafts are carried with an aggregate capacity sufficient to
accommodate the total number of persons on board and are stowed in a
position providing for easy side-to-side transfer at a single open deck
level; or
(ii) Liferafts are carried with an aggregate capacity sufficient to
accommodate 150 percent of the total number of persons on board. If the
rescue boat required under Sec. 199.202 is also a lifeboat, its
capacity may be included to meet the aggregate capacity requirement.
(2) If the largest survival craft on either side of the vessel is
lost or rendered unserviceable, there must be survival craft available
for use on each side of the vessel, including those which are stowed in
a position providing for side-to-side transfer at a single open deck
level, with a capacity sufficient to accommodate the total number of
persons on board.
Sec. 199.202 Rescue boats.
(a) Each passenger vessel of 500 tons gross tonnage and over must
carry on each side of the vessel at least one rescue boat approved
under approval series 160.156 that is equipped as specified in table
199.175 of this part.
(b) Each passenger vessel of less than 500 tons gross tonnage must
carry at least one rescue boat approved under approval series 160.156
that is equipped as specified in table 199.175 of this part.
(c) A lifeboat is accepted as a rescue boat if, in addition to
being approved under approval series 160.135, it is also approved under
approval series 160.156.
Sec. 199.203 Marshalling of liferafts.
(a) Each passenger vessel must have a lifeboat or rescue boat for
each six liferafts when--
(1) Each lifeboat and rescue boat is loaded with its full
complement of persons; and
(2) The minimum number of liferafts necessary to accommodate the
remainder of the persons on board have been launched.
(b) A passenger vessel engaged on a short international voyage that
also complies with the standards of subdivision requirements for
vessels on short international voyages as described in subchapter S of
this chapter may have a lifeboat or rescue boat for each nine liferafts
when--
(1) Each lifeboat and rescue boat is loaded with its full
complement of persons; and
(2) The minimum number of liferafts necessary to accommodate the
remainder of the persons on board have been launched.
Sec. 199.211 Lifebuoys.
(1) Each passenger vessel must carry the number of lifebuoys
prescribed in table 199.211 of this section.
Table 199.211.--Requirements for Lifebuoys for Passenger Vessels
------------------------------------------------------------------------
Minimum
Length of vessel in meters (feet) number of
lifebuoys
------------------------------------------------------------------------
Under 60 (196)............................................. 8
60(196) and under 120(393)................................. 12
120(393) and under 180 (590)............................... 18
180 (590) and under 240 (787).............................. 24
240 (787) and over......................................... 30
------------------------------------------------------------------------
(b) Notwithstanding Sec. 199.70(a)(3)(ii), each passenger vessel
under 60 meters (196 feet) in length must carry at least six lifebuoys
with self-igniting lights.
Sec. 199.212 Lifejackets.
(a) In addition to the lifejackets required under Sec. 199.70(b),
each passenger vessel must carry lifejackets for at least 5 percent of
the total number of persons on board. These lifejackets must be stowed
in conspicuous places on deck or at muster stations.
(b) Where lifejackets for persons other than the crew are stowed in
staterooms located remotely from direct routes between public spaces
and muster stations, any additional lifejackets required by
Sec. 199.70(b)(2)(v) for these persons must be stowed in the public
spaces, near muster stations, or on direct routes between them. These
lifejackets must be stowed so that their distribution and donning does
not impede orderly movement to muster stations and survival craft
embarkation stations.
Sec. 199.214 Immersion suits and thermal protective aids.
(a) Each passenger vessel must carry at least three immersion suits
approved under approval series 160.171 for each lifeboat on the vessel.
[[Page 25331]]
(b) In addition to the requirements in paragraph (a) of this
section, each passenger vessel must carry a thermal protective aid
approved under approval series 160.174 for each person not provided
with an immersion suit.
(c) The immersion suits and thermal protective aids required under
paragraphs (a) and (b) of this section are not required if the
passenger vessel operates only on routes between 32 degrees north and
32 degrees south latitude.
Sec. 199.217 Muster list and emergency instructions.
(a) The format of each passenger vessel muster list required under
Sec. 199.80 must be approved by the OCMI.
(b) The passenger vessel muster list or emergency instructions must
include procedures for locating and rescuing persons other than the
crew who may be trapped in their staterooms.
(c) As an alternative to the requirements in Sec. 199.80(c), the
passenger vessel emergency instructions may meet the requirements of
MSC Circular 699 (Guidelines for Passenger Safety Instructions).
Sec. 199.220 Survival craft and rescue boat embarkation arrangements.
(a) Survival craft embarkation arrangements must be designed for--
(1) Each lifeboat to be boarded and launched either directly from
the stowed position or from an embarkation deck, but not both; and
(2) Davit-launched liferafts to be boarded and launched from a
position immediately adjacent to the stowed positions or from a
position where, as described under Sec. 199.130(b)(4), the liferaft is
transferred before launching.
(b) Each rescue boat must be able to be boarded and launched
directly from the stowed position with the number of persons assigned
to crew the rescue boat on board. Notwithstanding paragraph (a)(1) of
this section, if the rescue boat is also a lifeboat and the other
lifeboats are boarded and launched from an embarkation deck, the
arrangements must be such that the rescue boat can also be boarded and
launched from the embarkation deck.
Sec. 199.230 Stowage of survival craft.
(a) To meet the requirements of Sec. 199.130(b)(1), each lifeboat
on a passenger vessel of 80 meters (262 feet) in length and upwards
must be stowed where the after-end of the lifeboat is at least 1.5
times the length of the lifeboat forward of the vessel's propeller.
(b) The stowage height of a survival craft must take into account
the vessel's escape provisions, the vessel's size, and the weather
conditions likely to be encountered in the vessel's intended area of
operation.
(c) The height of the davit head of each davit when it is in
position to launch the survival craft should, as far as practicable,
not exceed 15 meters (49 feet) to the waterline when the vessel is in
its lightest seagoing condition.
Sec. 199.240 Muster stations.
Each passenger vessel must, in addition to meeting the requirements
of Sec. 199.110, have muster stations that--
(a) Are near the embarkation stations, unless a muster station is
also an embarkation station;
(b) Permit ready access to the embarkation station, unless a muster
station is also an embarkation station; and
(c) Have sufficient room to marshal and instruct passengers and
special personnel.
Sec. 199.245 Survival craft embarkation and launching arrangements.
(a) Each davit-launched liferaft must be arranged to be rapidly
boarded by its full complement of persons.
(b) All survival craft required for abandonment by the total number
of persons on board must be capable of being launched with the survival
crafts' full complement of persons and equipment within a period of 30
minutes from the time the abandon-ship signal is given.
Sec. 199.250 Drills.
(a) An abandon-ship drill and a fire drill, as described in
Sec. 199.180, must be conducted on each passenger vessel at least
weekly.
(b) The entire crew does not have to be involved in every drill,
but each crewmember must participate in an abandon-ship drill and a
fire drill each month.
(c) Passengers and special personnel must be strongly encouraged to
attend abandon-ship and fire drills.
Subpart D--Additional Requirements for Cargo Vessels
Sec. 199.260 General.
Cargo vessels and special purpose vessels, as described in
Sec. 199.10(g), must meet the requirements in this subpart in addition
to the requirements in subparts A and B of this part.
Sec. 199.261 Survival craft.
(a) Each survival craft must be approved and equipped as follows:
(1) Each lifeboat must be a totally enclosed lifeboat approved
under approval series 160.135 and equipped as specified in table
199.175 of this part.
(2) Each inflatable liferaft must be approved under approval series
160.151 and be equipped with a SOLAS A pack.
(3) Each rigid liferaft must be approved under approval series
160.118 and be equipped as specified in table 199.175 of this part.
(4) Each liferaft must have a capacity of six persons or more.
(5) Each marine evacuation system must be approved under approval
series 160.175.
(b) Each cargo vessel must carry--
(1) On each side of the vessel, lifeboats with an aggregate
capacity sufficient to accommodate the total number of persons on
board; and
(2) Liferafts--
(i) With an aggregate capacity sufficient to accommodate the total
number of persons on board and that are stowed in a position providing
for easy side-to-side transfer at a single open deck level; or
(ii) With an aggregate capacity on each side sufficient to
accommodate the total number of persons on board.
(c) A cargo vessel is not required to meet the requirements of
paragraph (b) of this section if it carries--
(1) Lifeboats capable of being free-fall launched over the stern of
the vessel that have an aggregate capacity sufficient to accommodate
the total number of persons on board; and
(2) On each side of the vessel, liferafts with an aggregate
capacity sufficient to accommodate the total number of persons on board
with the liferafts on at least one side of the vessel being served by
launching appliances or marine evacuation systems.
(d) Cargo vessels less than 85 meters (278 feet) in length, with
the exception of tank vessels, are not required to meet paragraphs (b)
or (c) of this section if they meet the following:
(1) On each side of the vessel--
(i) Liferafts are carried with an aggregate capacity sufficient to
accommodate the total number of persons on board and are stowed in a
position providing for easy side-to-side transfer at a single open deck
level; or
(ii) Liferafts are carried with an aggregate capacity sufficient to
accommodate 150 percent of the total number of persons on board. If the
rescue boat required under Sec. 199.262 is also a lifeboat, its
capacity may be included to meet the aggregate capacity requirement.
(2) In the event the largest survival craft on either side of the
vessel is lost or rendered unserviceable, there must be survival craft
available for use on each side of the vessel, including those which are
stowed in a position providing for side-to-side transfer at a
[[Page 25332]]
single open deck level, with a capacity sufficient to accommodate the
total number of persons on board.
(e) Each cargo vessel on which the horizontal distance from the
extreme end of the stem or stern of the vessel to the nearest end of
the closest survival craft is more than 100 meters (328 feet) must
carry, in addition to the liferafts required by paragraphs (b)(2) and
(c)(2) of this section, a liferaft stowed as far forward or aft, or one
as far forward and another as far aft, as is reasonable and
practicable. The requirement for the liferaft to float free under
Sec. 199.130(c)(7) does not apply to a liferaft under this paragraph,
provided it is arranged for quick manual release.
(f) Each lifeboat on a tank vessel certificated to carry cargos
that emit toxic vapors or gases must be approved as a lifeboat with a
self-contained air support system or a fire-protected lifeboat.
(g) Each lifeboat must be approved as a fire-protected lifeboat if
it is carried on a tank vessel certificated to carry cargos that have a
flashpoint less than 60 deg.C as determined under ASTM D93-94.
Sec. 199.262 Rescue boats.
(a) Each cargo vessel must carry at least one rescue boat. Each
rescue boat must be approved under approval series 160.156 and be
equipped as specified in table 199.175 of this part.
(b) A lifeboat is accepted as a rescue boat if, in addition to
being approved under approval series 160.135, it also is approved under
approval series 160.156.
Sec. 199.271 Lifebuoys.
Each cargo vessel must carry the number of lifebuoys prescribed in
table 199.271 of this section.
Table 199.271.--Requirements for Lifebuoys on Cargo Vessels
------------------------------------------------------------------------
Minimum
Length of vessel in meters (feet) number of
lifebuoys
------------------------------------------------------------------------
Under 100 (328)............................................ 8
100 (328) and under 150 (492).............................. 10
150 (492) and under 200 (656).............................. 12
200 (656) and over......................................... 14
------------------------------------------------------------------------
Sec. 199.273 Immersion suits.
(a) Each cargo vessel must carry an immersion suit approved under
approval series 160.171 of an appropriate size for each person on
board.
(b) If watch stations, work stations, or work sites are remote from
cabins, staterooms, or berthing areas and the immersion suits stowed in
those locations, there must be, in addition to the immersion suites
required under paragraph (a) of this section, enough immersion suits
stowed at the watch stations, work stations, or work sites to equal the
number of persons normally on watch in, or assigned to, those locations
at any time.
(c) The immersion suits required under paragraphs (a) and (b) of
this section are not required if the cargo vessel operates only on
routes between 32 degrees north and 32 degrees south latitude.
(d) The immersion suits required under this section can be included
to meet the requirements of Sec. 199.70(c).
Sec. 199.280 Survival craft embarkation and launching arrangements.
(a) Each lifeboat must be arranged to be boarded and launched
directly from the stowed position.
(b) Each davit-launched liferaft must be arranged to be boarded and
launched from a position immediately adjacent to the stowed position or
from a position where, under Sec. 199.130(b)(4), the liferaft is
transferred before launching.
(c) Cargo vessels of 20,000 tons gross tonnage or more must carry
lifeboats that are capable of being launched, using painters if
necessary, with the vessel making headway at speeds up to 5 knots in
clam water.
(d) All survival craft required for abandonment by the total number
of persons on board must be capable of being launched with their full
complement of persons and equipment within 10 minutes from the time the
abandon-ship signal is given.
(e) On a tank vessel carrying crude oil, product, chemicals, or
liquefied gases, notwithstanding the requirements of Sec. 199.150(b),
each launching appliance, together with its lowering and recovery gear,
must be arranged so that the fully equipped survival craft the
launching appliance serves can be safely lowered on the lower side of
the vessel at the angle of heel after damage calculated in accordance
with--
(1) The International Convention for the Prevention of Pollution
from Ships, 1973, as amended by the Protocal of 1978 (MARPOL 73/78), in
the case of an oil tanker;
(2) The International Code for the Construction and Equipment of
Ships carrying Dangerous Chemicals in Bulk, in the case of a chemical
tanker; or
(3) The International Code for the Construction and Equipment of
Ships carrying Liquefied Gases in Bulk, in the case of a gas carrier.
Sec. 199.290 Stowage of survival craft.
(a) To meet the requirements of Sec. 199.130(b)(1), each lifeboat--
(1) On a cargo vessel 80 meters (262 feet) or more in length but
less than 120 meters (393 feet) in length, must be stowed with the
after-end of the lifeboat at a distance not less than one length of the
lifeboat forward of the vessel's propeller; and
(2) On a cargo vessel 120 meters (393 feet) or more in length, must
be stowed with the after end of the lifeboat not less than 1.5 times
the length of the lifeboat forward of the vessel's propeller.
(b) On a tank vessel certificated to carry cargos that have a
flashpoint less the 60 deg.C as determined under ASTM D93-94, each
lifeboat or launching appliance of aluminum construction must be
protected by a water spray system meeting the requirements of part 34,
subpart 34.25 of this chapter.
(c) Other than the stowage position for the liferaft required under
Sec. 199.261(e), no stowage position or muster and embarkation station
for a survival craft on a tank vessel may be located on or above a
cargo tank, slop tank, or other tank containing explosives or hazardous
liquids.
(d) Each lifeboat and davit-launched liferaft must be arranged to
be boarded by its full complement of persons within 3 minutes from the
time the instruction to board is given.
Subpart E--Additional Requirements for Vessels Not Subject to SOLAS
Sec. 199.500 General.
This subpart sets out requirements in addition to the requirements
in subparts A, B, C, and D of this part applicable to vessels not
subject to SOLAS.
[[Page 25333]]
Sec. 199.510 EPIRB requirements.
(a) Each vessel must carry a category 1 406 MHz satellite EPIRB
meeting the requirements of 47 CFR part 80.
(b) When the vessel is underway, the EPIRB must be stowed in its
float-free bracket with the controls set for automatic activation and
be mounted in a manner so that it will float free if the vessel sinks.
Sec. 199.520 Lifeboat requirements.
When the vessel's lifeboats are used to carry persons to and from
the vessel in a harbor or at an anchorage, the survival craft remaining
on the vessel must have an aggregate capacity sufficient to accommodate
all persons remaining on board.
Subpart F--Exemptions and Alternatives for Vessels Not Subject to
SOLAS
Sec. 199.600 General.
This subpart sets out specific exemptions and alternatives to
requirements in subparts A, B, C, D, and E of this part for vessels not
subject to SOLAS.
Sec. 199.610 Exemptions for vessels in specified services.
(a) All vessels. Vessels operating in coastwise; Great Lakes;
lakes, bays, and sounds; and rivers service are exempt from
requirements in subparts A through E of this part as specified in this
paragraph and in table 199.610(a) of this section.
(1) Non-self propelled vessels. Non-self propelled vessels need not
meet the EPIRB requirement in Sec. 199.510 and the rescue boat
requirements in Secs. 199.202 or 199.262 if they are in tow, moored to
or alongside a MODU or a self-propelled vessel, or moored to shore.
(2) Vessels operating on short runs. The distress signals
requirement in Sec. 199.60(c) need not be met if the vessel operates on
a route with a duration of 30 minutes or less.
(3) Vessels operating in shallow water. The float-free link
described in Secs. 199.175(b)(21)(ii)(B) and 199.640(j)(4)(E) is not
required if the vessel operates on a route on which the water depth is
never more than the length of the painter.
(4) Vessels operating in fresh water. The survival craft fall
renewal described in Sec. 199.190(j) is not required if the vessel
operates on a fresh water route and inspection shows that the falls are
not damaged by corrosion.
Table 199.610(a).--Exemptions for All Vessels in Specified Services
----------------------------------------------------------------------------------------------------------------
Service
-----------------------------------------------------------------------
Section or paragraph in this part Lakes, bays, and
Coastwise Great Lakes sounds Rivers
----------------------------------------------------------------------------------------------------------------
199.60(c): Distress signals............. Not Exempt Not Exempt Exempt Exempt.
199.70(a)(3)(iii): Lifebuoys fitted with Exempt Exempt Exempt Exempt.
smoke signals.
199.70(b)(1)(i): Carriage of additional (\1\) (\1\) (\1\) (\1\).
child-size lifejackets.
199.70(b)(4)(i): Lifejacket lights...... (\2\) (\2\) Exempt Exempt.
199.70(b)(4)(ii): Lifejacket whistles... Exempt Exempt Exempt Exempt.
199.70(c): Immersion suits for rescue Not Exempt Not Exempt Exempt Exempt.
boat crew members.
199.70(c)(4)(ii): Immersion suit Exempt Exempt Exempt Exempt.
whistles.
199.100(c)(1): Requirements for person- Not Exempt Not Exempt Not Exempt Exempt.
in-charge of survival craft.
199.100(d): Designation of second-in- (\3\) (\3\) (\3\) Exempt.
command of survival craft.
199.100(f): Embarkation ladders at (\4\) (\4\) (\4\) (\4\).
launching stations.
199.130(a)(4): Survival craft Not Exempt Not Exempt Exempt Exempt.
embarkation position.
199.170: Line-throwing appliance........ Not Exempt Exempt Exempt Exempt.
199.510: EPIRB requirement.............. (\5\) (\6\) Exempt Exempt.
----------------------------------------------------------------------------------------------------------------
Notes:
(\1\) Exempt if the vessel does not carry persons smaller than the lower size limit of the lifejackets carried.
(\2\) Exempt if the vessel is a ferry or has no overnight accommodations.
(\3\) Exempt if the survival craft has a carrying capacity of less than 40 persons.
(\4\) Exempt if the distance is less than 3 meters (10 feet) from the embarkation deck to the water with the
vessel in its lightest seagoing operating condition.
(\5\) Exempt if the vessel is a cargo vessel under 300 tons gross tonnage and operates on a route no more than 3
nautical miles from shore.
(\6\) Exempt if the vessel operates on a route no more than 3 nautical miles from shore.
(b) Passenger vessels. In addition to the exemptions in paragraph
(a) of this section, passenger vessels operating in coastwise; Great
Lakes; lakes, bays, and sounds; and rivers service are exempt from
requirements in subparts A through E of this part as specified in table
199.610(b) of this section.
Table 199.610(b).--Exemptions for Passenger Vessels in Specified Services
----------------------------------------------------------------------------------------------------------------
Service
Section or paragraph in this --------------------------------------------------------------------------------
part Lakes, bays, and
Coastwise Great Lakes sounds Rivers
----------------------------------------------------------------------------------------------------------------
199.203: Marshalling of Not Exempt Exempt Exempt Exempt.
liferafts.
199.211(b): Lights on lifebuoys (\1\) (\1\) (\1\) (\1\)
199.212(a): Carriage of Exempt Exempt Exempt Exempt.
additional five percent
lifejackets.
199.214: Immersion suits and Not Exempt Not Exempt Exempt Exempt.
thermal protective aids in
lifeboats.
----------------------------------------------------------------------------------------------------------------
Note:
\1\ Exept if the length of vessel is under 60 meters (197 feet) and there are self-igniting lights attached to
at least one-half the required lifebuoys.
(c) Cargo vessels. In addition to the exemptions in paragraph (a)
of this section, cargo vessels operating in coastwise; Great Lakes;
lakes, bays, and sounds; and rivers service are exempt from
requirements in subparts A
[[Page 25334]]
through E of this part as specified in table 199.610(c) of this
section.
Table 199.610(c).--Exemptions for Cargo Vessels in Specified Services
--------------------------------------------------------------------------------------------------------------------------------------------------------
Service
---------------------------------------------------------------------------------------------------------------------
Section or paragraph in this part Lakes, Bays, and
Oceans Coastwise Great Lakes Sounds Rivers
--------------------------------------------------------------------------------------------------------------------------------------------------------
199.70(a)(3)(ii): Lights on Not exempt (\1\) (\1\) (\1\) (\1\)
lifebuoys.
199.80(b): Muster list............ (\2\) (\2\) (\2\) (\2\) (\2\)
199.262(a): Rescue boats.......... (2,3) (\3\) (\3\) (\3\) (\3\)
199.273: Immersion suits.......... Not exempt Not exempt Not exempt Exempt Exempt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Exempt if the length of vessel is under 30 meters (99 feet).
\2\ Exempt if the vessel is under 500 tons gross tonnage.
\3\ Exempt if--(i) the OCMI determines the vessel is arranged to allow a helpless person to be recovered from the water.
(ii) recovery of the helpless person can be observed from the navigating bridge; and
(iii) the vessel does not regularly engage in operations that restrict its maneuverability.
Sec. 199.620 Alternatives for all vessels in a specified service.
(a) General. Vessels operating in oceans; coastwise; Great Lakes;
lakes, bays, and sounds; and rivers service may comply with alt
FR Doc. 96-11777 Lifesaving Equipment
ernative
requirements to subparts A through E of this part as described in this
section for the services specified in table 199.620(a) of this section.
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 series 199.620(b) 1.................. 199.620(b) 1.................. 199.620(b)................... 199.620(b)................... 199.620(b).
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.
199.110(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................ 199.625(g)................... 199.625(g)................... 199.625(g).
position.
199.170: Line-throwing appliance 199.620(h) 2.................. 199.620(h) 3.................. Not Applicable............... Not Applicable............... Not Applicable.
approval series.
199.201(a)(2) or .261(a)(2): 199.620(l) 4.................. 199.620(l).................... 199.620(l)................... 199.620(l)................... 199.620(l).
Inflatable liferaft equipment.
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.
199.201(a)(2) and 199.261: Liferaft No Alternative................ 199.620(k).................... 199.620(k)................... 199.620(k)................... 199.620(k).
approval series.
199.510: EPIRB requirement......... 199.620(m)(1)................. 199.620(m)(1)................. 199.620(m)................... Not Applicable............... Not Applicable.
199.190(c): Spares and repair 199.620(n).................... 199.620(n).................... 199.620(n)................... 199.620(n)................... 199.620(n).
equipment.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
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.
(b) Lifebuoy approval series. As an alternative to a lifebuoy
approved under approval series 160.150, vessels may carry a lifebuoy
approved under approval series 160.050.
(c) Lifejackets approval series. As an alternative to a lifejacket
meeting the approval requirements in Sec. 199.70, vessels may carry a
lifejacket approved under approval series 160.002, 160.005, 160.055, or
160.077.
(d) Lifejacket quantity. Vessels may carry lifejackets as follows:
(1) If lifejackets are stowed in cabins, staterooms, or berthing
areas that are readily accessible to each watch or work station, the
requirement in Sec. 199.70(b)(2)(iv) to have lifejackets at each watch
or work station need not be met.
(2) If the vessel carries lifejackets that are designated extended-
size, then the number of child-size lifejackets carried to meet
Sec. 199.70(b)(1)(i) may be reduced. To take the reduction in child-
size lifejackets, extended-size lifejackets having the same lower size
limit must be substituted for all of the required adult lifejackets.
The number of child-size lifejackets required depends on the lower size
limit of the extended-size lifejackets and is calculated by any one of
the following formulas where PC is the number of child-size lifejackets
expressed as a percentage of the number
[[Page 25335]]
of lifejackets required under Sec. 199.70(b)(1):
(i) PC=LS4.1, where LS equals the lower size limit
expressed in kilograms.
(ii) PC=LS9, where LS equals the lower size limit expressed
in pounds.
(iii) PC=(LS-81)7.6, where LS equals the lower size limit
expressed in centimeters.
(iv) PC=(LS-32)3, where LS equals the lower size limit
expressed in inches.
(e) LIfejacket light approval series. As an alternative to lights
approved under approval series 161.112, vessels may use lights for
lifejackets and immersions suits approved under series 161.012.
Chemiluminescent-type lifejacket lights approved under approval series
161.012 are not permitted on vessels certificated to operate on waters
where water temperature may drop below 10 deg.C (50 deg.F).
(f) Embarkation ladder. An embarkation ladder may be a chain ladder
approved under approval series 160.017.
(g) Survival craft stowage positions. Vessels having widely
separated accommodation and service spaces may have, as an alternative
to the requirements of Sec. 199.130(b), all required lifeboats and 50
percent of the required liferafts stowed as close as possible to the
accommodation and service space that normally holds the greatest number
of persons, with the remainder of the liferafts stowed as close as
possible to each other accommodation and service space.
(h) Line-throwing appliance approval series. As an alternative to a
line-throwing appliance that meets the requirements in Sec. 199.170,
vessels may carry a line-throwing appliance approved under approval
series 160.031, which may have an auxiliary line that is at least 150
meters (500 feet).
(i) Lifeboat, rescue boat, and rigid liferaft equipment; oceans and
coastwise. Lifeboats, rescue boats, and rigid liferafts may carry the
equipment specified in table 199.175 of this part for vessels on a
short international voyage.
(j) Lifeboat, rescue boat, and rigid liferaft equipment; other
services. As an alternative to meeting the survival craft equipment
requirements of Sec. 199.175, a vessel may carry the equipment
specified in table 199.620(j) of this section under the vessel's
category of service. Each item in the table has the same description as
in Sec. 199.175.
Table 199.620(j).--Survival Craft Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Great Lakes Lakes, bays and sounds Rivers
Item --------------------------------------------------------------------------------------------------
No. Item Rigid Rescue Rigid Rescue Rigid Rescue
Lifeboat liferaft boat Lifeboat liferaft boat Lifeboat liferaft boat
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..... Bailer \1\................................... 1 1 1 1 1 1 ......... ......... .........
2..... Bilge pump \2\............................... 1 ......... ......... ......... ......... ......... ......... ......... .........
3..... Boathook..................................... 1 ......... 1 1 ......... 1 1 ......... 1
4..... Bucket \3\................................... 1 ......... 1 1 ......... ......... 1 ......... .........
9..... Fire extinguisher............................ 1 ......... 1 1 ......... 1 1 ......... 1
12.... Flashlight................................... 1 1 1 ......... ......... ......... ......... ......... .........
13.... Hatchet...................................... 2 ......... ......... 1 ......... ......... 1 ......... .........
15.... Instruction card............................. ......... 1 ......... ......... 1 ......... ......... 1 .........
18.... Ladder....................................... 1 ......... 1 ......... ......... ......... ......... ......... .........
20.... Oars, units \4\ \5\.......................... 1 ......... 1 1 ......... 1 1 ......... 1
Paddles...................................... ......... 2 ......... ......... 2 ......... ......... 2 .........
21.... Painter...................................... 2 1 1 1 1 1 1 1 1
23.... Pump \6\..................................... ......... ......... 1 ......... ......... 1 ......... ......... 1
26.... Repair kit \6\............................... ......... ......... 1 ......... ......... 1 ......... ......... 1
27.... Sea anchor................................... 1 2 1 ......... ......... ......... ......... ......... .........
28.... Searchlight.................................. 1 ......... 1 ......... ......... ......... ......... ......... .........
31.... Signal, hand flare........................... 6 6 ......... 6 6 ......... ......... ......... .........
32.... Signal, parachute flare...................... 4 4 ......... ......... ......... ......... ......... ......... .........
33.... Skates and fenders\7\........................ 1 ......... 1 1 ......... 1 1 ......... 1
34.... Sponge \6\................................... ......... 2 2 ......... 2 2 ......... ......... .........
35.... Survival instructions........................ 1 1 ......... 1 1 ......... ......... ......... .........
38.... Tool kit..................................... 1 ......... ......... 1 ......... ......... 1 ......... .........
39.... Towline \8\.................................. 1 ......... 1 1 ......... 1 1 ......... 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Each liferaft approved for 13 persons or more must carry two of these items.
\2\ Not required for boats of self-bailing design.
\3\ Not required for inflated or rigid-inflated rescue boats.
\4\ Oars not required on a free-fall lifeboat; a unit of oars means the number of oars specified by the boat manufacturer.
\5\ Rescue boats may substitute buoyant paddles for oars, as specified by the manufacturer.
\6\ Not required for a rigid rescue boat.
\7\ Required if specified by the manufacturer.
\8\ Required only if the lifeboat is also the rescue boat.
(k) Liferaft approval series. As an alternative to liferafts that
meet the requirements in Secs. 199.201(a) and 199.261(a), vessels may--
(1) Carry inflatable liferafts approved under approval series
160.051; and
(2) Have liferafts with a capacity less than six persons.
(1) Inflatable liferaft equipment. As an alternative to the SOLAS A
Pack, vessels may have a SOLAS B Pack for each inflatable liferaft.
(m) EPIRB requirements. As an alternative to EPIRBs that meet the
requirements in Sec. 199.510, vessels may have the following:
(1) Until February 1, 1999, a Coast Guard-approved Class A EPIRB
manufactured after October 1, 1988, and installed on the vessel on or
before October 1, 1996.
(2) Until February 1, 1999, two Class C EPIRBs installed on the
vessel on or before October 1, 1996. Class C EPIRBs must be installed--
(i) In a weathertight enclosure;
(ii) In a readily accessible location;
(iii) One on each side of the vessel;
[[Page 25336]]
(iv) If the vessel has two or more widely separated deckhouses, at
separate deckhouses; and
(v) At or near a principal embarkation station.
(n) Spare parts and repair equipment. As an alternative to carrying
spare parts and repair equipment as required in Sec. 199.190(c), a
vessel need not carry spare parts and repair equipment if it operates
daily out of a shore base where spare parts and repair equipment are
available.
Sec. 199.630 Alternatives for passenger vessels in a specified
service.
(a) In addition to the alternatives for certain requirements in
Sec. 199.620, passenger vessels operating in oceans; coastwise; Great
Lakes; lakes, bays, and sounds; and rivers service may comply with
alternative requirements to subparts A through C of this part as
described in this section for the services specified in table
199.630(a) of this section.
Table 199.630(a).--Alternative Requirements for Passenger 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
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
199.60(c): Distress signals....... No Alternative............... No Alternative............... 199.630(b).................... Not Applicable................ Not Applicable.
199.201(b): Number and type of 199.630(c) \1\............... 199.630(c) or 199.630(d) \2\. 199.630(c) or 199.630(d) \2\ 199.630(c) or 199.630(d) or 199.630(c) or 199.630(d) or
survival craft carried. or 199.630(e) or 199.630(f) 199.630(e) or 199.630(f) \2\ 199.630(e) or 199.630(f) or
\2\ or 199.630(g) \2\ \3\ or or 199.630(g) \2\ \3\ or 199.630(g) or 199.630(h). \4\
199.630(h) \4\. 199.630(h) \4\.
199.202: Rescue boat approval No Alternative............... No Alternative............... No Alternative................ 199.630(i) \5\................ 199.630(i).
series.
19.203: Marshalling of liferafts.. No Alternative............... 199.630(j)................... Not Applicable................ Not Applicable................ Not Applicable.
1992.211(a): Quantity of lifebuoys No Alternative............... 199.630(k)................... 199.630(k).................... 199.630(k).................... 199.630(k).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(1) Alternative applies if the vessel operates on a route no more than 50 nautical miles from shore.
(2) Alternative applies if the vessel is a ferry or has no overnight accommodations.
(3) Alternative applies during periods of the year the vessel operates in warm water.
(4) Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge the topmost deck.
(5) Alternative applies if the vessel operates on sheltered lakes or harbors.
(b) As an alternative to distress signals that meet the
requirements of Sec. 199.60, vessels may carry at least 12 hand red
flare distress signals approved under approval series 160.021 or
160.121.
(c) As an alternative to the lifeboat capacity requirements of
Sec. 199.201(b)(1)(i), vessels may carry lifeboats with an aggregate
capacity sufficient to accommodate not less than 30 percent of the
total number of persons on board. These lifeboats must be equally
distributed, as far as practicable, on each side of the vessel.
(d) As an alternative to the survival craft requirements of
Sec. 199.201(b), vessels may carry inflatable buoyant apparatus having
an aggregate capacity, together with the capacities of any lifeboats,
rescue boats, and liferafts carried on board sufficient to, accommodate
the total number of persons on board. These inflatable buoyant
apparatus must--
(1) Be served by launching appliances or marine evacuation systems
evenly distributed on each side of the vessel if the embarkation deck
is more than 3 meters (10 feet) above--
(i) The waterline under normal operating conditions; or
(ii) The equilibrium waterline after the vessel is subjected to the
assumed damage and subdivision requirements in part 171 of this
chapter;
(2) Be stowed in accordance with the requirements of Secs. 199.130
(a) and (c); and
(3) Be equipped in accordance with the requirements in table
199.640(j) of this part.
(e) As an alternative to the survival craft requirements of
Sec. 199.201(b), vessels may carry--
(1) Liferafts having an aggregate capacity, together with the
capacities of any lifeboats carried on board, sufficient to accommodate
the total number of persons on board that are served by launching
appliances or marine evacuation systems evenly distributed on each side
of the vessel; and
(2) In addition to the liferafts required in paragraph (e)(1) of
this section, additional liferafts that have an aggregate capacity
sufficient to accommodate at least 10 percent of the total number of
persons, or equal to the capacity of the largest single survival craft
on the vessel, whichever is the greater. The additional liferafts are
not required to be stowed in accordance with Sec. 199.130(c), but they
must be served by at least one launching appliance or marine evacuation
system on each side of the vessel.
(f) As an alternative to the survival craft requirements of
Sec. 199.201(b), vessels must have a safety assessment approved by the
local OCMI that addresses the following:
(1) The navigation and vessel safety conditions within the vessel's
planned operating area including--
(i) The scope and degree of the risks or hazards to which the
vessel will be subject during normal operations;
(ii) The existing vessel traffic characteristics and trends,
including traffic volume; the sizes and types of vessels involved;
potential interference with the flow of commercial traffic; the
presence of any unusual cargoes; and other similar factors;
(iii) The port and waterway configuration and variations in local
conditions of geography, climate, and other similar factors; and
(iv) Environmental factors.
(2) A comprehensive shipboard safety management and contingency
plan that is tailored to the particular vessel, is easy to use, is
understood by vessel management personnel both on board and ashore, is
updated regularly, and includes--
(i) Guidance to assist the vessel's crew in meeting the demand of
catastrophic vessel damage;
[[Page 25337]]
(ii) Procedures to mobilize emergency response teams;
(iii) Procedures for moving passengers from the vessel's spaces to
areas protected from fire and smoke, to embarkation areas, and off the
vessel. The procedures must address provisions for passengers with
physical or mental impairments;
(iv) Lifts of external organizations that the vessel's operator
would call for assistance in the event of an incident;
(v) Procedures for establishing and maintaining communications on
board the vessel and with shoreside contacts; and
(vi) Guidance on theoretical, practical, and actual simulation
training that includes the personnel or organizations identified in the
plan so they can practice their roles in the event of an incident.
(g) As an alternative to the survival craft requirements of
Sec. 199.201(b), vessels may carry inflatable buoyant apparatus having
an aggregate capacity, together with the capacities of any lifeboats,
rescue boats and liferafts carried on board, sufficient to accommodate
67 percent of the total number of persons on board. These inflatable
buoyant apparatus must meet the arrangement requirements of
Secs. 199.630 (d)(1) through (d)(3).
(h) A vessel need not comply with the requirements for survival
craft in Sec. 199.201(b) if the vessel operates--
(1) On a route that is in shallow water not more than 3 miles from
shore and the vessel cannot sink deep enough to submerge the topmost
deck; or
(2) Where the cognizant OCMI determines that survivors can wade
ashore.
(i) As an alternative to the rescue boat required in Sec. 199.202,
vessels may carry a rescue boat meeting the requirements of part 160,
subpart 160.056 of this chapter if it is equipped with a motor and
meets the following:
(1) The towline for the rescue boat must be at least the same size
and length as the rescue boat painter.
(2) The rescue boat must meet the embarkation, launching, and
recovery arrangement requirements in Secs. 199.160 (b) through (f). The
OCMI may allow deviations from the rescue boat launching requirements
based on the characteristics of the boat and the conditions of the
vessel's route.
(j) As an alternative to the requirements of Sec. 199.203(a), a
vessel that meets the subdivision requirements in Sec. 171.068 of this
chapter may meet the requirements of Sec. 199.203(b).
(k) Vessels carrying lifebuoys may carry--
(1) The number of lifebuoys specified in table 199.630(k) of this
section instead of the number required in Sec. 199.199.211; and
(2) If the vessel carries less than four lifebuoys, at least two
with a self-igniting light attached to the lifebuoy. A buoyant lifeline
may be fitted to one of the lifebuoys with a self-igniting light.
Table 199.630(k).--Requirements for Lifebuoys
------------------------------------------------------------------------
Minimum
Length of vessel in meters (feet) number of
lifebuoys
------------------------------------------------------------------------
Under 30 (98)................................................ 3
30 (98) and under 60 (196)................................... 4
60 (196) and under 90 (297).................................. 5
90 (297) and under 120 (393)................................. 12
120 (393) and under 180 (590)................................ 18
180 (590) and under 240 (787)................................ 24
240 (787) and over........................................... 30
------------------------------------------------------------------------
Sec. 199.640 Alternatives for cargo vessels in a specified service.
(a) In addition to the alternatives for certain requirements in
Sec. 199.620, cargo vessels operating in oceans; coastwise; Great
Lakes; lakes, bays, and sounds; and rivers service may comply with
alternative requirements to subparts A, B, and D of this part as
described in this section for the services specified in table
199.640(a) of this section.
Table 199.640(a)--Alternative Requirements for Cargo Vessels in a Specified Service
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Service or reference to alternative requirement section
Section or paragraph in this part -------------------------------------------------------------------------------------------------------------------------------------------------------------
Oceans Coastwise Great Lakes Lakes, bays, and sounds Rivers
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
199.60(c): Distress signals....... 199.640(b) \1\............... 199.640(b) \1\............... 199.640(b) \1\ or 199.630(b).. Not Applicable................ Not Applicable.
199.261: Number and type of 199.640(c) \6\............... 199.640(c) \6\............... 199.640(c) \2\ or 199.640(d) 199.640(c) \2\ or 199.640(d) 199.640(c) or 199.640(d) or
survival craft carried. or 199.640(e) \3\ or or 199.640(e) \3\ or 199.640(e) \3\ or
199.640(f) \4\. 199.640(f) \4\. 199.640(f).\4\
199.262: Rescue boat substitution. No Alternative............... 199.640(g)................... 199.640(g).................... 199.640(g) or 199.640(h) \5\.. 199.640(g) or 199.640(h).
199.271: Lifebuoy quantity........ No Alternative............... 199.640(i)................... 199.640(i).................... 199.640(i).................... 199.640(i).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\1\ Alternative applies to vessels less than 150 tons gross tonnage that do not carry passengers or persons in addition to the crew.
\2\ Alternative applies to cargo vessels less than 85 meters in length, tank vessels less than 500 tons gross tonnage, and nonself-propelled vessels.
\3\ Alternative applies during periods of the year that the vessel operates in warm water.
\4\ Alternative applies if the vessel operates in shallow water not more than 3 miles from shore where the vessel cannot sink deep enough to submerge the topmost deck.
\5\ Alternative applies if the vessel operates on sheltered lakes or harbors.
\6\ Alternative applies to vessels less than 500 tons gross tonnage.
(b) Vessels of less than 150 tons gross tonnage that do not carry
persons other than the crew, may carry, as an alternative to distress
signals that meet the requirements of Sec. 199.60, six hand red flare
distress signals approved under approval series 160.021 and six hand
orange smoke distress signals approved under approval series 160.037.
(c) As an alternative to the survival craft requirements of
Secs. 199.261(b), (c), or (d), vessels may carry one or more liferafts
with an aggregate capacity sufficient to accommodate the total number
of persons on board. The liferafts must be--
(1) Readily transferable for launching on either side of the
vessel; or
(2) Supplemented with additional liferafts to bring the total
capacity of the liferafts available on each side of the vessel to at
least 100 percent of the total
[[Page 25338]]
number of persons on board. If additional liferafts are provided and
the rescue boat required under Sec. 199.262 is also a lifeboat, its
capacity may be included in meeting the aggregate capacity requirement.
(d) As an alternative to the survival craft requirements in
Secs. 199.261 (b), (c), or (d), vessels may carry one or more totally
enclosed lifeboats with an aggregate capacity sufficient to accommodate
the total number of persons on board and one or more liferafts with an
aggregate capacity sufficient to accommodate the total number of
persons on board. This combination of survival craft must meet the
following:
(1) The aggregate capacity of the lifeboats and liferafts on each
side of the vessel must be sufficient to accommodate the total number
of persons on board.
(2) If the survival craft are stowed more than 100 meters (328 feet
from either the stem or the stern of the vessel, an additional liferaft
must be carried and stowed as far forward or aft as is reasonable and
practicable. The requirement for the liferaft to float free under
Sec. 199.290(b) does not apply to a liferaft under this paragraph,
provided the liferaft is arranged for quick manual release.
(e) As an alternative to the survival craft requirements in
Secs. 199.261 (b), (c), or (d), during periods of the year the vessel
operates in warm water, a vessel may carry lifefloats with an aggregate
capacity sufficient to accommodate the total number of people on board.
The lifefloat launching arrangement, stowage, and equipment must meet
the requirements in Sec. 199.640(j).
(f) A vessel need not comply with the requirements for survival
craft in Secs. 199.261 (b), (c), or (d) if the vessel operates--
(1) On a route that is in shallow water not more than 3 miles from
shore and where the vessel cannot sink deep enough to submerge the
topmost deck; or
(2) Where the cognizant OCMI determines that survivors can wade
ashore.
(g) As an alternative to the rescue boat requirement in
Sec. 199.262(a), vessels may carry a motor-propelled workboat or a
launch that meets all the embarkation, launching, and recovery
arrangement requirements in Secs. 199.160 (b) through (f). The OCMI may
allow deviations from the rescue boat launching requirements based on
the characteristics of the boat and the conditions of the vessel's
route.
(h) An an alternative to the rescue boat requirement in
Sec. 199.262, vessels may carry a rescue boat meeting the requirements
of part 160, subpart 160.056 of this chapter if the rescue boat is
equipped with a motor and meets the following:
(1) The towline for the rescue boat must be at least the same size
and length as the rescue boat painter.
(2) The rescue boat must meet the embarkation, launching, and
recovery arrangement requirements in Secs. 199.160 (b) through (f). The
OCMI may allow deviations from the rescue boat launching requirements
based on the characteristics of the boat and the conditions of the
vessel's route.
(i) As an alternative to the number of lifebuoys required in
Sec. 199.271, vessels may carry--
(1) If the vessel is self-propelled, the number of lifebuoys
specified in table 199.640(i) of this section; or
(2) If the vessel is non self-propelled, one lifebuoy on each end
of the vessel.
Table 199.640(i)--Requirements for Lifebuoys
------------------------------------------------------------------------
Minimum
Length of vessel in meters (feet) No. of
Lifebuoys
------------------------------------------------------------------------
Under 30 (98)................................................ 3
30 (98) and under 60 (196)................................... 4
60 (196) and under 100 (328)................................. 6
100 (328) and under 150 (492)................................ 10
150 (492) and under 200 (656)................................ 12
200 (256) and over........................................... 14
------------------------------------------------------------------------
(j) Vessels carrying buoyant apparatus, inflatable buoyant
apparatus, or lifefloats. Vessels carrying buoyant apparatus,
inflatable buoyant apparatus, or lifefloats must meet the following:
(1) General. Each buoyant apparatus and inflatable buoyant
apparatus must be approved under approval series 160.010. Each
lifefloat must be approved under approval series 160.027.
(2) Stowage. Each buoyant apparatus, inflatable buoyant apparatus,
or lifefloat must, in addition to meeting the general stowage
requirements of Sec. 199.130(a), be stowed as follows:
(i) Each inflatable buoyant apparatus must meet the liferaft
stowage requirements in Sec. 199.130(c).
(ii) Each buoyant apparatus and lifefloat must--
(A) Meet the liferaft stowage requirements in Secs. 199.130(c) (1),
(2), (3), (6), and (7); or
(B) Meet the liferaft stowage requirements in Secs. 199.130(c) (1),
(2), (3), and (6), and have lashings that can be easily released.
(iii) A painter must be secured to the buoyant apparatus or
lifefloat by--
(A) The attachment fitting provided by the manufacturer; or
(B) A wire or line that encircles the body of the buoyant apparatus
or lifefloat, that will not slip off, and that meets the requirements
of paragraph (4)(iii) of this section.
(iv) If buoyant apparatus or lifefloats are arranged in groups with
each group secured by a single painter--
(A) The combined mass of each group must not exceed 185 kilograms
(407.8 pounds);
(B) Each buoyant apparatus or lifefloat must be individually
attached to the group's single painter by its own painter, which must
be long enough to allow the buoyant apparatus or lifefloat to float
without contacting any other buoyant apparatus or lifefloat in the
group;
(C) The strength of the float-free link and the strength of the
group's single painter must be appropriate for the combined capacity of
the group of buoyant apparatus or lifefloats;
(D) The group of buoyant apparatus or lifefloats must not be stowed
in more than four tiers and, when stowed in tiers, the separate units
must be kept apart by spacers; and
(E) The group of buoyant apparatus or lifefloats must be stowed to
prevent shifting with easily detached lashings.
(3) Marking. Each buoyant apparatus or lifefloat must be marked
plainly in block capital letters and numbers with the name of the
vessel and the number of persons approved to use the device as shown on
its nameplate.
(4) Equipment. Unless otherwise stated in this paragraph, each
buoyant apparatus and lifefloat must carry the equipment listed in this
paragraph and specified for it in table 199.640(j) of this section
under the vessel's category of service.
(i) Boathook.
(ii) Paddle. Each paddle must be at least 1.2 meters (4 feet) long
and buoyant.
(iii) Painter. The painter must--
(A) Be at least 30 meters (100 feet) long, but not less than three
times the distance from the deck where the buoyant apparatus,
inflatable buoyant apparatus, or lifefloats are stowed to the vessel's
waterline with the vessel in its lightest seagoing condition;
(B) Have a breaking strength of at least 6.7 kiloNewtons (1,500
pounds-force), or if the capacity of the buoyant apparatus or lifefloat
is 50 persons or more, have a breaking strength of at least 13.4
kiloNewtons (3,000 pounds-force);
(C) If made of a synthetic material, be of a dark color or be
certified by the
[[Page 25339]]
manufacturer to be resistant to deterioration from ultraviolet light;
(D) Be stowed in such a way that it runs out freely when the
buoyant apparatus or lifefloat floats away from the sinking vessel; and
(E) Have a float-free link meeting the requirements of part 160,
subpart 160.073 of this chapter secured to the end of the painter that
is attached to the vessel, that is of the proper strength for the size
and number of the buoyant apparatus or lifefloats attached to the
float-free link.
(iv) Self-igniting light. The self-igniting light must be approved
under approval series 161.010 and must be attached to the buoyant
apparatus or lifefloat by a 12-thread manila or equivalent lanyard that
is at least 5.5 meters (18 feet) long.
Table 199.640(j).--Buoyant Apparatus and Lifefloat Equipment
------------------------------------------------------------------------
Lakes,
Oceans, bays,
Item Item coastwise, sounds,
No. and Great and
Lakes rivers
------------------------------------------------------------------------
i..... Boathook \1\............................. 1 1
ii.... Paddles \1\.............................. 2 2
iii... Painter.................................. 1 1
iv.... Self-igniting light \2\.................. 1 .........
------------------------------------------------------------------------
Notes:
\1\ Not required to be carried on buoyant apparatus.
\2\ Not required to be carried on buoyant apparatus or life floats with
a capacity of 24 persons or less.
[FR Doc. 96-11777 Filed 5-17-96; 8:45 am]
BILLING CODE 4910-14-M
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