
[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Proposed Rules]               
[Page 49243-49275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au08-22]                         


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Part II





Department of Homeland Security





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Coast Guard



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46 CFR Parts 71, 114, 115 et al.



Passenger Weight and Inspected Vessel Stability Requirements; Proposed 
Rule


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 71, 114, 115, 122, 170, 171, 172, 174, 175, 176, 178, 
179, and 185

[Docket No. USCG-2007-0030]
RIN 1625-AB20

 
Passenger Weight and Inspected Vessel Stability Requirements

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations governing 
the stability of passenger vessels and the maximum number of passengers 
that may safely be permitted on board a vessel. The average American 
weighs significantly more than the assumed average weight per person 
utilized in current regulations, and the maximum number of persons 
permitted on a vessel is determined by several factors, including an 
assumed average weight for each passenger. Updating regulations to more 
accurately reflect today's average weight per person will maintain 
intended safety levels by taking this weight increase into account. The 
Coast Guard is also taking this opportunity to clarify and update 
intact stability and subdivision and damage stability regulations.

DATES: Comments and related material must reach the Docket Management 
Facility on or before November 18, 2008. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
before November 18, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2007-0030 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.
    You must also send comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget. To ensure that the comments are received on time, the preferred 
method is by e-mail at oira_submission@omb.eop.gov or fax at 202-395-
6566. The subject line should include the docket number (USCG-2007-
0030) and say ATTN: Desk Officer, U.S. Coast Guard, DHS. An alternate, 
though slower, method is by U.S. mail 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.
    You may inspect the material proposed for incorporation by 
reference at room 1308, U.S. Coast Guard Headquarters, 2100 Second 
Street, SW., Washington, DC 20593-0001 between 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-372-1372. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. William Peters, U.S. Coast Guard, Office of Design 
Engineering Standards, Naval Architecture Division (CG-5212), telephone 
202-372-1371. If you have questions on viewing or submitting material 
to the docket, call Ms. Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for the Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
    E. Technical Review by Society of Naval Architects and Marine 
Engineers
II. List of Acronyms
III. List of Terms
IV. Background and Purpose
V. Discussion of Proposed Rule
    A. Vessel Stability
    Part One--Explanation
    Part Two--Analysis
    Part Three--Assessment Methodology
    B. Weight of Passengers and Crew
    C. Notes on Pontoon Vessels
    D. SOLAS and Resolution A.265
    E. Corrections, Clarifications, and Updates
    F. American Bureau of Shipping
    G. Discussion of Proposed Amendments by Section
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    Number of Small Entities Affected
    Types of Entities Affected
    Other Federal Rules
    Regulatory Alternatives
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2007-0030), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2007-0030) 
in the Search box and click ``Go >>.'' You may also visit the Docket 
Management

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Facility in Room W12-140 on the ground floor of the DOT West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

D. Public Meeting

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

E. Technical Review by Society of Naval Architects and Marine Engineers

    An ad hoc panel of the Society of Naval Architects and Marine 
Engineers (SNAME) has reviewed reports delivered to the Coast Guard by 
BMT Designers and Planners and CSC Advanced Marine Center and provided 
technical advice concerning vessel stability and increased passenger 
weight. SNAME is a nonprofit, professional society, and the panel's 28 
experienced naval architects are able to provide technical peer review 
from a broad cross-section of the designers, builders and operators of 
passenger vessels. The Charter for Ad Hoc Panel 15 on Loading Criteria 
for People Aboard Passenger Vessels and a memorandum from the panel's 
chairman to the Coast Guard concerning the Phase 1 Impact Analysis 
Report from BMT Designers and Planners are available in the docket at 
http://www.regulations.gov. A list of the panel's members and 
information about their meetings is available at http://www.sname.org/
committees/tech_ops/O44/passenger/activity-15.html. The Coast Guard 
will make any additional reports from the ad hoc panel available to the 
public by posting them to the docket.

II. List of Acronyms

2008 IS Code International Code on Intact Stability, 2008
ABS American Bureau of Shipping
CDC Centers for Disease Control and Prevention
CFR Code of Federal Regulations
COI Certificate of Inspection
DHS Department of Homeland Security
DOT Department of Transportation
FAA Federal Aviation Administration
EO Executive Order
FR Federal Register
GM Metacentric height
LBP Length Between Perpendiculars
LCG Longitudinal Center of Gravity
MARPOL International Convention for the Prevention of Pollution from 
Ships
MSC Marine Safety Center
NHANES National Health and Nutrition Examination Survey
MISLE Marine Information for Safety and Law Enforcement
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
NTSB National Transportation Safety Board
OCMI Officer in Charge, Marine Inspection
OMB Office of Management and Budget
PSSC Passenger Ship Safety Certificate
PSST Pontoon Simplified Stability Proof Test
SBA United States Small Business Administration
SNAME Society of Naval Architects and Marine Engineers
SOLAS International Convention for the Safety of Life at Sea
SST Simplified Stability Proof Test
U.S.C. United States Code
VCG Vertical Center of Gravity

III. List of Terms

    Angle of heel means the angle of the vessel's centerline to the 
upright when the vessel is inclined.
    Deadweight survey: See lightweight survey.
    Draft means the vertical distance from the bottom of the hull 
(i.e., the keel) or another point that protrudes below the hull to the 
waterline.
    Exposed waters generally means more than 20 nautical miles from a 
harbor of safe refuge.
    Flush deck means any continuous, unbroken deck from stem to stern.
    Freeboard means the vertical distance from the deck edge to the 
waterline. A decrease in freeboard (i.e. reduced freeboard) corresponds 
to an increase in draft.
    Heel is the degree to which a ship leans transversely as a result 
of variable and dynamic external forces.
    Heeling moment is generally a force acting through a distance that 
causes a vessel to roll or heel to one side. A heeling moment that is 
larger than the vessel's righting ability can cause the vessel to 
overturn or capsize. Coast Guard requirements limit the amount of heel 
a vessel can have when wind or passenger movement causes the heeling 
moment.
    Inclining or stability test is a methodical process that involves 
moving a series of known weights on a vessel and measuring the 
resulting change in the equilibrium heel angle to determine the 
vessel's stability characteristics.
    Intact stability generally means the stability properties of a 
vessel without any damage to its watertight buoyancy volume.
    Length between perpendiculars (LBP) means the length of the summer 
load waterline from the vessel's stern post to the point where it 
crosses the vessel's stem.
    Lightship displacement or lightweight means the weight of a vessel 
that is complete in all respects, but without consumables, stores, 
cargo, passengers, crew, and their effects, and without any liquids on 
board except fixed ballast and machinery and piping fluids, such as 
lubricants and hydraulics, which are at operating levels.
    Lightweight survey is a part of the stability test that determines 
any changes in lightship displacement and longitudinal center of 
gravity (LCG). It involves taking an audit of all items that should be 
added, deducted, or relocated on a vessel so that the observed 
condition of the vessel can be adjusted to the lightship condition. 
Often referred to as a deadweight survey.
    Longitudinal center of gravity (LCG) means the location along the 
vessel's length at which the total weight of the vessel may be assumed 
to act.
    Master means a person holding a valid license that authorizes that 
person to serve as a master of a passenger vessel.
    Open boat means a vessel not protected from entry of water by means 
of a complete weathertight deck.
    Operator means the person or entity who provides operational 
instructions to and receives reports from the master of the vessel and 
is responsible for the vessel's maintenance and repair, schedule of 
operations, crewing, etc.
    Owner means the person or entity holding title to the vessel.
    Partially protected waters generally means not more than 20 
nautical miles from a harbor of safe refuge.
    Passenger heel refers to the heeling moment that occurs when 
passengers move to one side of the vessel's centerline, causing the 
vessel to roll, or heel.
    Pontoon vessel generally means any vessel having two or more sealed 
hulls, which are structurally independent and detachable from the 
vessel's deck or cross structure.

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    Protected waters generally means sheltered waters that present no 
special hazards.
    Sailing vessel means a vessel that is propelled by wind, using 
sails.
    Subdivision and damage stability refers to the stability 
characteristics of a vessel when damaged, generally focusing on 
flooding of watertight compartments.
    Vertical center of gravity (VCG) means the height above the keel at 
which the total weight of the vessel may be assumed to act.
    Vessel stability refers to the tendency of a ship to remain upright 
or return to upright when inclined by forces that are caused by the 
action of waves, wind, passenger movement, etc.
    Waterplane means the horizontal area obtained from the intersection 
of the ship's hull with the water's surface at a particular draft. The 
waterplane area is used to calculate how much immersion will be caused 
by additional weight.
    Wind heel refers to the heeling moment caused when the wind acts on 
the lateral area of the vessel above the waterline and causes the 
vessel to roll, or heel.

IV. Background and Purpose

    The total number of persons permitted on a passenger vessel, 
inspected and certificated under 46 CFR Subchapters H, K or T, is 
limited by a number of different design factors, one of which is 
stability. Stability requirements include intact stability for almost 
all vessels, as well as subdivision and damage stability generally for 
any vessel carrying more than 49 passengers and all vessels over 65 
feet in length. This NPRM is intended to clarify and update both intact 
stability and subdivision and damage stability regulations, primarily 
related to the carriage of passengers for hire, and to update the 
weight per person used for all vessels. The intent of this rulemaking 
is to ensure that each vessel operates without being overloaded.
    The overall good safety record of the passenger vessel industry 
reflects safety factors inherent in the stability requirements applied 
to passenger vessels. Increasing the passenger weight to reflect 
current data will help ensure that the safety margins included in our 
regulations remain valid.
    These safety margins operate in two ways. The first is through 
intact stability, which generally relates to the stability of a vessel 
in normal operation. The second is through subdivision and damage 
stability, which generally relates to the stability of a vessel in an 
emergency involving a flooded condition.
    A vessel's stability information, including any restrictions on 
route and the number of passengers permitted, is provided to the vessel 
operator most often in the form of a stability letter issued by the 
Coast Guard's Marine Safety Center (MSC), and/or a Coast Guard 
Certificate of Inspection (COI) issued by the Officer in Charge, Marine 
Inspection (OCMI). When both are provided, restrictions on the COI 
govern. The COI is issued after the vessel's stability has been 
evaluated in one of two ways:
    For vessels greater than 65 feet in length, stability is evaluated 
through detailed design calculations--submitted to the MSC--that 
produce the vessel's stability requirements. This process, which takes 
into account the assumed total weight of persons on board, is described 
in 46 CFR, subchapter S, parts 170 and 171.
    Vessels not greater than 65 feet in length normally undergo a 
performance test conducted in the presence of the OCMI, instead of 
submitting design stability calculations to the MSC (46 CFR part 178). 
This performance test, which also takes into account the assumed total 
weight of persons on board, is either a simplified stability proof test 
(SST) or, if the vessel is a pontoon vessel, a pontoon simplified 
stability proof test (PSST). The SST is intended to evaluate monohull 
vessels, and the PSST is intended to evaluate pontoon vessels operating 
on protected waters. For ease of discussion, we will use the term SST 
in this preamble to describe any simplified stability proof test.
    Vessels to which these tests do not apply may need to be evaluated 
through design calculations to show that they meet intact stability 
requirements. Alternately, a vessel might satisfy stability 
requirements by complying with a standard acceptable to the Commanding 
Officer, Marine Safety Center. Finally, simplified subdivision 
calculations may be necessary for some vessels not greater than 65 feet 
in length.
    To arrive at a total assumed weight of persons on board for 
calculating stability, an assumed average weight per person is used. 
Section 178.330 of Title 46 of the CFR specifies that the assumed 
average weight per person is 160 pounds, except that vessels operating 
exclusively on protected waters and carrying a mix of men, women, and 
children may use an average weight of 140 pounds per person. These 
weights were established in the 1960s.
    In a report issued in October 2004, the Centers for Disease Control 
and Prevention (CDC) concluded that the average weight of an individual 
in the United States has increased dramatically in the last 40 years, 
with the greatest increase seen in adults. (The report, Advance Data 
From Vital Health Statistics Mean Body Weight, Height, and Body Mass 
Index, United States 1960-2002, No. 347, October 27, 2004, is available 
in the docket.) This increase in passenger and crew weight can have an 
adverse effect on the stability of passenger vessels due to several 
factors, including increased vertical center of gravity, reduced 
freeboard, and increased passenger heeling moment.
    On December 20, 2004, the National Transportation Safety Board 
(NTSB) issued Safety Recommendation M-04-04 (available in the docket), 
which included findings that the current 140 pound per person weight 
allowance for operations on protected waters does not reflect actual 
loading conditions. The NTSB recommended that the Coast Guard revise 
its guidance to OCMIs for determining the maximum passenger capacity of 
small passenger pontoon vessels either by: (1) Dividing the vessel's 
SST weight by 174 pounds per person; or (2) restricting the actual 
cumulative weight of passengers and crew to the vessel's SST weight. In 
correspondence to the NTSB dated April 7, 2005 (available in the 
docket), the Coast Guard concurred that the average weight per person 
used in SSTs needed to be updated, and noted that an internal Coast 
Guard study identified the same issue. That study, which is entitled 
Study of Effects on Commercial Passenger Vessels Due to Weight 
Standards, is available in the docket.
    This notice of proposed rulemaking (NPRM) follows notices to the 
public, published in the Federal Register on April 26, 2006 (71 FR 
24732) and November 2, 2006 (71 FR 64546), recommending voluntary 
interim measures for passenger vessels to follow while the Coast Guard 
studied the issue of increased passenger weight. In summary, those 
voluntary measures advised pontoon vessels and other small passenger 
vessels to (1) more stringently monitor wind and wave conditions prior 
to departure and (2) begin using 185 pounds as the new assumed average 
weight per person when calculating passenger capacity. A discussion of 
how 185 pounds was chosen is contained in the April 26, 2006 notice and 
in the discussion of Sec.  170.090 in this preamble.
    At last count, the Docket Management Facility received 108 comments 
from the public in response to those notices. They are posted for 
public view at http://www.regulations.gov under docket number USCG-
2007-0030, and

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can be viewed by following the directions in the ``Viewing comments and 
documents'' section of this preamble. We will respond to those 
comments, together with comments received in response to this NPRM, 
when we publish an effective rule.
    Finally, this proposed rule is an opportunity to identify where 
corrections, clarifications, and updates need to be made to existing 
regulations. These proposed changes, which would include changes in 
international requirements, will be discussed in greater detail later 
in this preamble, under ``Corrections, Clarifications, and Updates.''

V. Discussion of Proposed Rule

    For easier reference, we have divided this discussion into the 
following topics: A. Vessel Stability; B. Weight of Passengers and 
Crew; C. Notes on Pontoon Vessels; D. SOLAS and Resolution A.265; E. 
Corrections, Clarifications, and Updates; F. American Bureau of 
Shipping; and G. Discussion of Proposed Amendments by Section.

A. Vessel Stability

    An increase in passenger and crew weight will typically have an 
adverse effect on vessel stability. Whether or not such additional 
weight would result in non-compliance of a vessel with applicable 
stability criteria depends upon the amount and location of the 
additional weight, the degree by which the vessel demonstrated 
compliance with the stability criteria previously, and which of the 
criteria was limiting, if any.
    Historically, a margin of safety has been built into the 
requirements for both intact stability and subdivision and damage 
stability. The standards for intact stability criteria are generally 
designed to provide vessels with adequate ability to resist overturning 
heeling moments, such as those caused by wind or passenger weight 
shifting to one side. Standards for subdivision and damage stability 
are designed to address the worst case loading conditions and certain 
flooding scenarios that could occur as a result of accidental damage. 
Although intact stability and subdivision and damage stability 
standards address different stability risks, we believe that these two 
stability standards together are responsible in part for the good 
safety record of the passenger vessel industry. Therefore, we are 
proposing that intact stability and subdivision and damage stability 
requirements utilize an updated assumed average weight per person.
    We also propose adding more specific requirements for a vessel 
owner or operator to show that the vessel meets intact stability and 
subdivision and damage stability standards, including provisions 
accounting for possible changes in vessel and weight per person. These 
requirements will improve a master's ability to meet stability criteria 
for the intended service and also avoid overloading the vessel.
    Additionally, to help ensure that vessels maintain the intended 
safety levels after initial certification, we would clarify the 
requirement that stability information be checked at each annual 
inspection or COI renewal to confirm that it is still valid for the 
loading and service intended.
    Finally, we propose requiring stability verification--including 
calculations--at least every ten years.
    We propose detailing these requirements in new sections that would 
be added to each of the three subchapters that address the inspection 
of passenger vessels. The new sections, entitled ``Stability 
Verification,'' would be added at Sec.  71.25-50 in subchapter H, Sec.  
115.505 in subchapter K, and Sec.  176.505 in subchapter T (all of 
which are contained in chapter I, Title 46 of the CFR). Each new 
section would be comprised of paragraphs (a), (b), (c) and (d).
    So that owners, operators, and OCMIs may clearly understand these 
requirements, how we intend to implement them, and the analyses upon 
which they are based, a discussion in three parts is given below:
    ``Part One--Explanation'' describes the purpose and intent behind 
each of the paragraphs--(a), (b), (c), and (d)--in the proposed new 
``Stability Verification'' sections.
    ``Part Two--Analysis'' describes the process whereby the Coast 
Guard developed an assessment methodology for prioritizing the vessels 
that would require stability verification.
    ``Part Three--Assessment Methodology'' describes the methodology to 
be used by owners, operators, and OCMIs to, first, determine whether a 
change in the permitted number or distribution of passengers might be 
necessary and, second, to assess whether a vessel would be likely to 
require new stability testing or evaluation.
Part One--Explanation
Paragraph (a) of Sec. Sec.  71.25-50, 115.505, and 176.505
    Paragraph (a) would add, as the owner or operator's responsibility, 
two checks regarding the vessel's stability information. First, at each 
annual inspection and Certificate of Inspection (COI) renewal, the 
owner or operator would demonstrate that the stability information is 
still appropriate for the vessel's intended loading and service. This 
requirement would augment the confirmation by a Coast Guard marine 
inspector that a valid stability letter is properly posted aboard a 
vessel.
    Second, the owner or operator would need to confirm that the total 
weight of gear and variable loads is still valid for the intended 
service. (The total weight of gear and variable loads, including the 
total weight of persons carried, is the basis for the stability letter 
and/or the COI.) The owner or operator would need to ensure that the 
master knows both the maximum total weight of persons and the average 
weight per person on which the total weight is based.
    Currently, all passenger vessels are required to comply with a 
section in the ``Operations'' part of each inspection subchapter 
(Sec. Sec.  78.17-22, 122.315, and 185.315 of this title) that requires 
a master to verify, prior to departure on every voyage, that the loaded 
vessel complies with all stability information, and that the stability 
information is being used properly to ensure that the vessel is not 
overloaded. Paragraph (a) would add a requirement that the owner or 
operator demonstrate the methods the master uses to do this. Such 
methods could include the competent reading of loading or draft marks, 
and must include the proper use of that information for complying with 
the draft and/or freeboard restrictions normally contained in the 
stability letters for these types of vessels.
    If the stability information is no longer valid, a new stability 
letter would be needed. The new stability letter would contain revised 
operating restrictions that the master should follow to avoid 
overloading the vessel and to maintain compliance with stability 
requirements.
    The following flowchart illustrates the stability confirmation 
process discussed above:
BILLING CODE 4910-15-P

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[GRAPHIC] [TIFF OMITTED] TP20AU08.000

BILLING CODE 4910-15-C

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Paragraph (b) of Sec. Sec.  71.25-50, 115.505, and 176.505.
    This paragraph would require a vessel's stability to be verified at 
10 year intervals or when modifications are made to the vessel that 
could affect the vessel's ability to meet stability requirements. The 
10 year ``clock'' would start whenever the last stability verification 
was conducted or stability letter was issued, or when a determination 
of sister vessel status was made (as permitted in part 170 of 
Subchapter S). The ``clock'' would be reset after each stability 
verification. For a vessel that would be issued a SOLAS Passenger Ship 
Safety Certificate (PSSC), the SOLAS requirement for a lightweight 
survey to be conducted at least once every 5 years would constitute a 
verification of the vessel's stability for the purposes of this 
paragraph.
    In other words, paragraph (a) requires the owner or operator to 
make sure that the vessel master knows what the vessels' stability 
limits are, based on the most recent stability calculations. Paragraph 
(b) requires new calculations of the per-person weight, and then 
requires the use of that weight to verify--usually with calculations--
that the vessel still meets applicable stability requirements.
Paragraph (c) of Sec. Sec.  71.25-50, 115.505, and 176.505.
    This paragraph would provide the minimum requirements for what the 
stability verification required by paragraph (b) would include. The 
requirements would vary depending on whether the vessel's stability 
compliance was governed by subchapter S or subchapter T of title 46 
CFR. Subchapter S requires that detailed design calculations be 
submitted to the Marine Safety Center (MSC), as described in parts 170 
and 171. This requirement also applies to all subchapter H and K 
vessels and some subchapter T vessels. However, a simplified test, 
either an SST or PSST, is performed for most subchapter T vessels, as 
described in part 178. In cases where a simplified test is neither 
feasible nor appropriate, a stability standard would be determined by 
the MSC.
    Unless the OCMI permits the use of another value, the assumed 
average weight per person would be determined according to proposed 
paragraph 170.090(d) or 178.330(a)(4)(ii), whichever is applicable. The 
OCMI may permit another value when the owner or operator can show that 
another value more accurately represents the average weight of persons 
carried in service; for example when the vessel carries primarily 
children.
    Using a total weight of persons based on this latest average weight 
per person (i.e., the new total test weight), the owner or operator 
would need to verify that the vessel meets applicable stability 
criteria. For subchapter S compliance, this would mean that 
calculations would need to be performed if the total weight of persons 
carried is greater than the total weight used in the previous stability 
verification. For vessels undergoing a simplified proof test, the owner 
or operator would need to either perform a new test using the new total 
test weight, or prove that the vessel could meet current applicable 
requirements using data from the most recently performed simplified 
test, if those data are valid.
    For vessels meeting subchapter S requirements, the verification 
would also include conducting a deadweight survey to verify that the 
vessel's stability characteristics have not changed significantly, and 
that it remains in compliance with applicable stability criteria. 
(Coast Guard policy for what constitutes a significant change is 
contained in Marine Safety Center Technical Note (MTN) 04-95, Lightship 
Change Determination; Weight-Moment Calculation vs. Deadweight Survey 
vs. Full Stability Test, available in the docket.) If sufficient 
accuracy can be obtained for the stability verification prior to the 
deadweight survey, some relaxation in the deadweight survey 
requirements could be accepted by the MSC. For example, a greater 
number of tanks containing operating liquids could be kept at normal 
levels.
    If the lightship characteristics have changed so that stability 
compliance is not assured under the existing stability information, a 
new stability analysis--together with associated loading calculations--
would be needed, and a new stability letter would be issued.
    When the passenger capacity of a vessel is limited by subdivision 
and/or damage stability considerations, the proposed increase in 
assumed average passenger weight may require a corresponding reduction 
in passenger capacity. For example, in a passenger vessel to which 46 
CFR 179.220 is applicable, an increase in the assumed average weight 
per person could cause either a change in freeboard, resulting in a 
reduction in the permissible distance between watertight bulkheads (see 
46 CFR 179.220(a)(2)), or a reduction in the permitted number of 
passengers in order to remain in compliance with existing subdivision 
and damage stability requirements. In a vessel to which subchapter S 
subdivision and damage stability requirements are applicable, increased 
passenger weight could cause the margin line to become submerged in the 
flooded condition, which regulations prohibit.
    Owners of such vessels as those discussed above may seek to modify 
their vessels to maintain their current passenger count. When 
significant, such modifications may be determined by the Coast Guard to 
be ``major conversions.'' When a modification constitutes a major 
conversion, it is appropriate to bring the vessel into compliance with 
the latest safety standards where it is both reasonable and practicable 
to do so. The cognizant OCMI makes a determination on which areas of a 
vessel undergoing major conversion must be brought into compliance.
    In all cases, for a passenger vessel that undergoes a major 
conversion or incurs changes that affect its stability, the required 
verification of both intact stability and subdivision and damage 
stability compliance would use the latest assumed average weight per 
person.
Paragraph (d) of Sec. Sec.  71.25-50, 115.505, and 176.505.
    This paragraph would permit the Coast Guard authority responsible 
for issuing the stability information to defer or dispense with 
stability verification based on the vessel's characteristics or the 
degree to which the vessel could be affected by increased weight per 
person or vessel weight. For vessels that are subject to subchapter S 
requirements, this authority is normally the Commanding Officer, Marine 
Safety Center; for vessels whose stability is based on a simplified 
stability test, this authority is normally the OCMI.
    Analyses described under the ensuing ``Part Two--Verification 
Process'' of this preamble showed that some vessel types experience a 
negligible effect from increased passenger weight. These vessel types 
include sailing vessels, vessels that carry substantial cargo amounts 
compared to the passenger weight, vessels that have an established 
process to avoid overloading, and/or vessels that follow the voluntary 
measures for prudent operation contained in the Federal Register notice 
published on April 26, 2006 (71 FR 24732). A more detailed description 
of those vessels relatively unaffected by an increase in weight per 
person can be found in ``Part Three--Assessment Methodology.''
Part Two--Analysis
    The Coast Guard sponsored an analysis of the impact of increased

[[Page 49250]]

weight per person on the U.S. inspected passenger vessel fleet. From 
the Marine Information for Safety and Law Enforcement (MISLE) database, 
we found that nearly 75 percent of the inspected U.S. flag passenger 
vessels are 65 feet in length or less. The stability of most of these 
vessels was based on the performance of a simplified stability test 
(SST), either for a monohull or a pontoon passenger vessel.
    The analysis showed that the effect of increased passenger weight 
on vessels depended on factors not included in the MISLE database, such 
as the amount of freeboard and draft and whether the vessel is a flush 
deck or open boat type.
    To supplement that study, additional stability analyses were 
performed on a number of monohull vessels that had undergone SSTs. By 
analyzing the SST results, conservative estimates of key parameters--
such as the moment to heel 1 degree--can be made, that, in turn, can be 
used in an assessment methodology for intact stability verification.
    These analyses were peer-reviewed by the Society of Naval 
Architects and Marine Engineers (SNAME) Ad Hoc Panel No. 15, which 
provided both a technical appraisal of the analyses and recommendations 
on how they could be used. Two of the panel's recommendations are 
associated with the proposed prioritizing process:
    (1) The panel recommended the Coast Guard adopt a risk-based 
process that looks at relative changes to a vessel's stability 
characteristics and compares these relative changes to acceptable 
limits determined by the Coast Guard; and
    (2) The panel recommended the Coast Guard adopt a technical process 
in reviewing stability. That process would use the stability 
requirements the vessel is designed to meet to determine if the vessel 
has been adversely affected by an increase in passenger weight such 
that a new stability evaluation should be performed.
    We agree with these recommendations. In addition, based on the 
analyses of the impact of increased passenger weight on the passenger 
vessel fleet, we developed an assessment methodology, detailed in 
``Part Three--Assessment Methodology'' below, that reflects these 
recommendations.
    As stated above, this proposed rule would require that a stability 
verification be performed within ten years of the date the last 
stability letter was issued or a previous stability verification was 
performed. Regardless of when the stability information was issued, 
however, all vessels must meet stability requirements using the latest 
assumed average weight per person immediately upon the effective date 
of this rule. Additionally, in all cases, when a vessel or its loading 
is modified in any way that alters its stability, a stability 
verification is required as soon as is practicable, using the latest 
assumed average weight per person.
    Since a very large portion of inspected passenger vessels currently 
have stability letters that are more than 10 years old, we developed a 
process that allows owners, operators, and OCMIs to determine whether 
the stability verification should be conducted as soon as is 
practicable, deferred to a later date--most likely the next regular 
inspection--or perhaps dispensed with. This process would more evenly 
distribute demand for the Coast Guard resources that will be necessary 
to guide implementation of this proposed rule.
    The following flowchart illustrates the prioritizing process, 
discussed in detail below:
[GRAPHIC] [TIFF OMITTED] TP20AU08.001


[[Page 49251]]


Part Three--Assessment Methodology
    The process by which an owner, operator, or OCMI would determine 
whether a vessel would need to reduce or redistribute passengers and 
whether it would need a new stability verification--and how soon--is 
laid out in detail below: First for vessels subject to the requirements 
of subchapter S, and second for vessels that undergo a simplified proof 
test.
    However, there are several vessel categories for which no further 
assessment of passenger weight needs to be considered, with the 
exception that a new stability letter might be required. No immediate 
stability verification or change to passenger capacity is necessary if 
the vessel:
    1. Is a sailing vessel;
    2. Has a Certificate of Inspection (COI) that permits 86 percent 
(approximately equal to 160 pounds divided by 185 pounds) or fewer of 
the passengers permitted by the stability letter, and the assumed 
weight per person was 160 or 165 pounds;
    3. Has a COI that permits 75 percent (approximately equal to 140 
pounds divided by 185 pounds) or fewer of the passengers permitted by 
the stability letter, if operating on protected waters with a mix of 
men, women, and children, and the assumed weight per person was 140 
pounds;
    4. Is permitted to carry an amount of cargo, not including 
passengers, that exceeds the total weight of passengers carried; or
    5. Ensures that the total weight of persons aboard the vessel does 
not exceed the assumed total weight of persons used to develop the 
stability information, which is equal to the total test weight.
    Assessment of vessels subject to the requirements of subchapter S.
    The SNAME Ad Hoc panel also proposed, and the Coast Guard, in turn, 
proposes a process for evaluating stability change in these vessels 
using the latest assumed average weight per person. By following the 
process below, the owner, operator, or OCMI could determine the urgency 
of each vessel's need for a re-evaluation of intact stability and 
prioritize the vessel accordingly. The data necessary for making the 
percent change and detailed loading calculations described below should 
be readily available, as Sec.  78.17-22(b) requires that vessel masters 
have the capability to determine the vessel's draft, trim, and 
stability as necessary.
    Evaluation process for a vessel subject to the requirements of 
subchapter S.
    The following three assumptions were applied:
    1. Wind heel requirements are more severe than passenger heel, and 
this doesn't change with an increase in weight per person. Experience 
has shown that passenger heel requirements in subchapter S rarely 
exceed wind heel requirements.
    2. Each vessel meets stability requirements in its current 
condition, prior to assessing the effect of a per-person weight 
increase. Our assessment cannot take into account unauthorized changes 
to the vessel or its service.
    3. A small amount of increase in weight or vertical center of 
gravity (VCG) will not adversely affect the stability of the vessel 
significantly.
    This approach is taken from MTN 4-95 (available in the docket), 
which uses weight-moment calculations to assess the absolute and 
relative changes in displacement and centers of gravity (LCG and VCG). 
Those changes, in turn, can be compared to previously determined limits 
to evaluate the relative risk of adverse changes to the vessel's 
stability. To do this, a calculation is needed that relates the change 
in vertical weight moment caused by an increase in assumed weight per 
person (VMOMchng) to the lightship vertical weight moment 
(VMOMlightship):

Percent Change = VMOMchng/VMOMlightship x 100

Where:
VMOMchng = (Wpaxnew - Wpaxold) x (VCGpax)
VMOMlightship = lightship weight x lightship VCG
VCG = vertical center of gravity above baseline
Wpaxnew = the number of passengers multiplied by the latest assumed 
average weight per person
Wpaxold = the number of passengers multiplied by the old assumed 
average weight per person (generally, either 160 or 165 pounds)
VCGpax = the overall VCG of the passengers carried above the 
baseline

    In making the calculations, consistent units must be used. In other 
words, if the lightship weight is given in long tons, Wpaxnew and 
Wpaxold must be computed in long tons; if the lightship VCG is in feet, 
VCGpax must be in feet; if in meters, use meters.
    MTN 4-95 allows up to a 2 percent change in lightship weight 
without verifying weight-moment calculations. Additionally, an OCMI may 
consider the difference in VCG of the vessel and the passengers. It 
should be noted that a percent change of the vertical moment of less 
than 3 provides a value of safety corresponding to the 2 percent 
displacement allowed in MTN 4-95. For these reasons, if the percent 
change in vertical moment computed by the methodology given above is 
less than 3, an OCMI could defer the stability verification to a later 
date, most likely the next regularly scheduled inspection. If the 
percent change is 3 or greater, and the vessel's most recent stability 
letter is more than 10 years old, detailed stability calculations 
should be performed to determine the degree to which, if any, an 
increase in total assumed passenger weight would affect the vessel's 
compliance with the applicable stability criteria.
    Evaluation process for a vessel undergoing a monohull simplified 
stability proof test.
    This process uses data obtained from the SST data form and the 
standards given in 46 CFR 178.330. If the data for the SST is not 
available, vessel measurements will be necessary to obtain the SST data 
or the moment to heel 1 degree (MH1SST) must be estimated as described 
in the steps below:
    1. Using the following equation, calculate the additional sinkage 
in inches (centimeters) due to the increased passenger weight:

Sinkage = (Wpaxnew - Wpaxold)/Wimmersion

Where:

Wimmersion = (Waterplane Area x Water Density/K) in pounds per inch 
(kilograms per centimeter) (this is the weight per unit immersion); 
K = 12 inches per foot (100 centimeters per meter)
Wpaxnew = the number of passengers multiplied by the latest assumed 
average weight per person in pounds (kilograms)
Wpaxold = the number of passengers multiplied by the old assumed 
average weight per person used in the SST (generally, either 140 or 
160 pounds) in pounds (kilograms)
Waterplane Area = Length x Beam x Waterplane Coefficient in square 
feet (square meters)
Waterplane Coefficient = 0.7 for monohulls or 0.4 for multihulls, 
unless a more accurate value is known
Water Density = 64 pounds per cubic foot (1,025 kilograms per cubic 
meter) for salt water; 62.4 pounds per cubic foot (1,000 kilograms 
per cubic meter) for fresh water

    2. Calculate the location of the new maximum allowable immersion 
mark (iupright-new) above the upright load waterline by subtracting the 
sinkage calculated in step 1 above from the SST measured freeboard and 
applying the appropriate formula from 46 CFR 178.330(d). If the data 
for an SST is not available, the freeboard should be measured with the 
vessel in the condition specified in 46 CFR 178.330(a). (In summary, 
this is with the vessel complete in all respects, in a fully

[[Page 49252]]

loaded condition, and with all anticipated loads properly distributed.)
    3. Calculate the existing SST moment to heel 1 degree (MH1SST) as 
follows:

MH1SST = HMSST/ThetaSST

Where:

ThetaSST = angle between upright SST waterline and actual SST 
immersion point (after weight movement), in degrees = inverse 
tangent (2 x (iheeled - iupright/beam at the reference station)) 
(This is the actual heel angle caused by the heel moment applied in 
the SST.)
HMSST = heeling moment applied during the SST in foot-pounds (meter-
kilograms)
iupright = maximum allowable immersion determined from the upright 
freeboard before weight movement
iheeled = actual remaining distance measured after the weight 
movement from the water surface to the position of iupright on the 
vessel

    If the data for an SST is not available, the MH1SST can be 
estimated using the following equations:
    For a vessel operating on exposed waters:
MH1SST = 3 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/60 + 50

    For a vessel operating on partially protected waters:

MH1SST = 4 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/125 + 200

    For a vessel operating on protected waters:

MH1SST = 4.5 x ((L x B\3\)\2\)/10\8\ + (L x B\3\)/250 + 250

Where,

L = Length in feet, and
B = Beam, in feet

    4. Determine the new moment to heel 1 degree (MH1new) in foot-
pounds (meter-kilograms) with the increased passenger weight as 
follows:

MH1new = MH1SST x (TSST/Tnew) - VMnew/57.3

Where:

TSST = Estimated draft during SST in feet (meters), which may be 
calculated as the difference between the depth to the keel and the 
freeboard used in step 2
Tnew = TSST + sinkage (calculated in step 1 above, and converted to 
feet (meters))
VMnew = (Wpaxnew - Wpaxold) x VCGpax in foot-pounds (meter-
kilograms)
VCGpax = Overall vertical center of gravity (VCG) of the passengers 
carried

    5. Calculate new passenger heeling moment (MPnew) in accordance 
with 46 CFR 178.330 using the latest assumed average weight per person. 
If the existing wind heeling moment (MW) exceeds MPnew, the new draft 
(Tnew) should be used to calculate the new wind heeling moment (MWnew) 
in accordance with 46 CFR 178.330. The greatest of the new passenger or 
wind heeling moments (MPnew or MWnew) is divided by MH1new to determine 
the heel angle produced by the new heeling moment (Thetanew):

Thetanew = (Max (MPnew or MWnew))/MH1new

    6. Using the heel angle (Thetanew) calculated in step 5, the height 
of the heeled waterline above the upright waterline (iheeled-new) with 
the new heeling moment is determined:
iheeled-new = tangent (Thetanew) x 2 x beam at the reference station

    If iheeled-new is less than or equal to the height of the new 
maximum allowable immersion mark calculated in step 2 (iupright-new), 
the vessel would not be affected by an increase in assumed weight per 
person. If the value exceeds (iupright-new), the number of passengers 
should be reduced, or the passengers redistributed if the vessel has an 
upper deck, and steps 1 through 6 repeated until the immersion mark 
height (iheeled-new) is equal to or below the maximum allowable 
(iupright-new).

B. Weight of Passengers and Crew

    New provisions on the assumed average weight per person would be 
added at Sec. Sec.  170.090 and 178.330 and are discussed in detail at 
those sections of this preamble.
    A new section, 171.045, would require each passenger vessel to 
which subchapter S intact stability requirements now apply to use the 
latest assumed average weight per person appropriate for the intended 
service. This requirement would apply immediately on the effective date 
of this rule, although stability verification would not be required 
until ten years after the most recent stability information was issued, 
as discussed under ``Vessel Stability'' above.
    A new section, 178.215, would be added for vessels whose stability 
letter is based on the results of an SST or PSST. This section would 
require the owner or operator to provide the master with the total test 
weight, the latest assumed average weight per person, and the maximum 
number of persons permitted on board based on that weight.

C. Notes on Pontoon Vessels

    The passenger capacity of pontoon vessels may not be affected if a 
process is followed on every voyage to ensure that the total weight of 
persons carried does not exceed the total test weight that was used to 
determine stability compliance. One example of such a process would be 
to weigh all the passengers as they board the vessel. The passenger 
capacity will be affected if such a process is not followed and the 
passenger weight used on the vessel's SST was based on either 140 or 
160 pounds per person. If an SST was performed on the vessel using the 
procedures contained in the Small Passenger Vessels Simplified 
Stability Test Procedure for Pontoon Vessels on Protected Waters, the 
results of that test, if valid, may be used to determine the new 
capacity based on an assumed average weight that is appropriate for the 
intended service. In many cases, however, a new SST will need to be 
performed on pontoon passenger vessels. We propose adding the 
requirement in Sec.  178.210(d) that a vessel that undergoes a PSST in 
accordance with Sec.  178.340 must have a stability letter issued by 
the Marine Safety Center.

D. SOLAS and Resolution A.265

    Sections 170.248 and 171.001 would be revised by adding 
requirements concerning new vessels, which will become effective when 
certain amendments to the International Convention for the Safety of 
Life at Sea (SOLAS) come into effect on January 1, 2009. Each new 
vessel issued a SOLAS Passenger Ship Safety Certificate (PSSC) or a 
SOLAS Cargo Ship Safety Construction Certificate would have to meet the 
requirements of SOLAS chapter II-1, in addition to meeting the 
requirements concerning watertight bulkhead doors in subpart H of part 
170, and subdivision and damage stability requirements. For more 
information on these revisions, see the discussion of Sec.  170.015 in 
this preamble.
    The amendments to SOLAS chapter II-1 primarily involve the 
harmonization of subdivision and damage stability requirements for 
passenger and cargo vessels. IMO Resolution A.265(VIII) (hereafter 
A.265) was promulgated in 1973, and contains a probabilistic damage 
stability method that is an alternative set of requirements for 
passenger vessels instead of the traditional requirements contained in 
existing SOLAS regulations. This optional use of A.265 has been 
incorporated into U.S. regulations as ``Type III subdivision'', as an 
alternative to Type I subdivision. However, we are not aware of any 
U.S. flag vessel that has used Type III subdivision (A.265).
    Since the SOLAS chapter II-1 amendments are effectively an update 
of A.265, there is no need to keep A.265 as an option. Accordingly, we 
propose removing Sec. Sec.  170.135, 171.075, and 171.082, which 
address A.265 and Type III subdivision. While not replacing A.265, the 
SOLAS chapter II-1 amendments would be accepted as an equivalent to 
Type I subdivision.

[[Page 49253]]

Operating information associated with SOLAS chapter II-1 would be added 
in new Sec.  170.140.

E. Corrections, Clarifications, and Updates

    In the course of this rulemaking, we identified several regulations 
that need to be updated or corrected, and others that could benefit 
from clarification. While each of these proposed rule changes will be 
addressed more fully in the ensuing section-by-section discussion, a 
summary list of the affected sections--other than those discussed in 
``SOLAS and Resolution A.265'' above, and ``American Bureau of 
Shipping'' below--is as follows: Subpart 71.75 (heading); 71.75-1; 
71.75-5; 115.900; 115.910; 115.920; 115.930; 170.001; 170.015; 170.070; 
170.100; 170.105; 170.135; 170.160; 170.165; Part 170, subpart E 
(heading); 170.170; 170.248; 170.270; 171.001; Part 171, subpart B 
(heading); 171.050; Part 171, subpart C (heading); 171.060; 171.065; 
171.070; 172.020; 172.070; 174.007; 174.100; 174.360; 176.900; 176.910; 
176.920; 176.930; 178.115; 178.230; 178.310; 178.320; 178.325; 179.212 
and 179.220.

F. American Bureau of Shipping

    As one of the updates of regulations cited above, we propose 
removing references to the American Bureau of Shipping (ABS) from 
Sec. Sec.  170.075, 170.080, 170.085, 170.093, 170.100, 170.110, 
170.120, 170.170, 170.173, 170.175, 170.180, 170.185, 170.190, and 
170.235. Procedures that the ABS uses to perform reviews of certain 
documents on behalf of the Coast Guard are contained in Navigation and 
Vessel Inspection Circulars 10-82 and 3-97. Title 46 U.S.C. 3316 
authorizes the Coast Guard to accept plan review, inspections, and 
examinations performed by ABS for compliance with Coast Guard rules and 
regulations. Delegation to a recognized classification society, 
including ABS, of authority to perform certain functions on behalf of 
Coast Guard is addressed in part 8 of 46 CFR.

G. Discussion of Proposed Amendments by Section

    Sec.  71.25-50. Existing Sec.  71.25-50 would be redesignated as 
Sec.  71.25-95, and a new section on stability verification would be 
added as discussed in detail earlier in this preamble under ``Stability 
Verification.''
    Sec.  71.50-1. The definition of ``drydock examination'' would be 
clarified to include the verification of the draft marks.
Subpart 71.75 (Heading) and Sec. Sec.  71.75-1 and 71.75-5
    The heading of this subpart and two of its sections would be 
revised to reflect that the SOLAS Passenger Ship Safety Certificate 
(PSSC) is issued under SOLAS 1974 provisions, that a vessel receiving a 
PSSC must comply with applicable SOLAS requirements, and that a vessel 
does not need to actually be engaged in international service but be 
certificated for international service to receive a PSSC.
    Sec.  114.400. A definition of ``variable load'' would be added to 
this section. The term is used in Sec.  115.112 for consideration of 
the number of persons and weight permitted on a vessel regulated by 
subchapter K.
    The third subparagraph of the definition of ``length'' would be 
deleted because it refers only to use with the requirements of part 
179, which are not applicable to vessels inspected under subchapter K.
    Sec.  115.110. Existing provisions of paragraph (d) of this section 
list the factors OCMIs may consider when designating a permitted route. 
This list would be modified by removing a part of subparagraph (d)(3) 
and adding it as new subparagraph (d)(4) to explicitly call attention 
to the OCMI's prerogative to consider a vessel's use in weather 
conditions. This approach would emphasize the OCMI's authority to 
include operational limits on a COI.
    It is not possible to accurately enumerate all combinations of safe 
environmental conditions on a given passenger vessel's COI. Instead, 
the Coast Guard has traditionally restricted small passenger vessels to 
operation in ``reasonable operating conditions.'' Defining reasonable 
operating conditions involves the judgment of a professional mariner 
having a certain degree of experience in the operation of a given size 
and type of vessel, and direct knowledge of the conditions to which the 
vessel is subject at any particular moment.
    Limiting winds, speeds, and wave heights alone, however, cannot 
adequately define a safe operating envelope for any vessel. Many other 
conditions involving the vessel, its changing environment, and its 
response to that environment, must be constantly observed, monitored, 
interpreted, and responded to by the master in order to evaluate the 
advisability of embarking on a voyage, or continuing on a voyage when 
conditions progressively deteriorate. The master has the responsibility 
to make this determination and is bound to do so using his or her best 
skill and judgment.
    This section, then, would emphasize the need for due diligence on 
the part of the master with respect to the weather, along with the 
other factors stipulated in this section, and would avoid unnecessary 
limits on the discretion of masters.
    Sec.  115.112. This section would be revised to explicitly list the 
total weight of passengers, crew, and variable loads as factors an OCMI 
may consider when determining the total number of persons and total 
weight a vessel would be permitted to carry.
    Sec.  115.505. This new section on stability verification would be 
added as discussed in detail earlier in this preamble, under 
``Stability Verification.''
    Sec.  115.610. Two sentences would be added to paragraph (a) that 
would add the verification of draft marks to the actions performed at a 
drydock examination, as well as to ensure that the stability 
information provided corresponds to the draft marks. A stability letter 
often includes an operating restriction that limits the maximum draft 
amidships. The vessel's draft marks (required by Sec.  122.602), 
however, might refer to a point on the vessel that differs from that 
used in the stability letter (for example, the bottom of the rudder or 
propeller). So that the master can effectively verify that the loaded 
vessel complies with the stability letter's maximum draft restriction, 
draft or loading marks must be provided that allow the master to 
compare the actual vessel draft with the maximum draft restriction. If 
the maximum draft restriction in the stability letter does not 
correspond to the information obtained from draft mark readings, a new 
stability letter with a revised restriction and/or draft marks would be 
needed.
    Sec. Sec.  115.900, 115.910, 115.920, and 115.930. These sections 
would be revised to reflect current practice and policy: (1) a 
passenger vessel need not actually be on an international voyage to be 
issued a SOLAS Passenger Ship Safety Certificate (PSSC) but simply be 
certificated for international service; (2) the Commandant no longer 
issues the PSSC or a SOLAS Exemption Certificate but authorizes the 
local OCMI to do so.
    Sec.  122.304. Forecasted visibility and weather conditions would 
be added as factors to which vessel masters should give special 
attention.
    Sec.  122.315. This section would be augmented to emphasize the 
master's duty to avoid overloading the vessel by taking into account 
the weight of passengers, crew, and variable loads.
    If appropriate for the vessel's operation, draft-sensing devices, 
loading

[[Page 49254]]

marks, or draft marks would satisfy this requirement. Other means might 
include: (1) Weighing passengers and crew individually, in groups, or 
in total; or (2) estimating the total weight of each passenger and 
including an appropriate margin.
    Of course, if the number of passengers permitted by the COI is 
significantly less than the number permitted by the stability letter, a 
simple passenger count would be satisfactory.
    Sec.  122.602. This section would be revised to require each vessel 
that complies with subchapter S requirements to have loading marks or 
draft marks. A stability letter or the stability information on a COI 
or load line certificate normally includes freeboard and draft 
restrictions on operation. While most vessels are already required to 
have markings of some kind, this section would be revised to require 
each vessel that complies with the requirements of subchapter S to have 
loading marks or draft marks to permit the master to verify compliance 
with the freeboard and draft restrictions.
    Part 170, Subpart E. As one of the corrections cited above, this 
subpart heading would be revised from ``Subpart E--Weather Criteria'' 
to ``Subpart E--Intact Stability Criteria'' to more accurately describe 
the contents of the subpart.
    Sec.  170.001. Paragraph (a) would be revised to clarify that the 
exception provision is intended to apply only to a vessel's contracted 
date. This exception was and is intended to allow retroactive 
application of new damage stability standards in Sec.  171.080 and is 
not intended to be applied to vessels other than those that are 
``inspected'' or that are required to meet a standard contained in 
subchapter S. A new subparagraph would also be added to paragraph (a) 
to clarify that certain uninspected vessels may need to comply with 
stability standards contained in subchapter S because they are issued a 
load line certificate or are required to meet a stability standard 
under subpart E of part 28 of this title.
    Sec.  170.015. In December 2006, the International Maritime 
Organization (IMO) adopted Resolution MSC.216(82), which is contained 
in SOLAS chapter II-1, to harmonize subdivision and damage stability 
regulations for passenger and cargo ships. Accordingly, SOLAS chapter 
II-1 would be added to this central incorporation by reference section 
and referenced in Sec. Sec.  170.140, and 170.248. The International 
Code on Intact Stability, 2008 (2008 IS Code), which would be 
referenced in Sec.  170.165, would also be added to Sec.  170.015.
    Sec.  170.055. A definition of ``constructed'' similar to that used 
in SOLAS for ``ships constructed'' would be added to this section for 
clarification.
    A definition of ``passenger fraction'' would also be added to this 
section. Passenger fraction is the ratio of total passenger weight to 
total displacement. This term would be used in revised Sec.  171.050, 
which addresses intact stability requirements for a mechanically 
propelled or a nonself-propelled vessel. It would also be used in 
proposed Sec.  171.052 concerning stability criteria for vessels of 
unusual proportion and form, specifically with regard to passenger 
distribution criteria.
    For some small passenger vessels built of light materials, the 
passenger fraction can be as high as 50 percent. Such high passenger 
fractions were not envisioned when existing intact stability criteria 
were developed. Therefore, new requirements associated with passenger 
fractions greater than 15 percent would be included in proposed Sec.  
171.052.
    Sec.  170.070. Paragraph (b) would be modified to clarify that 
subpart C of part 170 applies to a vessel when the subchapter under 
which it is inspected so directs.
    Sec.  170.090. An erroneous reference to Sec.  170.098 would be 
removed. Additionally, new provisions would be added governing the 
calculation of an assumed average weight per person and allowances for 
loads. These provisions replace the outdated assumed average weights 
currently contained in Sec.  178.330.
    The Coast Guard concurred with the NTSB's March 7, 2006 
recommendation (Recommendation M-06-05, available in the docket) to 
require that passenger capacity of domestic passenger vessels be 
calculated based on a statistically representative average passenger 
weight standard that is periodically updated. This section of the 
proposed rule sets forth the formula used to calculate the average 
weight per person published in the Federal Register on April 26, 2006, 
which resulted in a figure of 185 pounds. The formula relies on the 
most recent mean body weight data available from the National Health 
and Nutrition Examination Survey (NHANES), which is expected to be 
released periodically by the National Center of Health Statistics 
(NCHS), Centers for Disease Control and Prevention (CDC). As the U.S. 
population weight data is updated periodically by the CDC, the formula 
proposed in this rule would compute the latest, statistically 
representative, assumed average weight per person which will be used to 
evaluate the stability of passenger vessels.
    This notice and comment rulemaking provides the public the 
opportunity to comment on the formula and calculation methodology the 
Coast Guard proposes to use to determine the assumed average weight per 
person, as well as subsequent adjustments to the average weight per 
person using the same formula.
    When the CDC/NHANES releases an update regarding the average weight 
of adults in the United States, the Coast Guard, without further 
rulemaking, would publish a notice in the Federal Register of the 
availability of that data and the associated calculation of the average 
weight per person, according to the proposed formula. Vessel owner/
operators and masters of passenger vessels would be expected to take 
this new weight into consideration 60 days after the notice would be 
published, and load their vessels accordingly.
    The CDC NHANES program is a widely accepted and authoritative 
source for weight data on the U.S. population. The 2004 CDC NHANES 
report on surveys conducted in the United States between 1960 and 2002 
stated that ``on average, both men and women gained more than 24 pounds 
between the 1960s and 2002.'' According to this report, the mean weight 
of children of all ages also increased substantially between 1963 and 
2002. Teenage boys and girls aged 12-17 increased 15 and 12 pounds, 
respectively, to mean weights of 141 and 130 pounds, respectively, 
between the 1960s and 2002. (See CDC Advance Data, Number 347, dated 
October 27, 2004, available at: http://www.cdc.gov/nchs/products/pubs/
pubd/ad/ad.htm.)
    For a 50/50 male/female mix and for adults between 20 and 74 years 
old, an average weight of 177.7 pounds without clothing was calculated 
from the data released in the NHANES report. An average weight of 
approximately 185 pounds is obtained when the most current CDC average 
weight of 177.7 pounds is added to the Federal Aviation Administration 
(FAA) average clothing weight of 7.5 pounds. (See FAA Advisory Circular 
(AC) 120-27E, Aircraft Weight and Balance Control, dated June 10, 2005, 
paragraph 201 (superseding FAA AC 120-27D), available in the docket). 
Approximately the same weight is obtained when the CDC average adult 
weight gain of 24 pounds is added to the 160-pound average established 
in the 1960s.
    The accuracy of this result is further confirmed by the weights 
recommended by government authorities in Canada and New Zealand. A 2003 
New Zealand Civil Aviation Authority survey of passenger weights 
reported an average

[[Page 49255]]

weight without carry-on bags or personal effects of 176.8 pounds. 
Transport Canada, Canada's Federal transportation agency, recommends 
assuming an average weight of 182.5 pounds per person in summer and 
188.5 pounds in winter for small aircraft. Transport Canada's weights 
included an allowance for clothing, but not luggage. (These documents 
are available in the docket.)
    The Coast Guard also considered a report by the Coast Guard 
Passenger Weight Working Group. The report, dated May 19, 2005, 
available in the docket (and mentioned earlier in this preamble under 
``Background and Purpose''), used an average passenger weight of 190 
pounds to assess the potential impacts of regulatory changes. This 
average passenger weight was based on the FAA's use in their Advisory 
Circular AC 120-27D of an average winter passenger weight of 189 
pounds, not including carry-on bags. It was noted in the report to be 
conservative. The current FAA Advisory Circular, AC 120-27E, also uses 
an average winter passenger weight of 189 pounds without carry-on bags, 
and includes allowances of 10 pounds each for clothing and personal 
items. (See AC 120-27E, paragraphs 201 and 205, and Tables 2-1 and 2-
2.)
    The FAA arrived at the standard average passenger weights used in 
AC 120-27E after performing certain mathematical calculations using the 
CDC's NHANES data, rather than relying on the average weights published 
by the CDC in Advance Data Number 347. (See AC 120-27E, Appendix 2). 
However, to achieve safe vessel stability standards without restricting 
passenger vessel operators unnecessarily, the most accurate weight data 
available must be subjected to sound naval architecture analysis, 
rather than simply mimicking the product of calculations unrelated to 
vessel stability. Reliance on CDC data to update pertinent vessel 
stability regulations now and in the future satisfies the need for 
accurate weight information.
Additional Considerations of the Assumed Average Weight per Person for 
Vessels on Protected Waters
    The current Coast Guard regulation associated with the performance 
of a simplified stability test (SST) permits the weight of one person 
to be considered as 63.5 kilograms (140 pounds) if the vessel operates 
exclusively on protected waters and the passenger load consists of men, 
women, and children (46 CFR 178.330(a)(4)(ii)). Experience has shown 
that many vessels whose stability is based on this passenger weight 
standard do operate with such a mix of passengers. Many of these 
vessels, however, occasionally carry a passenger load consisting 
predominantly of adults, and some vessels do so most of the time.
    We propose removing the weight standard currently used in Sec.  
178.330 and, instead, adding provisions to Sec.  170.090 that would 
utilize data from the most recent NHANES survey to arrive at a more 
accurate average weight per person. However, the proposed rule would be 
unnecessarily inflexible if it did not consider vessels that normally 
operate with a mix of men, women, and children on protected waters. To 
address cases where the owners of such vessels can effectively manage 
vessel stability to ensure that their vessels are not overloaded, the 
proposed rule permits the OCMI to agree, in writing, to the use of 
other values. For example, excursion vessels whose businesses cater to 
families or child-oriented themes may be able to show that they will 
carry a high percentage of children, who weigh far less than the 
assumed average weight per person of adults.
    As discussed above, fundamental differences between the marine and 
aviation fleets make a broad and uncritical adoption of FAA passenger 
weight analysis unrealistic. With the OCMI's written agreement, 
however, if feasible and appropriate for their service, some vessels 
may be able to utilize FAA methods to determine the weight of 
passengers and bags. Those methods are described in FAA AC 120-27E.
    Another possible solution would allow the vessel operator to manage 
stability by weighing each passenger or all passengers together prior 
to embarkation; or asking each passenger his or her weight, adding an 
appropriate margin for clothing or understated weight, and verifying 
that the passenger weight tally does not exceed the total permitted 
passenger weight.
    Sec.  170.105. This section would be revised to reflect the correct 
application of subchapter T vessels.
    Sec.  170.135. We propose removing this section concerning Type III 
subdivision in its entirety. See the discussion earlier in this 
preamble under ``SOLAS and Resolution A.265.''
    Sec.  170.140. See the discussion of Sec.  170.015 in this 
preamble.
    Sec.  170.160. To correct the erroneous reference to Sec.  178.330, 
paragraph (c)(3) would be revised to indicate that performance of any 
of the simplified stability tests described in part 178 would be an 
acceptable alternative to the demonstration of compliance with the 
standards of subpart E. Paragraph (d) would be added so that vessels 
complying with applicable provisions of the International Code on 
Intact Stability, 2008 (2008 IS Code), enunciated in new Sec.  170.165, 
would be considered equivalent to complying with the requirements of 
Sec. Sec.  170.170 and 170.173.
    Sec.  170.165. This section would be added to implement the 
Introduction and Part A of the 2008 IS Code for vessels certificated 
for international service. Paragraph (a) of this section would codify 
the requirements that are expected to be adopted as amendments to both 
the 1988 Load Line Protocol and SOLAS for vessels to which either of 
these IMO agreements apply.
    Paragraph (b) would make compliance with the 2008 IS Code an 
alternative for vessels to which paragraph (a) does not apply.
    Sec.  170.170. This section would be revised to correct a 
deficiency in the current regulations. Section 170.170 contains what 
are commonly referred to as ``wind heel'' requirements for intact 
stability. The formulation for a minimum required metacentric height 
(GM) currently contained in this section facilitated easy evaluation 
and verification that the vessel does not exceed the limiting angle of 
14 degrees, or one-half the freeboard to the deck edge, without the 
more involved process of calculating righting and heeling arm curves to 
determine the heel angle. While this formulation reflects a common 
simplification that was and is appropriate for conventional ships--and 
is simple to compute--there exist some unusual combinations of beam, 
freeboard, wind profile area, and metacentric height for which the 
existing equation is not appropriate.
    For example, calculations submitted to the Marine Safety Center 
(MSC) for a vessel with low freeboard and a high wind profile area a 
few years ago showed compliance with the minimum metacentric height 
requirement, but the MSC's verifying calculations showed the vessel 
would capsize when the required wind heeling moment was applied. The 
reason for this discrepancy was that the angle of deck edge submergence 
was less than 5 degrees, which caused the maximum righting arm to occur 
at such a low angle that the required righting moment to maintain 
equilibrium could not be obtained.
    The proposed change would correct this deficiency by requiring the 
calculation of righting arm curves. This change would implement the 
intent of this regulation, which is to restrict the angle of heel 
caused by wind pressure that varies according to stability route.

[[Page 49256]]

    Sec.  170.248. Paragraph (a) of this section would be revised and a 
new paragraph would be added to invoke SOLAS watertight bulkhead door 
requirements on vessels issued a SOLAS safety certificate in addition 
to the specific requirements already contained in part 170.
    Sec.  170.270. This section would be revised to update the ASTM 
standards incorporated by reference.
    Part 171 (subpart headings). Subparts B and C would be re-titled 
``Intact stability'' and ``Subdivision and damage stability'', 
respectively, to more accurately describe the contents of those 
subparts.
    Sec.  171.001. This section would be modified to require a 
passenger vessel certificated for international service and constructed 
on or after January 1, 2009, to comply with the newly revised 
regulations of SOLAS chapter II-1. For the purposes of this section, 
those SOLAS requirements are equivalent to the requirements of part 171 
when applied to such vessels. This section would also be modified to 
reflect the current application of part 171 to certain vessels 
inspected under subchapter T.
    Sec.  171.012. This new section would be added to incorporate by 
reference into part 171 SOLAS chapter II-1 and the 2008 IS Code. SOLAS 
chapter II-1 would be referenced in Sec.  171.001 and the 2008 IS Code 
in Sec.  171.050.
    Sec.  171.045. See the discussion of this section under ``Weight of 
Passengers and Crew'' earlier in this preamble.
    Sec.  171.050. The heading of this section would be revised to more 
accurately describe the contents of the section as relating 
specifically to passenger heel. The revised section would also 
establish the minimum standard for intact stability of a mechanically 
propelled or nonself-propelled vessel as an angle of heel not greater 
than 14 degrees, or the angle of heel at which the deck edge is first 
submerged, whichever is less. Angle of heel is more accurate than the 
current standard, which relies upon a simplified calculation of 
metacentric height. Moreover, the current standard was intended to 
approximate angle of heel, and was adopted because angle of heel 
calculations were considered in the past to be too onerous for purposes 
of this regulation. With current computing capabilities, however, use 
of the more accurate standard would be appropriate. Additionally, 
paragraph (c) would be added so that compliance with the requirements 
in the 2008 IS Code for passenger ships would be considered equivalent 
to complying with the provisions of paragraph (a) governing passenger 
heeling.
    Sec.  171.052. Technological improvements in vessel design and 
construction have resulted in some vessels that weigh significantly 
less than their more conventional predecessors. Intact stability 
criteria for passenger vessels did not consider vessels of light 
construction, for which the total weight of passengers and their 
effects could constitute 50 percent or more of the total displacement 
weight. Studies of passenger distribution have been performed that show 
that the standard currently contained in Sec.  170.173 does not provide 
a margin of safety for vessels of light construction to the same degree 
as for those vessels for which the standard was developed.
    Accordingly, this new section would be added to specify stability 
requirements for vessels of unusual proportion and form in order to 
withstand certain operating conditions, and also to take into account 
variations in passenger loading. The addition of passenger distribution 
criteria will bring the stability analysis of domestic vessels in line 
with the methodology employed by the 2008 IS Code, and account for a 
wide variety of hull forms not envisioned by the current regulations. 
See the discussion of ``passenger fraction'' at Sec.  170.055.
    Sec.  171.060. We propose removing the text concerning Type III 
subdivision. See the discussion earlier in this preamble under ``SOLAS 
and Resolution A.265.''
    Sec.  171.065. The second equation in this section is erroneous, 
and would be corrected. When subchapter S regulations were originally 
published in 1983, the equation was correct; however, a printing 
error--changing the term P1 to P--was introduced in subsequent editions 
of the CFR. We propose taking this opportunity to correct the error.
    Sec.  171.070. The current regulation is silent concerning the 
minimum spacing of watertight bulkheads for vessels less than 143 feet 
in length that make international voyages. These vessels are normally 
required to meet SOLAS requirements for such spacing, which are the 
same as for vessels that are 143 feet or more in length. We propose 
taking this opportunity to correct this omission.
    Sec.  171.075. We propose removing this section concerning Type III 
subdivision in its entirety. See the discussion earlier in this 
preamble under ``SOLAS and Resolution A.265.''
    Sec.  171.080. This section, which specifies damage stability 
standards for vessels with Type I or Type II subdivision, would be 
revised by removing ``75 kilograms'' as an assumed average passenger 
weight, and referring to Sec.  170.090 instead, which uses the most 
current NHANES data.
    Sec.  171.082. We propose removing this section--regarding Type III 
subdivision--in its entirety. See the discussion earlier in this 
preamble under ``SOLAS and Resolution A.265.''
    Sec.  172.020. This section would be revised to include MARPOL 73/
78 as a standard to be incorporated by reference.
    Sec.  172.070. This section would be revised to clarify the date 
after which vessels must comply with the intact stability requirements 
of the International Convention for the Prevention of Pollution from 
Ships, 1973, (as amended by the Protocol of 1978 (MARPOL 73/78) Annex 
I). The revised section would also reflect the renumbering of 
regulations that occurred in MARPOL 73/78.
    Sec.  174.007. This new section would be added to incorporate by 
reference SOLAS chapter II-1. SOLAS chapter II-1 would be referenced in 
Sec.  174.360 for the reasons discussed below.
    Sec.  174.100. This section would be revised to update the ASTM 
standards incorporated by reference.
    Sec.  174.360. We are taking the opportunity to update this 
section, as cited above. The amendments to SOLAS chapter II-1 discussed 
earlier in this preamble under ``SOLAS and Resolution A.265'' also 
apply to dry cargo ships constructed on or after January 1, 2009. Since 
Sec.  174.360 applies to dry cargo ships built before this date as 
well, we propose updating this section to properly address the 
requirements that are applicable to dry cargo ships constructed both 
before and after January 1, 2009. See the discussion at Sec.  170.015 
earlier in this preamble.
    Sec.  175.400. Definitions of ``variable load'' and ``total test 
weight'' would be added to this section. Both terms are used in Sec.  
176.112 for consideration of the number of persons and weight permitted 
on a vessel inspected under subchapter T, and in the simplified 
stability proof test set out in Sec.  178.330.
    Sec.  176.110. As discussed in Sec.  115.110 of this preamble, this 
section lists the factors OCMIs may consider when designating a 
permitted route.
    Sec.  176.112. This section would be revised to explicitly list the 
total weight of passengers, crew, and variable loads as factors an OCMI 
may consider when determining the total number of persons and total 
weight a vessel would be permitted to carry.
    Sec.  176.505. This new section on stability verification would be 
added as discussed in detail earlier in this preamble under ``Stability 
Verification.''

[[Page 49257]]

    Sec.  176.610. Two sentences would be added to paragraph (a) that 
would add the verification of draft marks to the actions performed at a 
drydock examination, as well as make sure that the stability 
information provided corresponds to the draft marks provided. See the 
discussion of Sec.  115.610 earlier in this preamble.
    Sec.  176.900, 176.910, 176.920, and 176.930. See the discussion of 
Sec. Sec.  115.900, 115.910, 115.920, and 115.930 in this preamble, 
where we discuss proposed revisions to reflect current practice and 
policy regarding SOLAS certificates.
    Sec.  178.115. This section would be modified to allow application 
of subpart B to existing vessels.
    Sec.  178.210. Paragraphs (a), (b) and (c) of this section would be 
revised to clarify what stability information is necessary for a vessel 
to meet intact stability standards, and a new paragraph (d) would add 
the requirement for an MSC-issued stability letter, as discussed in 
``Notes on Pontoon Vessels'' above.
    Sec.  178.215. See the discussion earlier in this preamble under 
``Weight of Passengers and Crew.''
    Sec.  178.230. Paragraph (b) of this section would be revised, and 
a new paragraph (c) added, to expand the information required of 
vessels showing compliance with subchapter S, including information 
required in part 170 of that subchapter.
    Sec.  178.310. This section would be revised to clarify the intact 
stability requirements for vessels subject to subchapter S, as well as 
those that can use subchapter T requirements. In addition, we would add 
the option of another requirement as stipulated by the Commanding 
Officer, Marine Safety Center. Finally, the existing option to use an 
SST for vessels carrying not more than 150 passengers would be removed, 
as the general applicability of subchapter T (see 46 CFR 175.100) 
already excludes vessels carrying more than 150 passengers. A figure 
would be added to assist users in understanding these requirements.
    Sec.  178.320. We propose clarifying in this section that 
subchapter S stability requirements, or requirements determined by the 
Commanding Officer, Marine Safety Center, apply to all inspected 
passenger vessels that are not explicitly described and excepted in 
Sec.  178.320. For vessels that are described in this section, the 
performance of a simplified stability test is an option. However, for 
vessels carrying 49 passengers or fewer, the cognizant OCMI has the 
authority to require compliance with subchapter S standards, or to 
apply another standard in lieu of the simplified stability test. 
Specifically, we propose revising redesignated paragraph (b) to clarify 
that a vessel whose stability cannot be adequately assessed by other 
means must be shown by design calculations to meet the applicable 
intact stability requirements of subchapter S.
    For readability, we propose moving the explanation of the 
simplified stability test to the beginning of the section rather than 
the end. For consistency, we propose moving from Sec.  178.325 the list 
of restrictions for a monohull sailing vessel undergoing a simplified 
stability test to this section. Further, we propose adding the option 
of an SST for certain flush-deck non-sailing catamarans.
    We also propose adding to Sec.  178.320 restrictions on the 
application of a pontoon simplified stability proof test (PSST). These 
proposed restrictions on the application of the PSST are based in part 
on a study of twin hull pontoon passenger vessels, entitled Study on 
the U.S. Domestic Intact Stability and Subdivision Requirements for 
Twin Hull Pontoon Passenger Boats Less Than 65 Feet in Length, which is 
available in the docket as indicated in the ADDRESSES section. A table 
would be added to clarify applicability requirements.
    Sec.  178.325. For consistency, we propose revising this section to 
move the list of restrictions for a monohull sailing vessel undergoing 
an SST to Sec.  178.320. In addition, we would clarify that the 
performance of a simplified stability proof test is optional, as 
provided in Sec.  178.320.
    Sec.  178.330. New provisions would be added governing the assumed 
average weight per person to be used as well as allowances for loads on 
small passenger vessels. The latest assumed average weight per person 
would replace the outdated assumed average weights previously contained 
in Sec.  178.330, and would refer to Sec.  170.090, which would be 
based on the latest weight data available from the National Center for 
Health Statistics' National Health and Nutrition Examination Survey 
(NHANES). For further information on the basis for these revisions, see 
the discussion of Sec.  170.090 in this preamble.
    Sec.  178.340. This section would be revised to codify existing 
policy on pontoon vessel intact stability, clarify those requirements, 
and improve consistency of application. These revisions include a 
requirement that when a PSST is performed, each fuel, water, and sewage 
tank be full, and that the simulated load of passengers, crew, and 
other loads be distributed to provide normal operating trim. 
Additionally, procedural changes to improve the accuracy of the test 
would be made based on recent detailed analyses of multihull stability 
characteristics that were not previously available. The organization of 
the revised section would align with that of Sec.  178.330, which 
concerns the SST generally for monohull vessels.
    Sec.  179.15. This new section would be added to incorporate by 
reference SOLAS chapter II-1. SOLAS chapter II-1 would be referenced in 
Sec.  179.212 for the reasons discussed below.
    Sec.  179.212. This section has been revised to clarify that the 
``simplified'' subdivision requirements of part 179 can only be used in 
conjunction with the ``simplified'' intact stability requirements of 
part 178, and vice versa. A new paragraph would also be added to this 
section to require a passenger vessel constructed on or after January 
1, 2009, intended to make international voyages, and issued a SOLAS 
PSSC, to meet applicable requirements of SOLAS chapter II-1 instead of 
the subdivision and damage stability requirements of this section. For 
the purposes of this section, those SOLAS requirements are equivalent 
to the requirements of this part when applied to such vessels. For 
additional information, please see the discussion in Sec.  171.001 of 
this preamble.
    Sec.  179.220. To enhance reliability and consistency, we propose 
adding a paragraph requiring that the calculations specified by this 
section be submitted to the Marine Safety Center for review and 
approval. In addition, we are taking this opportunity to correct the 
use of confusing, repeated symbols in paragraph (a).
    Sec.  185.304. Forecasted visibility and weather conditions would 
be added as factors to which vessel masters should give special 
attention. A new paragraph would also be added requiring masters of 
vessels not greater than 65 feet in length to have means available to 
monitor marine broadcasts.
    Sec.  185.315. A new paragraph would be added to this section to 
emphasize the master's duty to avoid overloading the vessel by taking 
into account the weight of passengers, crew, and variable loads. Please 
see the detailed discussion in Sec.  122.315 of this preamble regarding 
satisfactory means by which the master may accomplish this.
    Sec.  185.602. This section would be revised to require each vessel 
that complies with subchapter S requirements to have loading marks or 
draft marks. A stability letter or stability information placed on a 
COI or load line certificate normally includes freeboard and draft 
restrictions on operation.

[[Page 49258]]

While a very high proportion of vessels already have marks, every 
vessel whose stability approval was issued in accordance with 
subchapter S should have loading or draft marks to permit the master to 
verify compliance with the freeboard and draft restrictions. See the 
discussion of Sec.  115.602 earlier in this preamble.

VI. Incorporation by Reference

    Material proposed for incorporation by reference appears in 
Sec. Sec.  170.015, 171.012, 172.020, 174.007 and 179.15. You may 
inspect this material at U.S. Coast Guard Headquarters where indicated 
under ADDRESSES. Copies of the material are available from the sources 
listed in Sec. Sec.  170.015, 171.012, 172.020, 174.007 and 179.15.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporations 
by reference.

VII. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we have summarized 
our analysis based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget (OMB) has not reviewed it under that Order. Nevertheless, we 
have prepared a Preliminary Regulatory Analysis of potential costs and 
benefits which is available in the docket where indicated under the 
ADDRESSES section of this preamble. A summary of the analysis follows:
    The Coast Guard proposes to amend its regulations governing 
stability requirements and the maximum number of passengers that may 
safely be permitted on board a vessel inspected and certificated under 
46 CFR subchapters H, K or T. To calculate vessel stability and the 
maximum number of persons allowed on board, Coast Guard regulations 
currently use an average weight per person of either 160 or 140 pounds, 
depending on vessel route and mix of passengers. These figures were set 
in the 1960s. In 2004, however, the Centers for Disease Control and 
Prevention (CDC) released findings that the average mean body weight 
for men and women had increased by 24 pounds since the 1960s. 
Therefore, this notice of proposed rulemaking (NPRM) is intended to 
update the average weight per person used in both intact stability and 
subdivision and damage stability compliance for vessels, and also in 
calculating the maximum number of passengers permitted on board.
    Based on Coast Guard data, we estimate this proposed rule would 
affect 6,073 inspected passenger vessels. These vessels would all be 
required to have updated stability letters. Of these vessels, 1,140 
would require both a new stability test and a reduction in maximum 
passenger load to obtain an updated stability letter. Additionally, 
3,542 vessels would require either a new stability test or a stability 
recertification, but would not need to reduce maximum passenger load. 
Finally, 1,391 vessels would require no additional stability test or 
recertification and no reduction in passenger load in order to receive 
an updated stability letter.
    We estimate the non-discounted first-year and recurring costs to be 
about $10 million and $2.5 million, respectively. We estimate the 
discounted ten-year cost of this rulemaking to be $24.6 million at a 
seven percent discount rate and $28.7 million at a three percent 
discount rate. The annualized costs over the ten-year period are $3.5 
million at a seven percent discount rate and $3.36 million at a three 
percent discount rate.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    An Initial Regulatory Flexibility Analysis (IRFA) that examines the 
impacts of the rule on small entities is discussed below. Under section 
603 of the Regulatory Flexibility Act, an IRFA must describe the impact 
of the proposed rule on small entities and contain the following:
    1. A description of the reasons why action by the agency is being 
considered;
    2. A succinct statement of the objectives of, and legal basis for, 
the proposed rule;
    3. A description of and, where feasible, an estimate of the number 
of small entities to which the proposed rule will apply;
    4. A description of the projected reporting, recordkeeping and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report or record;
    5. An identification, to the extent practicable, of all relevant 
Federal rules which may duplicate, overlap or conflict with the 
proposed rule; and,
    6. A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize any significant economic impact of the proposed rule on 
small entities.
    We have discussed many of these issues at length in other sections 
of the NPRM. We refer the reader to the applicable sections of the NPRM 
for more detail. We have prepared an IRFA of the potential impacts of 
the proposed rule on small entities which is available in the docket 
where indicated under the ADDRESSES section of this preamble. A summary 
of the IRFA follows:
Number of Small Entities Affected
    Entities that would be affected by the proposed rule are owners and 
operators of U.S.-inspected, U.S. flag passenger vessels. To determine 
which of the affected entities are small, we used public and 
proprietary databases to determine employee size and annual revenues of 
the entities and the North American Industry Classification System 
(NAICS) codes to classify the entities. We then applied the United 
States Small Business Administration (SBA) criteria for classifying 
small businesses to the associated NAICS code for a particular entity, 
and were able to determine whether the entity would be classified as 
small.
    Of the affected population of approximately 6,073 vessels (owned by 
5,760 U.S. entities) that would comply with this proposed rule, we took 
a sample of 156 small companies from the total population of companies 
that potentially own or operate these vessels. We researched 
approximately 900 companies in order to obtain the 156 small businesses 
that were required to meet our confidence level. We excluded companies 
that did not have the requisite data to allow us to make a 
determination on whether a company was small.
Types of Entities Affected
    We classified small businesses by the NAICS code for those 
businesses that had known company information, and determined whether a 
business was small by using the SBA size standards matched to the NAICS 
codes. We analyzed businesses with 26 different

[[Page 49259]]

NAICS codes and found that about 75 percent of passenger vessels were 
owned by companies who operate recreational and sightseeing businesses. 
Of the small businesses that we analyzed, 38 percent are classified as 
``scenic and sightseeing transportation'' companies. ``Recreation and 
amusement'' companies represent about 11 percent of the companies. 
``Travel agencies'' and ``tour operators'' represent 11 percent. The 
remaining 25 percent of the small businesses that we analyzed are 
comprised of 21 different NAICS codes. The largest percent of the 
remaining 25 percent were ``inland water transportation'' and ``boat 
dealers.''
    To estimate the impact on small businesses, we identified the 
vessels operated by each company. These vessels were assessed by naval 
architects as to the likely impact of an updated average weight per 
person on their stability calculations. We then categorized the vessels 
into cost categories similar to those in Table 1 which are further 
detailed in the Preliminary Regulatory Analysis and the Initial 
Regulatory Flexibility Analysis (available in the docket).

                   Impact of Updated Passenger Weight Standard on Small Businesses by Category
----------------------------------------------------------------------------------------------------------------
                                                                                           No. of     Passenger
                  Category                              Description of impact             vessels     reduction
----------------------------------------------------------------------------------------------------------------
1...........................................  Vessels that would incur a reduction in            34          315
                                               passenger capacity, based on new
                                               stability tests or calculations, or
                                               based on existing stability test data,
                                               and would incur re-certification costs
                                               for intact and subdivision and damage
                                               stability.
2 & 3.......................................  Vessels that would not incur a reduction           91            0
                                               in passenger capacity, but would have
                                               restrictions on the number of
                                               passengers on higher decks based on new
                                               or existing stability test data or
                                               calculations, and would incur
                                               recertification costs, and vessels that
                                               would not incur a reduction in
                                               passenger capacity, but would require
                                               new stability information to be issued
                                               based on new or existing stability
                                               tests or calculations, and would incur
                                               recertification costs.
4...........................................  Vessels that would not incur a reduction           31            0
                                               in passenger capacity, based on metrics
                                               that show that the effect of increased
                                               assumed passenger weight would be
                                               sufficiently small that no
                                               recertification action would be
                                               necessary.
                                                                                       -------------------------
    Totals..................................  ........................................          156          315
----------------------------------------------------------------------------------------------------------------

    We estimated the cost impact on annual revenue for each entity by 
category of vessel cost. The analysis shows that 81 percent of affected 
small entities would have an impact of less than one percent of 
estimated revenue and 19 percent of affected small entities would have 
an impact of one to two percent of revenue.
    At this time, the Coast Guard is seeking comments on whether this 
proposed rule would have a significant economic impact on a substantial 
number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.
Other Federal Rules
    The requirements in this proposed rule do not overlap with 
provisions of any other agency.
Regulatory Alternatives
    The goal of this NPRM is to establish the appropriate measures when 
conducting stability tests. The no-action alternative is to ignore the 
increase in weight of the average American and to calculate stability 
with inaccurate data.
    A possible alternative is to allow the OCMI to deal with each 
individual vessel on a case-by-case basis without any national 
standard. The likely result would be a non-uniform weight standard, 
with vessels that change location failing to meet local requirements.
    We address the projected reporting and recordkeeping requirements 
as well as the type and professional skills necessary for the 
preparation of reports and records in the cost analysis and Paperwork 
Reduction Act sections of this report.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Mr. William Peters, U.S. Coast 
Guard, Office of Design Engineering Standards, Naval Architecture 
Division (CG-5212), telephone 202-372-1371. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), a ``collection of information'' comprises 
reporting, recordkeeping, monitoring, posting, labeling, and other, 
similar actions. The title and description of the information 
collections, a description of those who must collect the information, 
and an estimate of the total annual burden follow. The estimate covers 
the time for reviewing instructions, searching existing sources of 
data, gathering and maintaining the data needed, and completing and 
reviewing the collection.
    This proposed rule would call for revisions of two collections of 
information under the Paperwork

[[Page 49260]]

Reduction Act of 1995 (44 U.S.C. 3501-3520). 46 CFR 78.121, 115.306, 
170.120, and 176.306 require the collection of information. The updated 
average weight per person would require revisions of the existing OMB-
approved collections of information.
OMB Control Number: 1625-0064.
    Title: Plan Approval and Records for Subdivision and Stability 
Regulations--Title 46 CFR Subchapter S.
    Summary of the Collection of Information: This collection of 
information requires owners, operators, or masters of certain inspected 
vessels to obtain and/or post various documents as part of the Coast 
Guard commercial vessel safety program. The collection also requires 
the reporting of certain information.
    Need for Information: The Coast Guard needs this information to 
determine whether an entity meets the statutory requirements.
    Proposed Use of Information: The Coast Guard would use this 
information to determine whether an entity meets the statutory 
requirements.
    Description of the Respondents: Owners, operators, and/or masters 
of passenger vessels.
    Burden of Response: The burden of this proposed rule for this 
collection of information is the provision of documentation of 
stability analysis and posting of a stability letter. This collection 
of information applies to all vessels that comply with subchapter S. 
This includes vessels inspected under 46 CFR subchapter H or K and some 
vessels inspected under subchapter T. We estimate 1,874 vessels comply 
with subchapter S. During this period, we estimate the total number of 
respondents is 1,388.
    Estimate of Total Annual Burden: The existing OMB-approved total 
annual burden is 4,539 hours. The revision includes a one-time annual 
burden that would be approximately 5,791 hours. The total annual burden 
is estimated to be 10,330.
OMB Control Number: 1625-0057.
    Title: Small Passenger Vessels--Title 46 Subchapters K and T.
    Summary of the Collection of Information: This collection of 
information requires information necessary for the proper 
administration and enforcement of the program on safety of commercial 
vessels as it affects small passenger vessels.
    Need for Information: The Coast Guard needs this information to 
determine whether an entity meets the statutory requirements.
    Proposed Use of Information: The Coast Guard would use this 
information to determine whether an entity meets the statutory 
requirements.
    Description of Respondents: Owners, operators, and/or masters of 
small passenger vessels.
    Burden of Response: The burden of this proposed rule for this 
collection of information is the posting of a stability letter, as 
required by 46 CFR 115.306 (subchapter K) or 46 CFR 176.306 (subchapter 
T). Of the 5,487 respondents, there are 3,669 vessels inspected under 
46 CFR subchapters K or T that would need to post a new stability 
letter.
    Estimate of Total Annual Burden: The existing OMB-approved annual 
burden, related to the posting of a stability letter, is 11 hours. The 
revision includes a one-time increase in the annual burden of 
approximately 305 hours to post the new stability letter.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we will submit a copy of this proposed rule to the Office of 
Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    The proposed rule would be issued under authority conferred on the 
Coast Guard by Chapter 33 of Title 46 United States Code (U.S.C.). 
Chapter 33 of Title 46, U.S.C. describes the regimen of regulation for 
vessels ``subject to inspection'' by the U.S. Coast Guard. Vessels 
``subject to inspection'' is a term of art developed by Congress. It 
refers to various types of vessels listed in 46 U.S.C. 3301 subject to 
a comprehensive, permissive regimen of Federal regulation. By contrast, 
``uninspected vessels,'' such as most commercial fishing vessels and 
recreational vessels, are still subject to Coast Guard regulation, but 
under a much less comprehensive and prescriptive scheme of Federal 
regulation. The U.S. Supreme Court has long recognized the preemptive 
impact of Federal regulations in the field of inspected vessels. See, 
for example, Kelly v. Washington ex rel Foss, 302 U.S. 1 (1937) and 
Locke, 529 U.S. 113-116. Therefore, Coast Guard regulations issued 
under the authority of 46 U.S.C. 3306 in the areas of design, 
construction, alteration, repair, operation, superstructures, hulls, 
fittings, equipment, appliances, propulsion machinery, auxiliary 
machinery, boilers, unfired pressure vessels, piping, electric 
installations, accommodations for passengers and crew, sailing school 
instructors, sailing school students, lifesaving equipment and its use, 
firefighting equipment, its use and precautionary measures to guard 
against fire, inspections and tests related to these areas and the use 
of vessel stores and other supplies of a dangerous nature have 
preemptive effect over state regulation in these fields.
    Title 33 U.S.C. 3301 subjects passenger vessels to Coast Guard 
inspection, and 33 U.S.C. 3306 provides the Coast Guard with clear 
authority to establish safety regulations for such vessels. Our 
proposed rule would revise and update stability standards for passenger 
vessels subject to Coast Guard regulations covered by 46 CFR 
subchapters H, K or T. These factors support the Coast Guard's 
determination herein that States may not regulate within the categories 
covered by this proposed rule, and the Coast Guard hereby determines 
that if States were to regulate on these subjects it would frustrate 
the purpose of these rules, which is to establish a uniform national 
scheme as directed by Congress. Therefore, under E.O. 13132, this 
proposed rule would not have an implication under federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In

[[Page 49261]]

particular, the Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $100,000,000 or more in any one year. 
Though this proposed rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    To determine whether the proposed rule would have an impact on any 
Indian tribal governments, we queried MISLE to obtain a list of 
inspected vessels potentially owned or operated by Indian tribes. The 
list was augmented by a thorough Internet search. The electronic file 
for each vessel was then examined for any relationship to a tribal 
organization. Additionally, we questioned Coast Guard field units to 
determine whether the cognizant OCMIs were aware of any tribally owned 
vessels.
    Although we found one vessel that was confirmed to be owned by an 
Indian tribe, there would be no impact to that vessel from this 
proposed rule. Consequently, we determined that this proposed rule does 
not have tribal implications under Executive Order 13175, Consultation 
and Coordination with Indian Tribal Governments, because it would not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.

K. Energy Effects

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

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specifications of 
materials, performance, design, or operation; test methods; sampling 
procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standards bodies.
    This proposed rule uses the following voluntary consensus 
standards: American Society for Testing and Materials (ASTM) and 
Military Specification, Naval Publications and Forms Center, Code 1052. 
The proposed sections that reference these standards and the locations 
where these standards are available are listed in Sec. Sec.  170.015, 
170.270, 174.007 and 174.100.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, please identify them in a comment 
to the Docket Management Facility at the address under ADDRESSES and 
explain why they should be used.

M. Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination under the Commandant Instruction that 
this action is not likely to have a significant effect on the human 
environment. A preliminary ``Environmental Analysis Check List'' 
supporting this preliminary determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 115

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 122

    Marine safety, Passenger vessels, Penalties, Reporting and 
recordkeeping requirements.

46 CFR Part 170

    Marine safety, Reporting and recordkeeping requirements, Vessels, 
Incorporation by reference.

46 CFR Part 171

    Marine safety, Passenger vessels, Incorporation by reference.

46 CFR Part 172

    Cargo vessels, Hazardous materials transportation Marine safety, 
Incorporation by reference.

46 CFR Part 174

    Marine safety, Reporting and recordkeeping requirements, Vessels, 
Incorporation by reference.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 178

    Marine safety, Passenger vessels.

46 CFR Part 179

    Marine safety, Passenger vessels, Incorporation by reference.

[[Page 49262]]

46 CFR Part 185

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR parts 71, 114, 115, 122, 170, 171, 172, 174, 175, 176, 
178, 179, and 185 as follows:

PART 71--INSPECTION AND CERTIFICATION

    1. The authority citation for part 71 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; 
E.O. 122234, 45 FR 58801, 3 CFR, 1980 Comp., p. 351; Department of 
Homeland Security Delegation No. 0170.1.

    2. Redesignate Sec.  71.25-50 as Sec.  71.25-95, and add new Sec.  
71.25-50 to read as follows:


Sec.  71.25-50  Stability verification.

    (a) At each annual inspection, the owner or operator of each vessel 
must demonstrate:
    (1) That the stability information required under subpart D of part 
170 of this title has been re-examined and confirmed to be appropriate 
for the loading and service intended; and,
    (2) The means by which the master complies with the requirements of 
Sec. Sec.  78.17-20 and 78.17-22 of this title.
    (b) The owner or operator must verify, using current vessel 
measurements, that the vessel complies with the stability requirements 
of subchapter S of this chapter--
    (1) Not more than ten years after the most recent verification 
required by this paragraph or issuance of stability information 
required by Sec.  170.120 of this title; and,
    (2) Following any modification or alteration that may affect the 
validity of the stability information required by Sec.  170.120 of this 
title.
    (c) For the purposes of paragraph (b) of this section--
    (1) Calculations necessary for the verification must satisfy the 
requirements of Sec.  170.090 of this title regardless of the contract 
date of the vessel;
    (2) The vessel measurements must include a deadweight survey to 
verify the lightweight displacement and longitudinal center of gravity 
used to show compliance with the requirements of Subchapter S of this 
chapter; and,
    (3) If the results of a deadweight survey show a deviation from the 
lightweight displacement exceeding 2 percent, or a deviation from the 
longitudinal center of gravity exceeding 1 percent of the length 
between perpendiculars (LBP) as defined in Sec.  170.055 of this title, 
then--
    (i) A stability test must be conducted in compliance with the 
requirements of subpart F of part 170 of this title, except that the 
test may not be dispensed with on the basis of approved results of a 
sister vessel; and
    (ii) The verification required by paragraph (b) of this section 
must use the newly determined lightweight displacement and centers of 
gravity.
    (d) The Commanding Officer, Marine Safety Center or the cognizant 
OCMI, whichever issued the vessel's stability information, may dispense 
with or authorize a change or deferral of the requirements of paragraph 
(b) of this section when the vessel's stability can be adequately 
assessed by alternate means.


Sec.  71.50-1  [Amended]

    3. In Sec.  71.50-1, add at the end of the definition of ``Drydock 
examination'' the words ``, including verification of the accuracy of 
draft marks''.
    4. Revise the heading to subpart 71.75 to read as follows:

Subpart 71.75--Certificates Under the International Convention for 
Safety of Life at Sea, 1974


Sec.  71.75-1  [Amended]

    5. In Sec.  71.75-1(a), insert the words ``or certificated for'', 
after the word ``on''.


Sec.  71.75-5  [Amended]

    6. In Sec.  71.75-5--
    a. In paragraph (a), add the words ``or certificated for'', after 
the word ``on'' and, immediately before the word ``Passenger'', add the 
word ``SOLAS''.
    b. In paragraph (b), add the words ``or certificated for'', after 
the word ``on'' and, at the end of the paragraph, add ``in addition to 
the applicable requirements of SOLAS.''

PART 114--GENERAL PROVISIONS

    7. Revise the authority citation for part 114 to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; Sec.  114.900 also issued under 44 U.S.C. 
3507.
    8. Amend Sec.  114.400(b) by--
    a. Removing paragraph (3) from the definition of ``Length''; and,
    b. Adding a new definition for ``Variable load'' in alphabetical 
order to read as follows:


Sec.  114.400  Definition of terms used in this subchapter.

* * * * *
    Variable load means the weight of all items brought on board a 
vessel for which explicit account is not made in approved stability 
calculations, including but not limited to, personal effects, carry-on 
items, luggage, wheelchairs, and sporting equipment.
* * * * *

PART 115--INSPECTION AND CERTIFICATION

    9. Revise the authority citation for part 115 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

    10. In Sec.  115.110, revise paragraphs (d)(2) and (d)(3), and add 
new paragraph (d)(4) to read as follows:


Sec.  115.110  Routes permitted.

* * * * *
    (d) * * *
    (2) The performance capabilities of the vessel based on design, 
scantlings, stability, subdivision, propulsion, speed, operating modes, 
maneuverability, and other characteristics;
    (3) The suitability of the vessel for night-time operations; and,
    (4) The suitability of the vessel for all environmental conditions.
    11. Revise Sec.  115.112 to read as follows:


Sec.  115.112  Total persons permitted.

    The cognizant OCMI determines the total number of persons permitted 
to be carried on a vessel. In determining the total number of persons, 
the OCMI may consider: the total weight of passengers, crew, and 
variable loads; stability restrictions and subdivision requirements of 
the vessel; the vessel's route, general arrangement, means of escape, 
and lifesaving equipment; minimum manning requirements; and the maximum 
number of passengers permitted in accordance with Sec.  115.113.
    12. Add Sec.  115.505 to subpart E to read as follows:


Sec.  115.505  Stability verification.

    (a) At each annual inspection or subsequent inspection for 
certification, the owner or operator of each new and existing vessel 
must demonstrate--
    (1) That the stability information required under subpart D of part 
170 of this title has been re-examined and confirmed to be appropriate 
for the loading and service intended; and
    (2) The means by which the master complies with the requirements of 
Sec.  122.315 of this title.
    (b) The owner or operator of each new and existing vessel must 
verify, using

[[Page 49263]]

current vessel measurements and to the satisfaction of the OCMI, that 
the vessel complies with the stability requirements of subchapter S--
    (1) Not more than ten years after the most recent verification 
required by this paragraph or issuance of stability information 
required by Sec.  170.120 of this title; and,
    (2) Following any modification or alteration that may affect the 
validity of the stability information required by Sec.  170.120 of this 
title.
    (c) For the purposes of paragraph (b) of this section--
    (1) Calculations necessary for the verification must satisfy the 
requirements of Sec.  170.090 of this title regardless of the contract 
date of the vessel;
    (2) The vessel measurements must include a deadweight survey to 
verify the lightweight displacement and longitudinal center of gravity 
used to show compliance with the requirements of Subchapter S of this 
chapter; and
    (3) If the results of a deadweight survey show a deviation from the 
lightweight displacement exceeding 2 percent, or a deviation from the 
longitudinal center of gravity exceeding 1 percent of LBP as defined in 
Sec.  170.055 of this title, then--
    (i) A stability test must be conducted in compliance with the 
requirements of subpart F of part 170 of this title, except that the 
test may not be dispensed with on the basis of approved results of a 
sister vessel; and
    (ii) The verification required by paragraph (b) of this section 
must use the newly determined lightweight displacement and centers of 
gravity.
    (d) The Commanding Officer, Marine Safety Center or the cognizant 
OCMI, whichever issued the vessel's stability information, may dispense 
with or authorize a change or deferral of the requirements of paragraph 
(b) of this section when the vessel's stability can be adequately 
assessed by alternate means.
    13. In Sec.  115.610, add two sentences to the end of paragraph (a) 
to read as follows:


Sec.  115.610  Scope of drydock and internal structural examinations.

    (a) * * * The accuracy of draft or loading marks, if required by 
Sec.  122.602, must be verified. If the vessel's stability information 
includes any operating restrictions that refer to draft or loading 
marks, the draft or loading marks must be confirmed to correspond to 
that information.
* * * * *


Sec.  115.900  [Amended]

    14. Amend Sec.  115.900(a) as follows:
    a. Add the words ``is certificated for or'' after the word 
``which''; b. Remove the word ``an'' and, c. Remove the word ``voyage'' 
and add, in its place, the word ``voyages''.


Sec.  115.910  [Amended]

    15. Amend Sec.  115.910(a) as follows: a. Remove the word 
``issues'' in the second sentence and, add, in its place, the words 
``authorizes the cognizant OCMI to issue''; and b. In the last 
sentence, after the word ``will'', add the words ``authorize the 
cognizant OCMI to''.


Sec.  115.920  [Amended]

    16. In Sec.  115.920(d), after the word ``will'' in the first 
sentence, and after the word ``Commandant'' in the second sentence, add 
the words ``will authorize the cognizant OCMI to''.


Sec.  115.930  [Amended]

    17. In Sec.  115.930, in the last sentence, remove the words 
``Commandant will indicate the'' and, after the word ``equivalent'' add 
the words ``must be indicated''.

PART 122--OPERATIONS

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

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

    19. In Sec.  122.304, revise paragraph (a)(3) to read as follows:


Sec.  122.304  Navigation underway.

    (a) * * *
    (3) Prevailing and forecasted visibility and environmental 
conditions, including wind and waves;
* * * * *
    20. In Sec.  122.315, designate the existing paragraph as paragraph 
(a), and add paragraph (b) to read as follows:


Sec.  122.315  Verification of vessel compliance with applicable 
stability requirements.

    (a) * * *
    (b) In order to fulfill the requirements of paragraph (a) of this 
section and avoid overloading the vessel, the master must take into 
account the total weight of passengers, crew, and variable loads.


Sec.  122.602  [Amended]

    21. Amend Sec.  122.602 as follows:
    a. In paragraph (c), remove the words ``that complies with the 
stability requirements of Sec. Sec.  170.170, 170.173, 171.050, 
171.055, and 171.057 of this chapter or with Sec.  178.310 of this 
chapter''; b. Remove paragraph (b); and, c. Redesignate paragraphs (c) 
through (g) as paragraphs (b) through (f).

PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS

    22. The authority citation for part 170 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.

    23. In Sec.  170.001, revise paragraph(a) to read as follows:


Sec.  170.001  Applicability.

    (a) This subchapter applies to each vessel that is--
    (1) Contracted for on or after March 11, 1996, except where 
specifically stated otherwise; and,
    (2) Is inspected under another subchapter of this chapter, or is a 
foreign vessel that must comply with the requirements in subchapter O 
of this chapter, or is required by either subchapter C or subchapter E 
of this chapter to meet applicable requirements contained in this 
subchapter.
* * * * *
    24. Revise Sec.  170.015 to read as follows:


Sec.  170.015  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 this section, the Coast Guard must publish a 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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.htm1. It is also available for inspection at 
the Coast Guard, Office of Design Engineering Standards, Naval 
Architecture Division (CG-5212), 2100 Second Street SW., Washington, DC 
20593-0001, and is available from the sources listed below.
    (b) American Society for Testing and Materials (ASTM) 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM F 1196-00, Standard Specification for Sliding Watertight 
Door Assemblies, incorporation by reference approved for Sec.  170.270.
    (2) ASTM F 1197-00, Standard Specification for Sliding Watertight 
Door Control Systems, incorporation by reference approved for Sec.  
170.270.

[[Page 49264]]

    (c) Military Specification, Naval Publications and Forms Center, 
Code 1052, 5801 Tabor Avenue, Philadelphia, PA 19120.
    (1) MIL-P-21929B, Plastic Material, Cellular Polyurethane, Foam in 
Place, Rigid, 1970, incorporation by reference approved for Sec.  
170.245.
    (2) [Reserved]
    (d) International Maritime Organization (IMO), International 
Maritime Organization, Publications Section, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) International Convention for the Safety of Life at Sea (SOLAS), 
1974, and its Protocol of 1988: articles, annexes and certificates, as 
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference 
approved for Sec. Sec.  170.140, 170.248.
    (2) International Code on Intact Stability, 2008 (2008 IS Code), 
incorporation by reference approved for Sec.  170.165.
    25. Amend Sec.  170.055, by redesignating paragraphs (m) through 
(w) as paragraphs (o) through (y), redesignating paragraphs (e) through 
(l) as paragraphs (f) through (m), and adding new paragraphs (e) and 
(n) to read as follows:


Sec.  170.055  Definitions concerning a vessel.

* * * * *
    (e) Constructed means the date--
    (1) The vessel's keel was laid; or
    (2) Construction identifiable with the vessel began and assembly of 
that vessel commenced comprising of 50 metric tons or at least one 
percent of the estimated mass of all structural material, whichever is 
less.
* * * * *
    (n) Passenger fraction (W/[Delta]) is the ratio of the weight of 
the maximum number of permitted passengers and their personal effects 
to the overall displacement of the vessel in a given loading condition.
* * * * *


Sec.  170.070  [Amended]

    26. In Sec.  170.070(b) introductory text, add after the word 
``OCMI'' the words ``, or regulations by which the vessel is inspected 
require their application.''


Sec.  170.075  [Amended]

    27. In Sec.  170.075(a), remove the words ``or four copies for plan 
review being conducted by the American Bureau of Shipping (ABS)''.


Sec.  170.080  [Amended]

    28. In Sec.  170.080, remove the words ``or four copies for plan 
review being conducted by the ABS''.


Sec.  170.085  [Amended]

    29. In Sec.  170.085, remove the words ``or the ABS''
    30. Revise Sec.  170.090 by revising paragraph (a), and adding 
paragraphs (c), (d), (e) and (f) to read as follows:


Sec.  170.090  Calculations.

    (a) All calculations required by this subchapter must be submitted 
with the plans required by Sec.  170.075.
* * * * *
    (c) The assumed average weight per person for calculations showing 
compliance with the regulations of this subchapter must be 
representative of the passengers and crew aboard the vessel while 
engaged in the service intended. Unless the OCMI permits or requires 
the use of other values in writing, the average weight per person of 
passengers and crew should not be less than that computed by paragraph 
(e) of this section.
    (d) The formula in paragraph (e) of this section will be used to 
determine the assumed average weight per person. It requires the use of 
the most recent mean weights of males and of females aged 20 years, as 
determined by Centers for Disease Control and Prevention (CDC). CDC 
releases this data periodically through the National Center for Health 
Statistics (NCHS) in a report that lists the most recent mean body 
weight data for the population of the United States. This report can be 
found on CDC's Web site. The Coast Guard will publish the availability 
of this report each time it is updated by the CDC, and the assumed 
average weight per person, as determined by the formula in paragraph(e) 
of this section, in a Federal Register Notice, without further 
rulemaking procedures. The assumed average weight per person will 
become effective 60 days from publication of the notice.
    (e) The assumed average weight per person will be determined as 
follows: Add the mean weight of males aged 20 years and over to the 
mean weight of females aged 20 years and over, and divide the sum by 2. 
To this average mean weight, add 7.5 pounds of assumed clothing weight. 
The resulting sum, rounded to the nearest whole number in pounds, is 
the assumed average weight per person.
    (f) Calculations must account for the weight of all loads carried 
aboard the vessel.


Sec.  170.093  [Amended]

    31. In Sec.  170.093, remove the last sentence.


Sec.  170.100  [Amended]

    32. Amend Sec.  170.100 by removing paragraphs (c) and (d).
    33. Add Sec.  170.105(b)(5) to read as follows:


Sec.  170.105  Applicability.

* * * * *
    (b) * * *
    (5) A small passenger vessel inspected under subchapter T of this 
chapter if Sec.  178.210(c) of this title is applicable.


Sec.  170.110  [Amended]

    34. In Sec.  170.110(b), remove the words ``or the ABS''.


Sec.  170.120  [Amended]

    35. In Sec.  170.120(a), remove the words ``or the ABS''.


Sec.  170.135  [Removed]

    36. Remove Sec.  170.135.
    37. Add Sec.  170.140 to subpart D to read as follows:


Sec.  170.140  Operating information for a vessel constructed on or 
after 1 January 2009 and issued a SOLAS safety certificate.

    (a) This section applies to each vessel that is--
    (1) Constructed on or after January 1, 2009; and,
    (2) Issued either a SOLAS Passenger Ship Safety Certificate or a 
SOLAS Cargo Ship Safety Construction Certificate.
    (b) In addition to the information required in Sec.  170.110 of 
this part, the stability booklet of each vessel to which this section 
applies must contain the information required by applicable regulations 
of SOLAS chapter II-1 (incorporated by reference, see Sec.  170.015).
    (c) As used in SOLAS chapter II-1, Administration means the 
Commandant, U.S. Coast Guard.
    38. Revise the heading of Subpart E to read as follows:

Subpart E--Intact Stability Criteria

    39. In Sec.  170.160 revise paragraphs (a) and (c)(3) and add 
paragraph (d) to read as follows:


Sec.  170.160  Specific applicability.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, this subpart applies to each vessel.
* * * * *
    (c) * * *
    (3) A vessel that performs one of the simplified stability proof 
tests described in subpart C of part 178 of this title.
    (d) A vessel that complies with Sec.  170.165 of this title need 
not comply with Sec. Sec.  170.170 and 170.173 of this title.

[[Page 49265]]

    40. Add Sec.  170.165 to read as follows:


Sec.  170.165  International Code on Intact Stability.

    (a) Each vessel issued one or more of the certificates listed in 
paragraphs (a)(1) through (4) of this section, must comply with the 
Introduction and Part A of the International Code on Intact Stability, 
2008 (2008 IS Code):
    (1) International Load Line Certificate.
    (2) SOLAS Passenger Ship Safety Certificate.
    (3) SOLAS Cargo Ship Safety Construction Certificate.
    (4) High-Speed Craft Safety Certificate.
    (b) A vessel not subject to the requirements of paragraph (a) of 
this section is permitted to comply with the applicable criteria 
contained in the 2008 IS Code as an alternative to the requirements of 
Sec. Sec.  170.170 and 170.173 of this title.
    41. In Sec.  170.170, revise the section heading and paragraphs (a) 
and (b), and the second sentence of paragraph (d), and add paragraph 
(e) to read as follows:


Sec.  170.170  Weather criteria.

    (a)(1) Except as provided in paragraph (b) of this section, each 
vessel must be shown by design calculations in each condition of 
loading and operation to have a calculated angle of heel not greater 
than:
    (i) For a sailing vessel, 14 degrees or the angle of heel at which 
the deck edge is immersed, whichever is less; or,
    (ii) For a non-sailing vessel, 14 degrees or the angle of heel at 
which one-half the freeboard to the deck edge is immersed, whichever is 
less.
    (2) The calculated angle of heel is defined as the angle at which 
the righting arm curve intersects the wind heeling arm curve given by 
the following equation:

Heeling arm = P x A x H x cos(T)/[Delta]

Where--

P = 0.005 + (L/14,200) \2\ tons/f \2\ * * * for ocean service, Great 
Lakes winter service, or service on exposed waters.
P = 0.055 + (L/1309) \2\ metric tons/m \2\ * * * for ocean service, 
Great Lakes winter service, or service on exposed waters.
P = 0.0033 + (L/14,200) \2\ tons/ft \2\ * * * for Great Lakes summer 
service or service on partially protected waters.
P = 0.036 + (L/1309) \2\ metric tons/m \2\ * * * for Great Lakes 
summer service or service on partially protected waters.
P = 0.0025 + (L/14,200) \2\ tons/ft \2\ * * * for service on 
protected waters.
P = 0.028 + (L/1309) \2\ metric tons/m \2\ * * * for service on 
protected waters.
L = LBP in feet (meters).
A = Area in square feet (square meters) of the projected lateral 
surface of the portion of the vessel above the waterline (including 
the hull, superstructure, cargo, masts, area bounded by railings, 
canopies, or similar obstructions but not protruding objects such as 
antennas or running rigging).
H = the vertical distance in feet (meters) from the center of A to 
the center of the underwater lateral area or approximately to the 
one-half draft point.
T = angle of heel.
[Delta] = Displacement in long tons (metric tons).

    (b) If approved by the Coast Guard Marine Safety Center, a larger 
value of T may be used for a vessel with a discontinuous weather deck 
or abnormal sheer.
* * * * *
    (d) * * * On other types of vessels, the Coast Guard Marine Safety 
Center requires calculations in addition to those in paragraph (a) of 
this section. * * *
    (e) For the purposes of this subpart, a vessel's righting arm must 
be calculated considering the vessel is permitted to trim free until 
the trimming moment is zero.


Sec.  170.173  [Amended]

    42. In Sec.  170.173(a) introductory text, remove the words ``or 
the ABS''.


Sec.  170.175  [Amended]

    43. Amend Sec.  170.175 as follows:
    a. In paragraph (b) remove the words ``or ABS''; and,
    b. In paragraphs (c) and (d) remove the words ``or the ABS''.


Sec.  170.180  [Amended]

    44. In Sec.  170.180 introductory text, remove the words ``or ABS'' 
in both places where it appears.


Sec.  170.185  [Amended]

    45. In Sec.  170.185(b), remove the words ``or the ABS''.


Sec.  170.190  [Amended]

    46. In Sec.  170.190, remove the words ``or ABS''.


Sec.  170.235  [Amended]

    47. In Sec.  170.235(b), remove the words ``or the ABS''.
    48. In Sec.  170.248, revise paragraph (a) and add paragraph (d) to 
read as follows:


Sec.  170.248  Applicability.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, this subpart applies to vessels with watertight doors in 
bulkheads that have been made watertight to comply with the flooding or 
damage stability regulations in this subchapter.
* * * * *
    (d) Each vessel issued a SOLAS Passenger Ship Safety Certificate or 
a SOLAS Cargo Ship Safety Construction Certificate must comply with the 
applicable regulations of SOLAS chapter II-1 in addition to the 
requirements of this subpart (SOLAS chapter II-1, incorporated by 
reference, see Sec.  170.015).


Sec.  170.270  [Amended]

    49. In Sec.  170.270--
    a. Remove the term ``ASTM F 1196'' wherever it appears and, in its 
place, add the term ``ASTM F 1196-00'', and remove the term ``ASTM F 
1197'' wherever it appears and, in its place, add the term ``ASTM F 
1197-00''; and
    b. In paragraph (a)(3), remove the words ``(incorporated by 
reference, see Sec.  170.015)'' wherever they appear.

PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS

    50. The authority citation for part 171 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.

    51. In Sec.  171.001, revise paragraph (a), and add paragraphs (c) 
and (d) to read as follows:


Sec.  171.001  Applicability.

    (a) Except as provided in paragraph (d) of this section, this part 
applies to passenger vessels inspected under subchapter K or H of this 
chapter, or a passenger vessel the stability of which is questioned by 
the OCMI.
* * * * *
    (c) Specific sections of this part may also apply to a small 
passenger vessel inspected under subchapter T of this chapter. The 
specific sections are listed in subparts B and C of part 178 of this 
title and in subpart B of part 179 of this title.
    (d) A passenger vessel constructed on or after 1 January 2009 and 
issued a SOLAS Passenger Ship Safety Certificate must meet the 
applicable requirements of SOLAS chapter II-1 (incorporated by 
reference, see Sec.  171.012), instead of the requirements of this 
part. For the purposes of this section, the applicable requirements of 
SOLAS chapter II-1, are equivalent to the requirements of this part 
when applied to such vessels.
    52. Add new Sec.  171.012 to read as follows:


Sec.  171.012  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

[[Page 49266]]

other than that specified in this section, the Coast Guard must publish 
a 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 National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030 or go to http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.htm1. It is also available for 
inspection at the Coast Guard, Office of Design Engineering Standards, 
Naval Architecture Division (CG-5212), 2100 Second Street SW., 
Washington, DC 20593-0001, and is available from the sources listed 
below.
    (b) International Maritime Organization (IMO) International 
Maritime Organization, Publications Section, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) International Convention for the Safety of Life at Sea, 1974, 
and its Protocol of 1988: articles, annexes and certificates, as 
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference 
approved for Sec. Sec.  171.001, 171.080.
    (2) International Code on Intact Stability, 2008 (2008 IS Code), 
incorporation by reference approved for Sec.  171.050.
    53. Add the heading of subpart B to read as follows:

Subpart B--Intact Stability

Subpart C--Heading [Removed]

    54. Remove the heading for subpart C and transfer Sec. Sec.  
171.045, 171.050, 171.055, and 171.057 to subpart B.
    55. Revise Sec.  171.045 to read as follows:


Sec.  171.045  Weight of passengers and crew.

    (a) This section applies to each vessel, regardless of when 
constructed.
    (b) Compliance with the intact stability requirements applicable to 
each vessel, using a total weight of passengers and crew carried, is 
based upon an assumed average weight per person determined in 
accordance with paragraph (c) of Sec.  170.090 of this title.
    56. Revise Sec.  171.050 to read as follows:


Sec.  171.050  Passenger heel requirements for a mechanically propelled 
or a nonself-propelled vessel.

    (a) Except as provided in paragraph (c) of this section, each 
vessel must be shown by design calculations in each condition of 
loading and operation to have a calculated angle of heel not greater 
than 14 degrees or the angle of heel at which the deck edge is first 
submerged, whichever is less. In any condition of loading, the 
calculated angle of heel is defined as the angle at which the righting 
arm curve intersects the heeling arm curve given by the following 
equation:

Heeling arm = (W/[Delta])(2/3)(b)(cos(T))

Where:

W/[Delta] = passenger fraction
W = total weight in long (metric) tons of persons other than 
required crew, including personal effects expected to be carried on 
the vessel
[Delta] = displacement of the vessel in long (metric) tons
b = distance in feet (meters) from the centerline of the vessel to 
the geometric center of the passenger deck to one side of the 
centerline
T = angle of heel

    (b) For the purpose of this section, a vessel's righting arm must 
be calculated considering the vessel is permitted to trim free until 
the trimming moment is zero.
    (c) A vessel that complies with the requirements for passenger 
ships contained in the International Code on Intact Stability, 2008 
(2008 IS Code) (incorporated by reference; see Sec.  171.012) need not 
comply with paragraph (a) of this section. Vessels complying with the 
2008 IS Code must use the assumed average weight per person given 
according to Sec.  170.090 to be exempt from paragraph (a) of this 
section.
    57. Add new Sec.  171.052 to read as follows:


Sec.  171.052  Passenger distribution requirements for vessels of 
unusual proportion and form.

    (a) Vessels to which Sec.  170.173 of this title applies must also 
comply with the requirements of paragraph (b) of this section.
    (b) For a vessel with a passenger fraction greater than 15 percent, 
and with passengers distributed in the accommodation area to produce 
the most unfavorable combination of passenger heeling moment and/or 
initial metacentric height, the area under each righting arm curve from 
the angle of equilibrium to an angle of 40 degrees, the downflooding 
angle, or the angle of the maximum righting arm, whichever is less, 
must not be less than:
    (1) For exposed and partially protected routes--
    (i) 10 foot-degrees with 5 square feet per person (2.15 persons per 
square meter) assumed in the areas accessible to passengers; and
    (ii) 7 foot-degrees with 2 square feet per person (5.38 persons per 
square meter) assumed in the areas accessible to passengers; and
    (2) For protected routes--
    (i) 5 foot-degrees with 5 square feet per person (2.15 persons per 
square meter) assumed in the areas accessible to passengers; and
    (ii) 2 foot-degrees with 2 square feet per person (5.38 persons per 
square meter) assumed in the areas accessible to passengers.
    58. Add a heading for subpart C, above Sec.  171.060, to read as 
follows:

Subpart C--Subdivision and Damage Stability


Sec.  171.060  [Amended]

    59. In Sec.  171.060(a), remove the words ``or Sec.  171.075 for 
Type III subdivision''.


Sec.  171.065  [Amended]

    60. In Sec.  171.065(b)(2), remove the second equation, ``Y = (M + 
2P) / (V + P1-P)'' and add, in its place, the equation ``Y = (M + 2P1) 
/ (V + P1-P)''.


Sec.  171.070  [Amended]

    61. In Sec.  171.070(e)(1) introductory text, add the words ``or 
the vessel makes international voyages,'' after the words ``If the LBP 
of the vessel is 143 feet (43.5 meters) or more,''.


Sec.  171.075  [Removed]

    62. Remove Sec.  171.075.


Sec.  171.080  [Amended]

    63. Amend Sec.  171.080 as follows:
    a. In Sec.  171.080 (f)(4)(i), remove ``w = passenger weight = 75 
kilograms,'' and add, in its place, ``w = passenger weight used for 
calculations complying with Sec.  170.090 of this title'';
    b. In Sec.  171.080(f)(4)(ii)(A), remove the words ``Each passenger 
weighs 75 kilograms'' and add, in their place, the words ``The weight 
of each passenger is taken at the weight used for calculations 
complying with Sec.  170.090 of this title''; and,
    c. In the heading to paragraph (g), after the word ``vessels'' add 
the words ``constructed before January 1 2009'', and, in paragraph (g) 
text, after the words ``regulation 8'' add the words ``in force on 
December 31, 2008 (incorporated by reference; see Sec.  171.012)''.


Sec.  171.082  [Removed]

    64. Remove Sec.  171.082.

PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES

    65. The authority citation for part 172 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p.

[[Page 49267]]

277; Department of Homeland Security Delegation No. 0170.1.

    66. Revise Sec.  172.020 to read as follows:


Sec.  172.020  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 this section, the Coast Guard must publish a 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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.htm1. It is also available for inspection at 
the Coast Guard, Office of Design Engineering Standards, Naval 
Architecture Division (CG-5212), 2100 Second Street, SW., Washington, 
DC 20593-0001, and is available from the sources listed below.
    (b) International Maritime Organization (IMO), International 
Maritime Organization, Publications Section, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) Amendment to Chapter VI of the International Convention for the 
Safety of Life at Sea, 1960, Resolution A.264(VIII), incorporation by 
reference approved for Sec.  172.015.
    (2) Publication No. 240-E, International Code for the Safe Carriage 
of Grain in Bulk, incorporation by reference approved for Sec.  
172.015.
    (3) Regulation 27, annex I of MARPOL 73/78, incorporation by 
reference approved for Sec.  172.070.
    67. Revise Sec.  172.070 to read as follows:


Sec.  172.070  Intact Stability.

    All tank vessels of 5,000 DWT and above, contracted after December 
3, 2001, must comply with the intact stability requirements of 
Regulation 27, annex I of MARPOL 73/78 (incorporated by reference; see 
Sec.  172.020).

PART 174--SPECIAL RULES PERTAINING TO SPECIAL VESSEL TYPES

    68. The authority citation for part 174 continues to read as 
follows:

    Authority: 42 U.S.C. 9118, 9119, 9153; 43 U.S.C. 1333; 46 U.S.C. 
3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

    69. Revise Sec.  174.007 to read as follows:


Sec.  174.007  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 this section, the Coast Guard must publish a 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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.htm1. It is also available for inspection at 
the Coast Guard, Office of Design Engineering Standards, Naval 
Architecture Division (CG-5212), 2100 Second Street SW., Washington, DC 
20593-0001, and is available from the sources listed below.
    (b) American Society for Testing and Materials (ASTM) 100 Barr 
Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM F 1196-00, Standard Specification for Sliding Watertight 
Door Assemblies, incorporation by reference approved for Sec.  174.100.
    (2) ASTM F 1197-00, Standard Specification for Sliding Watertight 
Door Control Systems, incorporation by reference approved for Sec.  
174.100.
    (c) International Maritime Organization (IMO), International 
Maritime Organization, Publications Section, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) International Convention for the Safety of Life at Sea (SOLAS), 
1974, and its Protocol of 1988: articles, annexes and certificates, as 
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference 
approved for Sec.  174.360.
    (2) [Reserved]


Sec.  174.100  [Amended]

    70. In Sec.  174.100--
    a. Remove the term ``ASTM F 1196'' wherever it appears and, in its 
place, add the term ``ASTM F 1196-00'', and remove the term ``ASTM F 
1197'' wherever it appears and, in its place, add the term ``ASTM F 
1197-00''; and
    b. In paragraph (e)(3), remove the words ``(incorporated by 
reference, see Sec.  174.007)'' wherever they appear.
    71. Revise Sec.  174.360 to read as follows:


Sec.  174.360  Calculations.

    Each ship to which this subpart applies must comply with the 
minimum standard of subdivision and damage stability applicable to that 
ship under SOLAS chapter II-1, (incorporated by reference; see Sec.  
174.007) part B-1. Compliance with the applicable requirements must be 
demonstrated by calculations and reflected in information on loading 
restrictions, such as a maximum height of the center of gravity (KG) or 
minimum metacentric height (GM) curve, that is part of the stability 
information required by Sec.  170.110 of this chapter.

PART 175--GENERAL PROVISIONS

    72. Revise the authority citation for part 175 to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206, 
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; Sec.  175.900 also issued under 44 U.S.C. 
3507.

    73. In Sec.  175.400, add new definitions for ``Total test weight'' 
and ``Variable load'' in alphabetical order to read as follows:


Sec.  175.400  Definition of terms used in this subchapter.

* * * * *
    Total test weight means the weight used to simulate heeling and 
trimming moments when a simplified stability test is performed in 
accordance with Sec.  178.330 or Sec.  178.340 of this title.
* * * * *
    Variable load means the weight of all items brought on board a 
vessel for which explicit account is not made in approved stability 
calculations, including but not limited to, personal effects, carry-on 
items, luggage, wheelchairs, and sporting equipment.
* * * * *

PART 176--INSPECTION AND CERTIFICATION

    74. Revise the authority citation for part 176 to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.

    75. In Sec.  176.110, revise paragraphs (d)(2) and (d)(3), and add 
paragraph (d)(4) to read as follows:

Sec.  176.110  Routes permitted.

* * * * *
    (d) * * *
    (2) The performance capabilities of the vessel based on design, 
scantlings, stability, subdivision, propulsion, speed, operating modes,

[[Page 49268]]

maneuverability, and other characteristics;
    (3) The suitability of the vessel for nighttime operations; and
    (4) The suitability of the vessel for all environmental conditions.
    76. Revise Sec.  176.112 to read as follows:


Sec.  176.112  Total persons permitted.

    The cognizant OCMI determines the total number of persons permitted 
to be carried on a vessel. In determining the total number of persons, 
the OCMI may consider: The total weight of passengers, crew, and 
variable loads; stability restrictions and subdivision requirements of 
the vessel; the vessel's route, general arrangement, means of escape, 
and lifesaving equipment; minimum manning requirements; and the maximum 
number of passengers permitted in accordance with Sec.  176.113 of this 
title.
    77. Add Sec.  176.505 to subpart E to read as follows:


Sec.  176.505  Stability verification.

    (a) At each annual inspection and subsequent inspection for 
certification, the owner or operator of each new and existing vessel 
must demonstrate--
    (1) That the stability information required under subpart B of part 
178 of this title has been re-examined and confirmed to be appropriate 
for the loading and service intended; and
    (2) The means by which the master complies with the requirements of 
Sec.  185.315 of this title must be demonstrated.
    (b) The owner or operator of each new or existing vessel must 
verify, using current vessel measurements, and to the satisfaction of 
the OCMI, that the vessel complies with the stability requirements of 
this subchapter--
    (1) Not more than ten years after the date of the most recent 
verification required by this paragraph or issuance of stability 
information required by Sec.  178.210 of this title; and,
    (2) Following any modification or alteration that may affect the 
validity of the stability information required by Sec.  178.210.
    (c) For the purposes of paragraph (b) of this section--
    (1) If Sec.  178.320 (e), (f), (g), or (h) of this title is 
applicable, the verification must include--
    (i) Measurements with the vessel in a condition that is the same as 
that used in or documented when the most recent simplified stability 
proof test specified in paragraph (a) of either Sec. Sec.  178.330 or 
178.340 was performed;
    (A) If Sec.  178.330 of this title is applicable, freeboard 
measurements; or
    (B) If Sec.  178.340 of this title is applicable, measurements of 
cross-sectional area;
    (ii) An assessment of the total test weight regardless of the 
contract date of the vessel according to Sec.  178.330(a)(4) of this 
title; and
    (iii) A validation that the vessel arrangement is substantially 
unchanged from the date when the most recent stability verification or 
simplified stability proof test was performed;
    (2) If Sec.  178.310(a) or Sec.  178.320(c) of this title is 
applicable--
    (i) Calculations necessary for the verification must satisfy the 
requirements of Sec.  170.090 of this title regardless of the contract 
date of the vessel;
    (ii) The vessel measurements must include a deadweight survey to 
verify the lightweight displacement and longitudinal center of gravity 
used to show compliance with the requirements of Subchapter S of this 
chapter; and,
    (iii) If the results of a deadweight survey show a deviation from 
the lightweight displacement exceeding 2 percent, or a deviation of the 
longitudinal center of gravity exceeding 1 percent of LBP as defined in 
Sec.  170.055 of this title, then--
    (A) A stability test must be conducted in compliance with the 
requirements of subpart F of part 170 of this title, except that the 
test may not be dispensed with on the basis of approved results of a 
sister vessel; and
    (B) The verification required by paragraph (b) of this section must 
use the newly determined lightweight displacement and centers of 
gravity.
    (3) If Sec.  178.310 (c) or Sec.  178.320 (d) of this title 
applies, the scope of the verification will be determined by the 
Commanding Officer, Marine Safety Center.
    (d) The Commanding Officer, Marine Safety Center or the cognizant 
OCMI, whichever issued the vessel's stability information, may dispense 
with or authorize a change or deferral of the requirements of paragraph 
(b) of this section when the vessel's stability can be adequately 
assessed by alternate means.


Sec.  176.610  [Amended]

    78. In Sec.  176.610, add two sentences to the end of paragraph (a) 
to read as follows:


Sec.  176.610  Scope of drydock and internal structural examinations.

    (a) * * * The accuracy of draft or loading marks, if required by 
Sec.  122.602, must be verified. If stability information includes any 
operating restrictions that refer to draft or loading marks, the draft 
or loading marks must be confirmed to correspond to that information.
* * * * *


Sec.  176.900  [Amended]

    79. Amend Sec.  176.900(a) as follows:
    a. Add the words ``is certificated for or'' after the word 
``which'';
    b. Remove the word ``an,'' and,
    c. Remove the word ``voyage'' and add, in its place, the word 
``voyages''.


Sec.  176.910  [Amended]

    80. Amend Sec.  176.910(a) as follows:
    a. Remove the word ``issues'' in the second sentence and, add, in 
its place, the words ``authorizes the cognizant OCMI to issue''; and
    b. In the last sentence, after the word ``will'', add the words 
``authorize the cognizant OCMI to''.


Sec.  176.920  [Amended]

    81. In Sec.  176.920(d), after the word ``will'' in the first 
sentence, and after the word ``Commandant'' in the second sentence, add 
the words ``will authorize the cognizant OCMI to''.


Sec.  176.930  [Amended]

    82. In Sec.  176.930, in the last sentence remove the words 
``Commandant will indicate the'' and, after the word ``equivalent'', 
add the words ``must be indicated''.

PART 178--INTACT STABILITY AND SEAWORTHINESS

    83. The authority citation for part 178 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  178.115  [Amended]

    84. In Sec.  178.115, at the beginning of the paragraph add the 
words ``Except where specifically stated otherwise,''.
    85. In Sec.  178.210, revise the first sentence of paragraphs (a) 
and (b), revise paragraph (c), and add paragraph (d) to read as 
follows:


Sec.  178.210  Stability information.

    (a) Stability information (stability details indicated on the 
Certificate of Inspection, a stability letter, or a stability booklet) 
is required on certain vessels by paragraphs (b), (c), or (d) of this 
section. * * *
    (b) A vessel which, under Sec.  178.310 of this title, complies 
with requirements in subchapter S of this chapter, must have stability 
details on the vessel's Certificate of Inspection, a stability letter 
issued by the cognizant Officer in Charge, Marine Inspection (OCMI) or 
the Commanding Officer, Marine Safety

[[Page 49269]]

Center, or an approved stability booklet. * * *
    (c) When necessary for safe operation, the cognizant OCMI may place 
specific stability restrictions in a stability letter or on the 
Certificate of Inspection of a vessel not more than 65 feet (19.8 
meters) in length, which, under Sec.  178.310 of this title, complies 
with the requirements of Sec.  178.320 of this title.
    (d) A vessel that complies with Sec.  178.320(b), and undergoes a 
stability test in accordance with Sec.  178.340, must have a stability 
letter issued by the Commanding Officer, Marine Safety Center.
    86. Add new Sec.  178.215 to read as follows:


Sec.  178.215  Weight of passengers and crew.

    (a) This section applies to each vessel, regardless of when 
constructed, for which stability information is based on the results of 
a simplified stability proof test.
    (b) Except as provided in paragraph (c) of this section, and if not 
provided in the stability information required, the owner of each 
vessel must provide the master with the total test weight used in the 
simplified stability proof test and the number of passengers and crew 
included in the total test weight. Owners and masters must use a total 
weight of passengers and crew carried that is based upon an assumed 
average weight per person determined in accordance with paragraph (c) 
of Sec.  178.330(a)(4) of this title.
    (c) The information specified in paragraph (b) of this section need 
not be provided if the owner attests that the vessel complies with 
applicable intact stability requirements when carrying the number of 
passengers and crew permitted by the Certificate of Inspection with an 
assumed average weight per person in accordance with Sec.  
178.330(a)(4) of this title.
    87. In Sec.  178.230, revise paragraphs (b) introductory text and 
(b)(1), and add paragraph (c) to read as follows:


Sec.  178.230  Stability letter or Certificate of Inspection stability 
details.

* * * * *
    (b) If Sec.  178.210(c) applies, the following information, and the 
necessary calculations used to determine that information, must be 
submitted in accordance with paragraph (a) of this section:
    (1) Allowable weight and number of passengers and crew on each 
deck;
* * * * *
    (c) If Sec.  178.210(b) applies, the applicable information 
described in subpart C of part 170 of this title, and the calculations 
used to determine that information, must be submitted in addition to 
the applicable information listed in paragraph (b) of this section.
    88. Revise Sec.  178.310 to read as follows:


Sec.  178.310  Applicability based on vessel characteristics and 
passenger capacity.

    (a) Each vessel that is greater than 65 feet (19.8 meters) in 
length, carries more than 12 passengers on an international voyage, or 
has more than one deck above the bulkhead deck excluding the pilot 
house must meet applicable intact stability requirements in each 
condition of loading and operation. These requirements are contained 
in:
    (1) Part 170 of this chapter, except subparts G and H; and,
    (2) Part 171 of this chapter, subparts A and B.
    (b) Each vessel must meet the requirements of Sec.  178.320 of this 
title if the vessel:
    (1) Is 65 feet (19.8 meters) in length or less;
    (2) Carries not more than 12 passengers on an international voyage; 
and
    (3) Does not have more than one deck above the bulkhead deck or, 
for a vessel without a bulkhead deck, does not have more than one deck 
above the deck from which freeboard is measured excluding a pilot 
house.
    (c) In lieu of the requirements in paragraph (a) of this section, a 
vessel may meet another stability standard approved by the Commanding 
Officer, Marine Safety Center.
    (d) The requirements of this section and Sec. Sec.  178.320 and 
178.325 are graphically represented in Figure 178.310.
BILLING CODE 4910-15-P

[[Page 49270]]

[GRAPHIC] [TIFF OMITTED] TP20AU08.002

BILLING CODE 4910-15-C

[[Page 49271]]

    89. Revise Sec.  178.320 to read as follows:


Sec.  178.320  Intact stability requirements.

    (a) A simplified stability proof test in accordance with Sec.  
178.330 or Sec.  178.340, as appropriate, is conducted to determine if 
a vessel, as built and operated, has a minimum level of initial 
stability. Failing the simplified test does not necessarily mean that 
the vessel lacks stability for the intended route, service, and 
operating condition, but that calculations or other methods must be 
used to evaluate the stability of the vessel.
    (b) Except as provided by paragraph (i) of this section, each 
vessel must comply with paragraph (c), (d), (e), (f), (g), or (h) of 
this section. The cognizant OCMI may require the vessel to meet the 
requirements of paragraph (c) of this section.
    (c) A vessel, in each condition of loading and operation, may meet 
the applicable intact stability requirements of--
    (1) Part 170 of this chapter, except subparts G and H; and,
    (2) Part 171 of this chapter, subparts A and B.
    (d) In lieu of the requirements in paragraph (a) of this section, a 
vessel may meet another stability standard approved by the Commanding 
Officer, Marine Safety Center.
    (e) A non-sailing monohull vessel may undergo a simplified 
stability proof test in accordance with Sec.  178.330 of this title in 
the presence of a Coast Guard marine inspector if the vessel does not 
have tumblehome at the deck, measured amidships, that exceeds two 
percent of the beam.
    (f) A non-sailing, flush deck catamaran carrying not more than 49 
passengers may undergo a simplified stability proof test in the 
presence of a Coast Guard marine inspector, in accordance with Sec.  
178.330 of this title, if the vessel does not have tumblehome at the 
deck, measured amidships, that exceeds two percent of the beam, and the 
vessel is not a pontoon vessel.
    (g) A self-propelled multihull vessel may undergo a pontoon 
simplified stability proof test in the presence of a Coast Guard marine 
inspector, in accordance with Sec.  178.340 of this title, if the 
vessel satisfies the requirements listed in paragraphs (g)(1) through 
(9) of this section:
    (1) The vessel carries not more than 49 passengers and does not 
make international voyages;
    (2) The vessel is constructed with only one deck;
    (3) The buoyant hull volume consists of two symmetric, fully 
enclosed hulls;
    (4) The cross section of each hull is circular or of wall-sided 
construction without tumblehome, and constant for at least 90 percent 
of the length of the hull;
    (5) The hulls contain no machinery or tanks;
    (6) The portion of the deck accessible to passengers does not 
extend beyond--
    (i) The outboard edge of the hulls, and,
    (ii) The forward or the aft end of the hulls;
    (7) There is no deck more than 6 inches (0.15 meters) above any 
point on any of the buoyant hulls;
    (8) The distance between the centerlines of the hulls is not less 
than 6 feet (1.83 meters); and,
    (9) Each hull has a beam or diameter, as applicable, of not less 
than 2 feet (0.61 meters).
    (h) A monohull sailing vessel may meet the requirements of Sec.  
178.325 of this title if it satisfies the following seven requirements:
    (1) The vessel does not operate on exposed waters;
    (2) The vessel only operates during the daylight hours;
    (3) The vessel is of the usual type, rig, and hull form, excluding 
vessels without a weathertight deck, such as open boats;
    (4) The vessel carries not more than 49 passengers and does not 
make international voyages;
    (5) The vessel is not a sailing school vessel that carries a 
combined total of six or more sailing school students or instructors;
    (6) The minimum downflooding angle is greater than 60 degrees; and,
    (7) The vessel does not have a cockpit greater than 20 percent of 
the Length Over Deck.
    (i) For a vessel that carries not more than 49 passengers and 
carries no deck cargo, the cognizant OCMI may:
    (1) Dispense with the requirements of the simplified stability 
proof test in Sec.  178.330, when the vessel's stability can be 
adequately assessed by alternate means, which include, but are not 
limited to, the form, arrangement, construction, number of decks, 
route, and operating restrictions of the vessel;
    (2) Authorize a change in the requirements of the simplified 
stability proof test in Sec.  178.330, when necessary to adequately 
assess the vessel's stability; or
    (3) In lieu of conducting a simplified stability proof test, 
perform operational tests to determine whether the vessel has adequate 
stability and satisfactory handling characteristics for protected 
waters and/or partially protected waters.
    (j) The requirements of this section and Sec. Sec.  178.310 and 
178.325 are graphically represented in Table 178.320.

                               Table 178.320--Applicable Intact Stability Criteria
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
This table summarizes the criteria applicable to a vessel described in Sec.   178.310 (b). These criteria are:
1. Vessel length less than or equal to 65 feet;
2. Not more than 12 passengers carried on an international voyage;
3. Not more than 150 passengers carried on a domestic voyage; and
4. Vessel does not have more than one deck above the bulkhead deck, excluding a pilot house.
A vessel for which a simplified stability proof test is not appropriate must meet criteria contained in 46 CFR
 Subchapter S or a standard approved by the MSC, unless Sec.   178.320 (i) is applicable.
----------------------------------------------------------------------------------------------------------------
Propulsion type.........................                    Non-sailing
                                                  Sailing
----------------------------------------------------------------------------------------------------------------
Number of hulls.........................             1
                                                     2                    1           2
                                         -----------------------------------------------------------------------
Number of Passengers....................        >49        <=49         >49        <=49        <=49   ..........
Applicable Proof Test:
    Sec.   178.330......................          X           X                  Note 1           X
    Sec.   178.340 (PSST)...............                                         Note 1   ..........  ..........
MSC approved standard:
    Sec.   178.310 (c)..................          X           X           X           X           X           X
OCMI determined standard or dispenses                    Note 2                  Note 2      Note 2   ..........
 with proof test........................
46 CFR Subchapter S criteria:

[[Page 49272]]


    Part 170, subpart C ``Plan                    X           X           X           X           X           X
     Approval''.........................
Part 170, subpart E ``Intact
 Stability'':
    Sec.   170.170 ``Weather criteria''.          X           X           X           X           X           X
    Sec.   170.173 ``Criterion for                X           X           X           X           X           X
     vessels of unusual proportion and
     form''.............................
    Part 170, subpart F ``Determination           X           X           X           X           X           X
     of Lightweight Displacement and
     Centers of Gravity''...............
Part 171, subpart B ``Intact Stability:
    Sec.   171.050 (passenger heel).....          X           X           X           X
    Sec.   171.052 (passenger                     X           X           X           X           X           X
     distribution)......................
    Sec.   171.055 (monohull sailing)...                                                          X
    Sec.   171.057 (sailing catamaran)..                                                          X           X
----------------------------------------------------------------------------------------------------------------
Note 1: See Sec.   178.320 (f) and Sec.   178.320 (g).
Note 2: See Sec.   178.320 (i).

    90. Revise Sec.  178.325 to read as follows:


Sec.  178.325  Intact stability requirements for a monohull sailing 
vessel.

    (a) A monohull sailing vessel may undergo a simplified stability 
proof test in accordance with Sec.  178.330 of this title in the 
presence of a Coast Guard marine inspector.
    (b) A sailing vessel that operates on partially protected waters 
must be equipped with a self-bailing cockpit.
    (c) The Commanding Officer, Marine Safety Center may prescribe 
additional or different stability requirements for a broad, shallow 
draft vessel with little or no ballast outside the hull.
    91. In Sec.  178.330, revise paragraphs (a), (b), and (d)(6), and 
add paragraph (d)(7), to read as follows:


Sec.  178.330  Simplified stability proof test (SST).

    (a) A vessel must be in the condition specified in this paragraph 
when a simplified stability proof test is performed.
    (1) The construction of the vessel is complete in all respects.
    (2) Ballast, if necessary, is in compliance with Sec.  178.510 and 
is on board and in place.
    (3) Each fuel and water tank is approximately three-quarters full.
    (4) A weight equal to the total weight of all passengers, crew, and 
variable loads permitted on the vessel is on board and distributed so 
as to provide normal operating trim and to simulate the vertical center 
of gravity, causing the least stable condition that is likely to occur 
in service. The assumed average weight per person of passengers and 
crew must be representative of the passengers and crew on board the 
vessel while engaged in the service intended. Unless the cognizant OCMI 
permits or requires the use of other values in writing, weight and 
vertical center of gravity are to be assumed as follows:
    (i) The weight of primary lifesaving equipment should be simulated 
at its normal location, if not on board at the time of the test.
    (ii) The assumed average weight per person is determined as 
provided by Sec.  170.090 of this title.
    (iii) The weight and associated vertical center of gravity of 
variable loads must be included as appropriate for the service intended 
and documented in the stability information required by subpart B of 
this part.
    (iv) The vertical center for the total test weight must be at least 
30 inches (760 millimeters) above the deck for seated passengers, and 
at least 39 inches (1.0 meter) above the deck for standing passengers.
    (v) If the vessel carries passengers on diving excursions, the 
total weight of diving gear must be included in the loaded condition 
and placed in its stowed position. Not less than 80 pounds (36.3 
kilograms) should be assumed for each person for which diving gear is 
provided.
    (vi) On vessels having one upper deck above the main deck available 
to passengers, the weight distribution must not be less severe than the 
following:

Total Test Weight (W) = ----
Passenger Capacity of Upper Deck: ----
Weight on Upper Deck = (Number of Passengers on Upper Deck) x (Wt per 
Passenger) x 1.33
Weight on Main Deck = Total Test Weight - Weight on Upper Deck

    (5) All non-return closures on cockpit scuppers or on weather deck 
drains must be kept open during the test.
    (b) A vessel must not exceed the limitations in paragraph (d) of 
this section, when subjected to the greater of the following heeling 
moments:

Mp = (W) (Bp)/6; or,
Mw = (P) (A) (H)

Where:

Mp = passenger heeling moment in foot-pounds (kilogram-
meters);
W = the total weight of persons other than required crew, plus the 
personal effects of those persons expected to be carried while 
aboard the vessel (total test weight) in pounds (meters);
Bp = the maximum transverse distance in feet (meters) of 
a deck that is accessible to passengers;
A = Area, in square feet (square meters), of the projected lateral 
surface of the vessel above the waterline (including the hull, 
superstructure, cargo, masts, area bounded by railings and canopies, 
but not protruding fixed objects such as antennas or running 
rigging).
* * * * *
    (d) * * *
    (6) On a non-sailing flush deck catamaran that is propelled by 
mechanical means, not more than one-third of the freeboard or one-third 
of the draft, whichever is less, may be immersed.
    (7) In no case may the angle of heel exceed 14 degrees.
* * * * *
    92. Revise Sec.  178.340 to read as follows:


Sec.  178.340  Pontoon Simplified Stability Proof Test (PSST).

    (a) A multihull pontoon vessel meeting the applicability 
requirements of Sec.  178.330(b) and (e) must be in the condition 
described in Sec.  178.330(a) of this part when the simplified 
stability test is performed, except that fuel and water tanks should be 
filled to 100% capacity. Any sewage tanks should be empty or full. If 
sewage tanks are empty, the weight of full sewage tanks should be 
simulated by use of additional stationary weight.
    (b) A multihull pontoon vessel must not exceed the limitations in 
paragraph (c) of this section when subjected to the greater of the 
following heeling moments:

Mpc = (W) (Bp-K)/2; or,
Mw = (P) (A) (H)

Where:

Mpc = passenger and crew heeling moment in foot-pounds 
(kilogram-meters);
W = the total weight of persons aboard (total test weight) in pounds 
(kilograms);
Bp = the maximum transverse distance of the deck 
accessible to passengers in feet (meters);
K = 2.0 feet (0.61 meters);

[[Page 49273]]

Mw = Wind heeling moment in foot-pounds (kilogram-meters)
P = Wind pressure of 7.5 pounds/square foot (36.6 kilograms/square 
meter);
A = Area, in square feet (square meters), of the projected lateral 
surface of the vessel above the waterline (including the hull, 
superstructure, cargo, masts, area bounded by railings and canopies, 
but not protruding fixed objects such as antennas or running 
rigging); and
H = Height, in feet (meters), of the center of area (A) above the 
waterline, measured up from the waterline.

    (c) With the appropriate heeling moment applied to the most 
adversely affected side of the vessel, the remaining exposed cross 
sectional area of the hull, without consideration of the cross-
structure area on that side, must be equal or greater than--
    (1) The cross sectional area submerged due to the load shift (for 
an example, see Figure 178.340(d)(1)); and,
    (2) One-quarter of the cross-sectional area on one hull.
    [GRAPHIC] [TIFF OMITTED] TP20AU08.003
    
    (d) A multihull vessel must also be tested to determine whether 
trimming moments will submerge the bow or stern of the buoyant hull. 
The top of any buoyant hull must not be submerged at any location, as 
indicated in Figure 178.340(d)(2), with the total test weight (W) 
located on the centerline and positioned as far forward or aft on the 
deck as practicable, whichever position results in the least freeboard.

[[Page 49274]]

[GRAPHIC] [TIFF OMITTED] TP20AU08.004

PART 179--SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY

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

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.

    94. Add new Sec.  179.15 to subpart A to read as follows:


Sec.  179.15  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 this section, the Coast Guard must publish a 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 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.htm1. It is also available for inspection at 
the Coast Guard, Office of Design Engineering Standards, Naval 
Architecture Division (CG-5212), 2100 Second Street, SW., Washington, 
DC 20593-0001, and is available from the sources listed in paragraph 
(b) of this section.
    (b) International Maritime Organization (IMO), International 
Maritime Organization, Publications Section, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    (1) International Convention for the Safety of Life at Sea (SOLAS), 
1974, and its Protocol of 1988: articles, annexes and certificates, as 
amended, chapter II-1 (SOLAS chapter II-1), incorporation by reference 
approved for Sec.  179.212.
    (2) [Reserved]
    95. Revise Sec.  179.212 to read as follows:


Sec.  179.212  Watertight bulkheads for subdivision.

    (a) Each passenger vessel of not greater than 65 feet (19.8 meters) 
in length must comply with paragraph (b) of this section if it:
    (1) Carries more than 49 passengers; or,
    (2) Is constructed of wood on or after March 11, 2001, and operates 
in cold water.
    (b) Except as provided in paragraph (d) of this section, each 
passenger vessel to which paragraph (a) of this section applies must 
comply with:
    (1) The Type II subdivision requirements of Sec. Sec.  171.070 
through 171.073 in subchapter S of this chapter, if the vessel complies 
with either of the following:
    (i) Applicable intact stability requirements contained in 
subchapter S of this title; or,
    (ii) Another stability standard determined by the Commanding 
Officer, Marine Safety Center; or,
    (2) Section 179.220 of this part, if the vessel undergoes a 
simplified stability proof test in accordance with Sec.  178.330 of 
this title.
    (c) Except as provided in paragraph (d) of this section, each 
passenger vessel of greater than 65 feet (19.8 meters) in length, or a 
vessel constructed before 1 January 2009 that is certificated to carry 
more than 12 passengers on an international voyage, must comply with 
the Type II subdivision requirements of Sec. Sec.  171.070 through 
171.073 in subchapter S of this chapter.
    (d) Each passenger vessel constructed on or after January 1, 2009, 
and issued a SOLAS Passenger Ship Safety Certificate, must meet the 
applicable requirements of SOLAS chapter II-1 (incorporated by 
reference; see Sec.  179.15) instead of the requirements of paragraph 
(b) or (c) of this section. For the purposes of this section, the 
applicable requirements of SOLAS chapter II-1 are equivalent to the 
requirements of paragraph (b) or (c) of this section.

[[Page 49275]]

    96. In Sec.  179.220--
    a. In table 179.220(a) and in note 1 to table 179.220(a), remove 
the term ``d'' wherever it occurs and, in its place, add the term 
``x''; and,
    b. Add paragraph (c) to read as follows:


Sec.  179.220  Location of watertight bulkheads for subdivision.

* * * * *
    (c) Calculations needed to demonstrate compliance with paragraphs 
(a) and (b) of this section must be submitted to, and approved by, the 
Commanding Officer, Marine Safety Center.

PART 185--OPERATIONS

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

    Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1.

    98. In Sec.  185.304, revise paragraph (a)(3) and add paragraph (b) 
to read as follows:


Sec.  185.304  Navigation underway.

    (a) * * *
    (3) Prevailing and forecasted visibility and environmental 
conditions, including wind and waves;
* * * * *
    (b) Masters of vessels not greater than 65 feet (19.8 meters) in 
length must have means available, satisfactory to the OCMI, to obtain 
or monitor the latest marine broadcast in order to comply with the 
requirements of paragraph (a) of this section.
    99. In Sec.  185.315, designate the existing paragraph as paragraph 
(a) and add paragraph (b) to read as follows:


Sec.  185.315  Verification of vessel compliance with applicable 
stability requirements.

    (a) * * *
    (b) In order to fulfill the requirements of paragraph (a) of this 
section and avoid overloading the vessel, the master must take into 
account the total weight of passengers, crew, and variable loads.


Sec.  185.602  [Amended]

    100. Amend Sec.  185.602 as follows:
    a. In paragraph (b) introductory text, remove the words ``that fits 
into any one of the following categories:'' and add, in their place, 
the words ``to which Sec.  178.310(a)(2) of this title applies.'';
    b. Remove paragraphs (b)(1) through (b)(3); and
    c. In paragraph (c), remove the words ``that complies with the 
stability requirements of Sec. Sec.  170.170, 170.173, 171.050, 
171.055, and 171.057 of this chapter or in accordance with Sec.  
178.310 of this chapter,''.

    Dated: August 4, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard Assistant Comandant for Marine Safety, 
Security and Stewardship.
 [FR Doc. E8-18791 Filed 8-19-08; 8:45 am]

BILLING CODE 4910-15-P
