
[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices]               
[Page 22150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-74]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0281]

 
Certificate of Alternative Compliance for the Ferry Boat 
CHARLEVOIX

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: The Coast Guard announces that a Certificate of Alternative 
Compliance was issued for the ferry boat CHARLEVOIX as required by 33 
U.S.C. 1605(c) and 33 CFR 81.18.

DATES: The Certificate of Alternative Compliance was issued on April 2, 
2010.

ADDRESSES: The docket for this notice is available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2010-0281 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call LCDR Wm. Erik Pickering, District Nine, Prevention Branch, U.S. 
Coast Guard, telephone 216-902-6050. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    A Certificate of Alternative Compliance, as allowed under Title 33 
of the Code of Federal Regulations, Parts 81 and 89, has been issued 
for the ferry boat CHARLEVOIX. Full compliance with 72 COLREGS and the 
Inland Rules Act would hinder the vessel's ability to operate as 
designed. Because of the design of the ferry boat CHARLEVOIX, operation 
of its whistle at the level required in Rule 34 (g) of 72 COLREGS and 
the Inland Rules Act (33 USC 2001 et. seq.) would subject passengers 
and crew to dangerous and unacceptable decibel levels. The National 
Institute for Occupational Safety and Health states that exposure to 
sounds over 85 decibels for periods greater than eight hours will cause 
permanent hearing damage. The crew on the ferry boat CHARLEVOIX works 
eight hour shifts. Thus, if the ferry boat CHARLEVOIX were to comply 
with Rule 34 (g) its crew would potentially suffer permanent hearing 
loss.
    The Commandant, U.S. Coast Guard, certifies that full compliance 
with the Inland Rules Act would interfere with the normal functions/
intent of the vessel and would not significantly enhance the safety of 
the vessel's operation. Requiring the vessel to sound a prolonged 
whistle/horn blast at the required decibel level prior to each 
departure (approximately every 5.3 minutes, in a 16 hour period/7 days 
per week operation) would subject the crew and passengers to 
unacceptable decibel levels, and not improve overall vessel safety.
    The Certificate of Alternative Compliance allows for the reducing 
of the intensity of the required sound signal to 85 decibel when 
leaving the dock/berth during normal operations provided the following 
conditions are met: A secondary whistle must be installed that meets 
the requirements of Rule 34 (g) and be used when operating in 
restricted visibility as per Rule 35 or to reduce the risk of collision 
as per Rule 34 (d).
    This notice is issued under authority of 33 U.S.C. 1605(c), and 33 
CFR 81.18.

    Dated: April 2, 2010.
L.W. Thomas,
Captain, U.S. Coast Guard, Chief, Inspections and Investigations 
Branch, By Direction of the Commander, Ninth Coast Guard District.
[FR Doc. 2010-9682 Filed 4-26-10; 8:45 am]
BILLING CODE 9110-04-P

