Rule2021-27549
Fire Safety of Small Passenger Vessels
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2021
Effective
March 28, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is issuing an interim rule as the first step to implementing the statutorily mandated requirements for fire safety on certain covered small passenger vessels. This statutory mandate is in response to the fire and loss of life on the dive boat CONCEPTION off the coast of California on September 2, 2019. This interim rule adds additional fire safety requirements for small passenger vessels, including fire detection and suppression systems, avenues of escape, egress drills, crew firefighting training, watchmen monitoring devices, and the handling of flammable items such as rechargeable batteries.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73160-73173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27549]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 114, 116, 118, 122, 175, 177, 181, and 185
[Docket No. USCG-2021-0306]
RIN 1625-AC69
Fire Safety of Small Passenger Vessels
AGENCY: Coast Guard, DHS.
ACTION: Interim rule.
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SUMMARY: The Coast Guard is issuing an interim rule as the first step
to
[[Page 73161]]
implementing the statutorily mandated requirements for fire safety on
certain covered small passenger vessels. This statutory mandate is in
response to the fire and loss of life on the dive boat CONCEPTION off
the coast of California on September 2, 2019. This interim rule adds
additional fire safety requirements for small passenger vessels,
including fire detection and suppression systems, avenues of escape,
egress drills, crew firefighting training, watchmen monitoring devices,
and the handling of flammable items such as rechargeable batteries.
DATES: This interim rule is effective March 28, 2022, except for
amendatory instruction numbers 13, 14, 29, and 31 adding of Sec.
122.507(b), amending 122.515, adding 185.507(b), and adding 185.515(a),
respectively, which are delayed indefinitely. The Coast Guard will
publish a document in the Federal Register announcing the effective
date of those additions. Comments and related material must be received
by the Coast Guard on or before June 27, 2022. Comments on the
collection of information must be received by the Coast Guard on or
before January 26, 2022. The incorporation by reference of the material
in Sec. 181.450 was approved by the Director of the Federal Register
as of March 11, 1996.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0306 using the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. To view documents mentioned in
this interim rule as being available in the docket, search the docket
number USCG-2021-0306 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Lieutenant Carmine Faul, Coast Guard; telephone 202-475-
1357, email <a href="/cdn-cgi/l/email-protection#aecdcfdcc3c7c0cb80cf80c8cfdbc2eedbddcdc980c3c7c2"><span class="__cf_email__" data-cfemail="e18280938c888f84cf80cf8780948da194928286cf8c888d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose
III. Background and Regulatory History
IV. Discussion of the Rule
V. Regulatory Analyses
A. Assistance for Small Entities
B. Collection of Information
C. Federalism
D. Unfunded Mandates
E. Taking of Private Property
F. Civil Justice Reform
G. Protection of Children
H. Indian Tribal Governments
I. Energy Effects
J. Technical Standards
K. Environment
VI. Public Participation and Request for Comments
I. Abbreviations
2020 CGAA Elijah E. Cummings Coast Guard Authorization Act of 2020
DHS Department of Homeland Security
CFR Code of Federal Regulations
FR Federal Register
IBR Incorporated by Reference
NPRM Notice of proposed rulemaking
NRTL Nationally recognized testing laboratory
NTSB National Transportation Safety Board
OCMI Officer in Charge, Marine Inspection
OMB Office of Management and Budget
Sec. Section
SPV Small passenger vessel
UL Underwriter Laboratories
U.S.C. United States Code
II. Basis and Purpose
Section 8441 of the Elijah E. Cummings Coast Guard Authorization
Act of 2020 (2020 CGAA) amended Title 46 of the United States Code
(U.S.C.), section 3306, which now directs the Secretary of the
Department of Homeland Security (DHS) to prescribe fire safety
regulations for certain ``covered small passenger vessels,'' defined as
small passenger vessels (SPVs) with overnight accommodations for
passengers or operating on Oceans or Coastwise routes, excluding
fishing vessels and ferries. (See Pub. L. 116-283, January 1, 2021.)
The 2020 CGAA added a new paragraph (n) to section 3306 which requires
the Secretary to issue interim requirements to cover the following
eight provisions:
1. Marine firefighting training programs to improve crewmember
training and proficiency, including egress training for each member of
the crew;
2. Interconnected fire detection equipment and additional fire
extinguishers and firefighting equipment in all areas on board where
passengers and crew have access;
3. Installation and use of monitoring devices to ensure wakefulness
of the required night watch (for covered SPVs with overnight passenger
accommodations);
4. Increased fire detection and suppression systems in unmanned
areas with machinery or areas with other potential heat sources;
5. No less than two independent avenues of escape for all general
areas accessible to passengers, that are constructed and arranged to
allow for unobstructed egress, located so that if one avenue of escape
is not available, another avenue of escape is available, and not
directly above, or dependent on, a berth (for covered SPVs with
overnight passenger accommodations);
6. Handling, storage, and operation of flammable items, such as
rechargeable batteries, including lithium-ion batteries;
7. Requirements for passenger emergency egress drills (for covered
SPVs with overnight passenger accommodations); and
8. Providing all passengers a copy of the emergency egress plan for
the vessel (for covered SPVs with overnight passenger accommodations).
Section 46 U.S.C. 3306(n) requires that the Secretary perform a
comprehensive review of all existing requirements for fire detection,
protection, and suppression systems, and avenues of egress on covered
SPVs to support the rulemaking. Prior to completing the comprehensive
review and issuing final regulations, Section 46 U.S.C. 3306(n)
requires that the Secretary implement interim requirements to enforce
the fire safety provisions listed in Section 46 U.S.C. 3306(n)(3),
which is the subject of this interim rule. The Secretary delegated the
statutory authority to promulgate regulations related to passenger
safety on vessels to the Coast Guard through DHS Delegation No.
00170.1(92)(b), Revision No. 01.2.
Section 3306(n)(4)(B) exempts the Coast Guard's implementation of
the interim requirements from compliance with Chapters 5 and 6 of 5
U.S.C., and from Executive Orders 12866 (Regulatory Planning and
Review) and 13563 (Improving Regulation and Regulatory Review). This
means that the interim requirements are exempt from several common
rulemaking procedural steps, including:
<bullet> The public notice and comment requirements of the
Administrative Procedure Act;
<bullet> The economic analysis requirements of the Regulatory
Flexibility Act;
<bullet> The Unified Agenda, significance determination, and the
Office of Information and Regulatory Affairs review requirements of
Executive Order 12866; and
<bullet> Executive Order 13563 requirements that the rule impose
the least burden and maximize net benefits.
The exemptions provided in the 2020 CGAA do not cover all the laws
and Executive orders that potentially apply to rulemaking. The Federal
Register Act, Paperwork Reduction Act, National Environmental Policy
Act, and various Executive orders, such as those on Federalism, tribal
consultation, and taking of property still apply and are
[[Page 73162]]
considered in this preamble. We are issuing an interim rule with
request for public comment to implement the interim requirements. In
the future, we plan to issue final regulations after consideration of
public comment and relevant matter presented from our comprehensive
review. The comprehensive review will incorporate both technical and
economic benefit-cost considerations not required to be addressed in
this interim rule.
III. Background and Regulatory History
The mandates in 46 U.S.C. 3306(n) are an outcome of the fire
onboard the 75-foot dive boat CONCEPTION on September 2, 2019, off the
coast of Santa Cruz Island, California, resulting in the deaths of 34
persons. At approximately 3 a.m., fire broke out on the main deck
directly above the lower deck berthing area where the 33 passengers and
1 crewmember were sleeping and ultimately perished.
The National Transportation Safety Board (NTSB) conducted an
investigation of the incident and stated in its Marine Accident Report
that, ``the probable cause of the accident on board the SPV CONCEPTION
was the failure of Truth Aquatics, Inc. to provide effective oversight
of its vessel and crewmember operations, including requirements to
ensure that a roving patrol was maintained, which allowed a fire of
unknown cause to grow, undetected, in the vicinity of the aft salon on
the main deck.'' \1\ The NTSB determined that other contributing causes
were inadequate smoke detection and inadequate egress arrangements.
While the cause of the fire remains unknown, potential sources of
ignition noted by the NTSB include malfunctioning lithium-ion batteries
and overloading electrical circuits due to excessively connecting a
series of rechargeable devices together using a single connection.
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\1\ Fire Aboard Small Passenger Vessel Conception, Platts
Harbor, Channel Islands National Park, Santa Cruz Island, 21.5 miles
South-Southwest of Santa Barbara, California, September 2, 2019.
Marine Accident Report. Adopted October 20, 2020. The report
includes a total of 10 recommendations. <a href="https://www.ntsb.gov/investigations/AccidentReports/Reports/MAR2003.pdf">https://www.ntsb.gov/investigations/AccidentReports/Reports/MAR2003.pdf</a>.
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Furthermore, the NTSB issued safety recommendations to the Coast
Guard in its October 20, 2020 Marine Accident Report discussing the
CONCEPTION incident,\2\ which we summarize as the following provisions:
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\2\ Id. <a href="https://www.ntsb.gov/investigations/AccidentReports/Reports/MAR2003.pdf">https://www.ntsb.gov/investigations/AccidentReports/Reports/MAR2003.pdf</a>. The report contains 10 recommendations total.
Seven of the recommendations are directed to the Coast Guard; two
recommendations are for the Passenger Vessel Association,
Sportfishing Association of California, and National Association of
Charterboat Operator; and one recommendation is for Truth Aquatics.
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<bullet> Revise 46 CFR Subchapter T to require all new and existing
vessels with overnight accommodations to have smoke detectors in all
accommodation spaces (M-20-014 & M-20-015);
<bullet> Revise Subchapters T and K to require all new and existing
vessels with overnight accommodations to have interconnected smoke
detectors (M-20-016);
<bullet> Develop and implement inspection procedures to verify that
vessel owners, operators, and charterers are conducting roving patrols
(M-20-017);
<bullet> Revise Subchapter T to require all new and existing
vessels with overnight accommodations to provide secondary means of
escape into a different space than the primary exit (M-20-018 & M-20-
019); and
<bullet> Review suitability of Subchapter T regulations regarding
means of escape for vessels constructed prior to 1996 (M-20-020).
This interim rule implements the requirements in 46 U.S.C.
3306(n)(4)(A) to add additional interim fire safety requirements for
SPVs. The Coast Guard has several existing fire safety regulations for
small passenger vessels in 46 CFR Subchapter K, titled ``Small
Passenger Vessels Carrying More Than 150 Passengers Or With Overnight
Accommodations For More Than 49 Passengers,'' and Subchapter T, titled
``Small Passenger Vessels (Under 100 Gross Tons).'' Subchapter K
applies to small passenger vessels (as defined by 46 U.S.C. 2101, and
implemented under Subchapter K) less than 100 GT that carry more than
150 passengers, or that have overnight accommodations for more than 49
passengers, and carry at least 1 passenger for hire. Subchapter T
applies to small passenger vessels (as defined by 46 U.S.C. 2101, and
implemented under Subchapter T) less than 100 GT that carry 150 or less
passengers, or that have overnight accommodations for 49 or less
passengers, and that carry more than 6 passengers, including at least 1
for hire.
On March 11, 1996, the Coast Guard implemented regulations
generally applicable to ``new vessels'' (defined in 46 CFR 114.400 and
175.400), whereas several parts allowed ``existing vessels'' (defined
in 46 CFR 114.400 and 175.400) to remain in compliance with regulations
that existed on March 10, 1996. See 61 FR 864 (Jan. 10, 1996). This
interim rule implements many of the statutory mandates by requiring
certain small passenger vessels to come into compliance with a handful
of fire safety and means of escape requirements implemented on March
11, 1996 that were previously only applicable to ``new vessels.'' This
interim rule will increase the applicability of the Subchapter K and T
requirements to ``existing vessels'' and also adds additional
requirements, as directed by the 2020 CGAA.
Some of the terminology used in this interim rule's regulatory text
and preamble varies from the terms or phrases used in 46 U.S.C.
3306(n). For the purpose of promoting consistency, this interim rule
uses language and terms that are already defined or used in Subchapters
K and T when applicable. For example, the Coast Guard uses the phrase
``overnight accommodations for passengers'' instead of the 46 U.S.C.
3306(n) phrase ``overnight passenger accommodations'' because
``overnight accommodations'' is already defined in Subchapters K and T
in Sec. Sec. 114.400 and 175.400 to capture all the relevant
characteristics that would qualify a vessel as having an overnight
passenger accommodation space. In this interim rule, our existing
definition for ``overnight accommodation'' would apply with the
qualifier ``for passengers,'' to capture only vessels with passenger
overnight accommodation spaces and exclude vessels that only have crew
overnight accommodation spaces. The existing definition of ``overnight
accommodation'' includes an accommodation space for use by passengers
that has one or more berths, including beds or bunks, for passengers to
rest for extended periods. Staterooms, cabins, and berthing areas are
normally overnight accommodation spaces. Overnight accommodations do
not include spaces that contain only seats, including reclining seats.
The term used in this interim rule, ``Overnight accommodations for
passengers,'' will include all of these spaces that would normally be
considered an overnight accommodation and is consistent with other
usages of this phrase in Subchapters K and T. The Coast Guard adopts
similar nomenclature changes to terms in 46 U.S.C. 3306(n) to be more
technically precise or to align with industry and regulatory usage of
the terms. We explain the differences in terminology in the following
Discussion of the Rule section.
IV. Discussion of the Rule
In general, the interim rule adds the following requirements to 46
CFR subchapters T and K for vessels (that are not ferries) that operate
on a Coastwise or Oceans route or have overnight accommodations for
passengers. These vessels must:
[[Page 73163]]
1. Install interconnected fire detection systems in all spaces
where passengers and crew have routine access, including dining areas,
sleeping quarters, and lounges;
2. Install portable fire extinguishers on ``existing vessels'' so
that they meet the same current regulatory requirements for ``new
vessels'';
3. Develop safe handling procedures for the operation and storage
of potentially hazardous items such as rechargeable batteries; and
4. Develop crew firefighting and emergency egress training.
In addition, vessels regulated under Subchapters K and T that are
not ferries and have overnight accommodations for passengers must also:
1. Have two unobstructed means of escape that are not located
directly above, or dependent on, a berth;
2. Ensure that means of escape arrangements onboard ``existing
vessels'' meet the same current regulatory requirements outlined for
``new vessels'';
3. Install and use a monitoring device to ensure the wakefulness of
the required night watchmen;
4. Conduct passenger emergency egress drills; and
5. Post a passenger safety bill (that includes an emergency egress
plan) in passenger accommodation spaces.
Table 1, ``Summary of Changes and 46 CFR Subchapters and Sections
Affected'' provides a list of 11 categories of changes, as well as
summaries of the changes, and a list of the affected subchapters and
sections. After the table, we provide a detailed explanation of the
changes in each category.
Table 1--Summary of Changes and 46 CFR Subchapter and Sections Affected
------------------------------------------------------------------------
Affected 46 CFR
Category or equipment Changes made subchapters and
sections
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Applicability and 1. Defines Subchapter K: Sec.
Definitions. applicable vessels Sec. 114.110(e),
subject to 114.110(f), and
regulatory change. 116.115(c).
2. Adds definitions Subchapter T: Sec.
for ``Listed'' and Sec. 175.110(c),
for ``Nationally 175.110(d),
recognized testing 177.115(c),
laboratory or 175.400.
NRTL''.
Editorial................... Updates paragraph Subchapter K: Sec.
numbering resulting Sec.
from insertion of 116.500(p),(q), and
new regulatory text. (r),
118.400(e),(f),(g),
(h), and (i),
122.410(a),
122.420(c) and (d),
and 122.515(c).
Subchapter T: Sec.
Sec.
177.500(o),(p), and
(q), 181.450(a)(3)
and(4), 185.410(a),
and 185.420(c) and
(d).
Watchkeeping................ Adds requirement for Subchapter K: Sec.
use of night watch 122.410(b).
monitoring device. Subchapter T: Sec.
185.410(b).
Fire Detection.............. Updates requirements Subchapter K: Sec.
for type and 118.400(d).
location of Subchapter T: Sec.
interconnected fire Sec. 181.405(c),
detection systems. 181.450(a)(1) and
(a)(2), and
181.450(b).
Fire Suppression............ Requires affected Subchapter K: Sec.
existing vessels to 114.110(e).
conform with Subchapter T: Sec.
current fire 175.110(c).
suppression
regulations
outlined in Sec.
Sec. 118.500 and
181.500.
Training.................... Adds training Subchapter K: Sec.
requirement to 122.420(b).
enhance crews' Subchapter T: Sec.
firefighting 185.420(b).
capabilities.
Egress...................... 1. Adds requirements Subchapter K: Sec.
for master to Sec. 122.507 and
conduct emergency 122.515.
egress drills. Subchapter T: Sec.
2. Adds and updates Sec. 185.507 and
requirements for 185.515.
posting Passenger
Safety Bills.
Construction and Arrangement 1. Requires vessels Subchapter K: Sec.
with overnight Sec. 116.115(c)
accommodations for and 116.500(o).
passengers to Subchapter T: Sec.
conform to current Sec. 177.115(c)
regulations for and 177.500(n).
means of escape
construction and
arrangement.
2. Adds requirements
preventing berths
to aid in means of
escape.
Hazardous items............. Adds requirements Subchapter K: Sec.
for handling, 122.364.
storing, and Subchapter T: Sec.
operating 185.364.
potentially
hazardous items.
Implementation.............. Outlines Subchapter K: Sec.
implementation 114.110(g).
schedule for Subchapter T: Sec.
affected operators 175.110(e).
to implement
regulatory
requirements.
------------------------------------------------------------------------
Applicability and Definitions
The statute defines ``covered small passenger vessel,'' but,
because the term ``cover(ed)'' is utilized already throughout
Subchapters T and K to mean something unrelated, utilizing ``covered
small passenger vessel'' could be misleading. Instead, the interim rule
adds statements to the applicability sections in 46 CFR Subchapters K
(Sec. 114.110) and T (Sec. 175.110) to identify the types of SPVs
that must meet the new requirements. These statements of applicability
capture all the ``covered small passenger vessels'' identified in the
statute. For each applicability statement, we include a list of the
specific regulatory sections that those types of vessels must comply
with.
In accordance with the definition of covered SPVs in 46 U.S.C.
3306(n)(5), a vessel to which Subchapter K or T applies, irrespective
of build date, must meet the listed general fire safety requirements if
it is not a ferry; and (1) has overnight accommodations for passengers;
or (2) is operating on a Coastwise or Oceans route. The fire safety
requirements in this interim rule are substantively the same in each
Subchapter. The general fire safety requirements are listed in
Sec. Sec. 118.400(d), 118.500, 122.364, and 122.420(b) for vessels
regulated under Subchapter K and in Sec. Sec. 181.405, 181.450,
181.500, 185.364, and 185.420(b) for vessels regulated under Subchapter
T.
In addition to the general requirements, SPVs that have overnight
accommodations for passengers will be required to meet additional fire
safety requirements, as mandated by 46 U.S.C. 3306(n)(3)(B). For
Subchapter K, SPVs with overnight accommodations for passengers,
irrespective of build date, will be required to meet the additional
requirements in revised Sec. Sec. 116.115(c), 116.500(o), 122.410(b),
122.507, and 122.515. SPVs with overnight accommodations for
passengers,
[[Page 73164]]
irrespective of build date, regulated under Subchapter T will have to
meet the additional requirements in revised Sec. Sec. 177.115(c),
177.500(n), 185.410(b), 185.507, and 185.515. These additional
requirements are discussed later in this preamble, and are
substantively the same in each subchapter.
Section 3306(n)(5)(B) states that the regulations do not apply to
ferries or fishing vessels as those terms are defined in 46 U.S.C.
2101. As such, the new requirements implemented by this interim rule do
not apply to ferries or fishing vessels. Under the statutory
authorities and this interim rule, SPVs inspected under Subchapters K
or T engaged in passenger vessel operations on a fishing excursion does
not meet the definition of a ``fishing vessel'' in 46 U.S.C. 2101.
This interim rule also adds definitions to Subchapter T for the
terms ``listed'' and ``Nationally recognized testing laboratory or
NRTL.'' Both definitions will apply to the new requirements in Sec.
181.450 for interconnected fire detection and alarm systems. In that
section, we require an interconnected detection and alarm system to
consist of multiple-station smoke detectors listed by an NRTL, or
independent laboratory accepted by the Commandant. The definition of
``listed'' would help the reader identify what types of materials or
equipment are acceptable under the regulations. The definition of
``NRTL'' will help the reader identify the organization as one that is
recognized by the Occupational Safety and Health Administration.
Editorial
This interim rule makes several editorial changes to update
paragraph numbering from the addition of new regulatory text. All
affected paragraphs that have been redesignated by this interim rule
are listed in Table 1 of this preamble, ``Summary of Changes and 46 CFR
Subchapters and Sections Affected.'' These editorial changes have no
substantive impact on the public or affected owners or operators of
SPVs.
Watchkeeping
Existing regulations in 46 CFR 122.410 and 185.410 require an owner
of a vessel carrying overnight passengers to have a suitable number of
members of the crew patrol throughout the vessel during nighttime.
Under 46 U.S.C. 3306(n)(3)(A)(iii), we must issue requirements for the
installation and use of monitoring device(s) to ensure the wakefulness
of the required night watch for SPVs with overnight accommodations for
passengers. Sections 122.410 and 185.410 already require these vessels
to have a suitable number of watchmen patrol throughout the vessel
during the nighttime. The purpose of having a required night watch is
to always have someone monitoring the safety and security of the
vessel, who can alert the crew and passengers if there are any
emergencies on board, such as fire, flooding, vessel collisions, or
other hazards.
In new paragraphs 122.410(b) and 185.410(b), this interim rule
requires the following for operators of vessels regulated by Subchapter
T or K that have overnight accommodations for passengers. Vessels
already in service must submit plans to the cognizant OCMI, in
accordance with existing Sec. Sec. 115.700 or Sec. Sec. 176.700, for
the installation and use of monitoring device(s) to ensure the
wakefulness of the watchmen. Vessels with a keel laid date after March
28, 2022, must include plans for the monitoring device(s) within the
plan submissions required in Sec. Sec. 116.202 or 177.202. The Coast
Guard will work with the vessel operators to determine a reasonable
implementation schedule once the plans are accepted. This plan
submission requirement will be effective 90 days after publication of
this interim rule. The main goal for requiring use and installation of
the monitoring device is to ensure the required watchmen stay awake
while monitoring the vessel for emergencies.
The monitoring devices must also satisfy the following three
requirements, which we have incorporated into the regulatory text.
First, the monitoring devices must alert the crew in the case of an
unresponsive watchstander. This requirement will ensure that, if a
watchman becomes unresponsive, the crew will be alerted to check on the
unresponsive watchman and provide a continuous safety watch throughout
the night. Second, the monitoring device must remain operable
throughout the nighttime watch, to coincide with the required patrol in
Sec. Sec. 122.410(a) and 185.410(a), which requires ``watchmen patrol
throughout the vessel during the nighttime.'' Third, the monitoring
device(s) must be arranged to ensure proper coverage of the passenger
accommodation spaces, common areas, and spaces with potential fire
hazards. We are requiring the device(s) be arranged with proper
coverage around the vessel to ensure that those assigned with a
watchkeeping responsibility remain alert while conducting frequent
rounds of the vessel.
Per existing Sec. Sec. 115.800(a) and 176.800(a), ``Inspection
standards'', the cognizant OCMI may inspect the vessel's monitoring
devices for compliance with the subchapter and, where the standard is
not set by these updated regulations, in accordance with standards
acceptable to the cognizant OCMI as good marine practice.
For implementing the monitoring device(s) requirement, we
considered requiring systems similar to the International
Electrotechnical Commission standard, IEC 62616, ``Maritime navigation
and radio communication equipment and systems--Bridge navigational
watch alarm system (BNWAS).'' The IEC 62616 standard specifies the
minimum performance requirements, technical characteristics, methods of
testing, and required test results for a BNWAS, as required by the
International Convention for the Safety of Life as Sea (SOLAS). SOLAS
regulation V/19.2.2.3 requires that BNWAS must be in operation whenever
the ship is underway at sea. The BNWAS monitors bridge activity and
detects operator disability that could lead to marine accidents.
According to the IEC 62616 standard, the system monitors the awareness
of the watchman. If they become incapable of performing their watch
duties, a series of indications and alarms alert first the watchman and
then, if they are not responding, alert the Master or another qualified
watchman. Under IEC 62616, the BNWAS may be integrated into other
equipment, such as radar or Electronic Chart Display and Information
System, etc. A BNWAS is just one example of a device that would satisfy
the requirements of Sec. Sec. 122.410(b) and 185.410(b). Further,
systems such as a personnel alarm, as required by 46 CFR 62.50-20(b)
for vessels regulated under Subchapter F, would also be considered as
meeting the requirements of Sec. Sec. 122.410(b) and 185.410(b). These
two systems are just examples, and are not intended as an all-inclusive
list of devices that could satisfy the requirements of Sec. Sec.
122.410(b) and 185.410(b). However, for the purpose of this interim
rule, we are initially allowing operators the flexibility to choose a
system that works for them in meeting the requirements set forth in
122.410(b) and 185.410(b), subject to cognizant OCMI or Marine Safety
Center approval. We welcome comments providing information as to the
types of wakefulness monitoring systems or procedures that are
preferable or already in use by these vessels, if any.
Fire Detection
Title 46 CFR 181.450(c) lists the requirements for independent
modular smoke detecting units in overnight accommodation spaces on a
vessel. To align with the requirements of 46 U.S.C.
[[Page 73165]]
3306(n)(3)(A)(ii), vessels regulated by Subchapter T or K that have
overnight accommodations for passengers or operate on a Coastwise or
Oceans route, irrespective of build date, must now have interconnected
fire detection systems.
The text in 46 U.S.C. 3306(b)(3)(A)(ii) requires interconnected
fire detection equipment ``in all areas on board the vessel where
passengers and crew have access, including dining areas, sleeping
quarters, and lounges.'' The Coast Guard uses the term ``interconnected
fire detection systems'' because it is not likely or logical that the
fire detection equipment will be interconnected; it is the system that
is interconnected. This is a nomenclature change we made to be more
precise with the language used in the regulations. We have interpreted
the statutory language, ``all areas where passengers and crew have
access'' to include enclosed spaces such as accommodation spaces and
machinery spaces that would be routinely occupied by passengers or
crew. While the statute says, ``all areas on board the vessel where
passengers and crew have access . . .'' the Coast Guard does not
interpret this to mean only spaces where crew and passengers both have
access; we interpret this to mean spaces where either have access.
Otherwise, machinery spaces and crew kitchens with heat sources and
fire risks would not be included in the requirement. That
interpretation would be inconsistent with the intent of the 2020 CGAA,
to have the interconnected fire detection systems in all areas onboard.
This interim rule does not require interconnected fire detection
systems on weatherdecks because fire detection equipment is not
effective above decks where there may be no ceilings and smoke
disperses before it can be detected. In addition, we do not include
small spaces that open to spaces with fire detection equipment, such as
closets, in the meaning of ``areas where passengers and crew have
routine access,'' where it is impractical or there are no potential
heat sources to justify requiring an interconnected fire detection
system therein.
The regulations in Sec. Sec. 118.400(d) and 181.405(c) will now
require an interconnected fire detection system that meets the existing
requirements in Sec. 181.450 in all enclosed areas to which passengers
and crew have routine access, including accommodation spaces and
machinery spaces. Now that the statute requires all SPV fire detection
systems to be interconnected, we changed the type of the detection
system described in Sec. 181.450 from ``Independent modular smoke
detecting units'' to ``Interconnected fire detection system''. Section
181.450 will continue to require that the fire detection system used by
the vessel must be listed by an NRTL or independent laboratory, as
type-approved to meet Underwriter Laboratories (UL) standard UL 217,
``Single and Multiple Station Smoke Detectors,'' already incorporated
by reference in Sec. 175.600 and 181.450.
In Subchapter K's interconnected fire detection system
requirements, in new Sec. 118.400(d), we opt to cross-reference the
existing Subchapter T standards in Sec. 181.450 that apply to
interconnected fire detection systems, rather than duplicating the
standards in Subchapter K. All SPVs that either operate on a Coastwise
or Oceans route or have overnight accommodations for passengers,
irrespective of build date, must have an interconnected fire detection
system that meets the requirements in Sec. 181.450.
Fire Suppression
Existing Sec. Sec. 118.500 and 181.500 list the requirements for
number, type, and location of portable fire extinguishers applicable to
``new vessels'' (defined in Sec. Sec. 114.400 and 175.400). These
sections list the minimum number of fire extinguishers a vessel must
have and also indicate that the Officer in Charge, Marine Inspection
(OCMI) may require more than the minimum number listed. Paragraph
(n)(3)(A)(vii) of 46 U.S.C. 3306 requires the Coast Guard to issue
regulations for increased fire suppression systems (including
additional fire extinguishers) in unmanned areas with machinery, or
areas with other potential heat sources. Sections 118.115 and 181.115
previously allowed ``existing vessels'' (defined in Sec. Sec. 114.400
and 175.400) to comply with the fire protection regulations that were
applicable to the vessel on March 10, 1996.
This interim rule requires all vessels regulated by Subchapter T or
K that have overnight accommodations for passengers or are operating on
a Coastwise or Oceans route, regardless of build date, to comply with
the portable fire extinguisher regulations in Sec. Sec. 118.500 or
181.500. The new applicability paragraphs Sec. Sec. 114.110(e) and
175.110(c) indicate the specific regulations that these SPVs must meet,
including the fire extinguisher regulations in Sec. Sec. 118.500 or
181.500. These regulations were previously only applicable to ``new
vessels.'' This change will directly affect ``existing vessels'' that
previously complied with portable fire extinguisher regulations
applicable to the vessel on March 10, 1996, but do not meet the
regulation standards for ``new vessels.'' All SPVs regulated under
Subchapters T and K that have overnight accommodations for passengers
or are operating on a Coastwise or Oceans route will be required to
comply with the portable fire extinguisher minimum numbers and type
requirements in Sec. Sec. 118.500 or 181.500 no later than 1 year
after publication of this interim rule. The Coast Guard invites public
comment to determine if requirements for additional portable fire
extinguishers beyond what is currently required in Sec. Sec. 118.500
or 181.500 should be required to facilitate proper fire protection.
Additionally, these SPVs will be subject to the cognizant OCMI's
discretion in requiring additional portable fire extinguishers. In
requiring additional portable fire extinguishers, the OCMI considers
multiple factors, including such vessel characteristics as the size,
passenger capacity, egress plans, and layout. This OCMI discretion
already exists in 118.500(a) and 181.500(a). Therefore, we expect OCMIs
to use the same criteria they apply to new vessels to existing vessels
in determining an acceptable minimum amount of fire extinguishers in
the spaces listed. The fire extinguisher requirements in Sec. Sec.
118.500 and 181.500 cover all types of areas on the vessel, including
minimum fire extinguisher requirements for unmanned areas with
machinery, and areas with potential heat sources, as required by the
statute.
In this interim rule, the Coast Guard considered requiring fixed
firefighting systems to address the requirements of 46 U.S.C. 3306(n),
but decided instead to make the standards for the number, type, and
location of portable extinguishers onboard new vessels applicable to
both new and existing vessels. When the Coast Guard revised the
regulations for small passenger vessels in 1996, the requirements for
fixed fire suppression systems were retroactively applied to existing
vessels of combustible construction (See 61 FR 864, Jan. 10, 1996).
These higher risk vessels have been required to install fixed
suppression systems since March 1999. However, under the 1996
regulation, existing vessels were not required to comply with
requirements for the number, type, and location of portable
extinguishers. At present, there is insufficient data to justify
requiring the additional cost and complexity of fixed systems on
existing vessels of non-combustible construction. Instead, under the
interim rule, the Coast Guard is requiring existing vessels to meet the
current requirements for portable fire extinguishers, which meets the
intent of 46 U.S.C. 3306(n). At the same time, the
[[Page 73166]]
interim final rule will allow for public comment regarding requirements
for portable and fixed fire suppression systems onboard these vessels.
Training
Currently, SPVs are required to conduct crew firefighting drills
and training in accordance with Sec. Sec. 122.524 and 185.524. Per the
mandate in 46 U.S.C. 3306(n)(3)(A)(i), this interim rule adds
additional crew firefighting training requirements for vessels
regulated by Subchapter T or K that have overnight accommodations for
passengers or are operating on a Coastwise or Oceans route. These
additional training requirements will promote crew member firefighting
proficiency, while requiring regular egress training for vessel crew
members.
In new paragraphs 122.420(b) and 185.420(b), this interim rule adds
required crew training in the use and location of firefighting
equipment and general firefighting knowledge, including a list of
knowledge and training aspects that must be covered. Additionally, this
interim rule adds a requirement to conduct emergency egress training
for all members of the crew, to be conducted at least monthly while
such members are employed on board the vessel, and each time someone
joins the crew.
The new provisions in Sec. Sec. 122.420(b) and 185.420(b) will
also cross-reference the existing requirements for the vessel master or
operator to conduct the firefighting drills and training in Sec. Sec.
122.524 and 185.524, respectively, including identifying fire location
and fire type. The additional general firefighting knowledge
requirements in Sec. Sec. 122.524 and 185.524 already apply to all
vessels regulated under Subchapter K and Subchapter T, respectively.
The purpose of adding these cross references to Sec. Sec. 122.420(b)
and 185.420(b) is to clearly specify in one place all the firefighting
crew training requirements for SPVs that have overnight accommodations
for passengers or are operating on a Coastwise or Oceans route.
Egress
46 U.S.C. 3306(n)(3)(A)(vii) requires regulations for conducting
passenger emergency egress drills prior to the vessel beginning each
excursion. New Sec. Sec. 122.507 and 185.507 of this interim rule
require owners or operators of SPVs that have overnight accommodations
for passengers to conduct emergency egress drills with the new
passengers prior to the vessel getting underway. If the vessel does not
get underway, and if passengers do not remain overnight on the vessel,
the vessel operator would not be required to complete the passenger
emergency egress drills. The statute requires the egress drills be
performed before the vessel begins an ``excursion,'' which we have
interpreted to mean anytime a vessel gets underway, or anytime
passengers remain overnight on the vessel. Per this definition, a
vessel operator that has passengers remain onboard overnight is
required to conduct the passenger emergency egress drills, regardless
if the vessel leaves the pier. Where vessels with overnight passengers
remain pierside for various reasons, such as inclement weather or as
part of the normal practice, emergencies can still happen on these
excursions. Requiring the emergency egress drills for vessels with
overnight passengers that remain pierside supports Congress's safety
intent of performing the passenger egress drills on these vessels.
For passengers assigned to an accommodation space, this interim
rule requires the emergency egress drills must be performed from that
assigned space. If passengers are not assigned an accommodation space,
the emergency egress drill must be performed from another reasonable
accommodation space, which the master of the vessel will have
discretion to choose. We included this contingency for when passengers
are not assigned accommodation space for situations where the vessel
has overnight accommodation space for passengers but is not getting
underway with passengers. In these cases, the master of the vessel is
still required to perform an emergency egress drill with the passengers
because the 46 U.S.C. 3306(n)(5) definition of ``covered small
passenger vessel'' applies to any SPV that has overnight passenger
accommodations on the vessel and does not distinguish whether or not
they are actually used overnight by passengers.
Section 3306(n)(3)(A)(vii) requires the crew to conduct an egress
drill from all areas where passengers have access. However, strict
application of the statute would lead to an overly redundant and
burdensome process, with multiple drills being conducted from every
accessible space on the vessel, and only a nominal increase in safety.
Instead, we will require passengers to undergo one emergency egress
drill from their assigned accommodation space, or, if not assigned an
accommodation space, from another reasonable accommodation space chosen
by the vessel master.
The emergency egress drills are a supplement to any applicable
passenger safety requirements under 46 CFR parts 122 and 185 or SOLAS.
In some cases, the emergency egress drill can be done concurrently with
other required safety drills, as long as the passengers perform the
emergency egress drill starting from the passenger's assigned
accommodation spaces before beginning an excursion with new passengers.
Most relevant, Sec. Sec. 122.506(e) and 185.506(e) require SPVs on a
voyage of more than 24 hours duration request that passengers don life
jackets and go to the appropriate embarkation station during the safety
orientation. A vessel operator could satisfy Sec. Sec. 122.506(e) or
185.506(e) and the new emergency egress drill requirement by performing
the emergency egress drill from the passenger's assigned overnight
accommodation space, meeting at the embarkation station, and donning
life jackets. This emergency egress drill must be conducted before the
vessel begins an excursion with new passengers.
Paragraphs 3306(n)(3)(A)(viii) & (B) require providing passengers a
copy of the emergency egress plan for the vessel on vessels that have
overnight accommodation spaces for passengers. In Subchapters K and T,
the Coast Guard refers to these plans as passenger safety bills. This
interim rule requires passenger safety bills to be posted in each cabin
or stateroom, and in passenger accommodation spaces. Passenger safety
bills must include the following information: (1) The embarkation
station and the number and location of survival craft to which each
passenger is assigned, if applicable; (2) the fire and emergency signal
and the abandon ship signal; (3) the essential action that must be
taken in an emergency; and (4) the location of immersion suits and
illustrated instructions on the method of donning the suits, if
immersion suits are provided. The Coast Guard determined that including
this emergency egress information will increase the passenger safety
bill's usefulness to passengers during an emergency.
These passenger safety bill requirements will be in Sec. 122.515
and new Sec. 185.515. Previously, passenger safety bill requirements
in Sec. 122.515 only applied to vessels more than 65 feet with more
than 49 overnight passengers. The requirements in Sec. 122.515 will
now apply to all vessels regulated under Subchapter K with overnight
accommodations spaces for passengers, regardless of length of vessel or
number of overnight passengers.
The Coast Guard considered requiring masters of affected vessels to
distribute copies of passenger safety bills to passengers. We did not
choose this option as it is unrealistic to expect
[[Page 73167]]
passengers to have the safety bills in their possession at all times in
case of an emergency. Posting the passenger safety bills in
accommodation spaces and staterooms ensures the emergency egress plans
are available for viewing from multiple places on the vessel in an
emergency.
Construction and Arrangement
The regulations for construction and arrangement in 46 CFR parts
116 and 175 are currently applicable to ``new vessels'' (defined in
Sec. Sec. 114.400 and 175.400). ``Existing vessels'' (also defined in
Sec. Sec. 114.400 and 175.400) have the opportunity to comply with
regulations that were applicable on March 10, 1996. Section
3306(n)(3)(A)(v) of 46 U.S.C. requires SPVs with overnight
accommodations for passengers to have two independent avenues of escape
from general areas accessible to passengers. New applicability
provisions in Sec. Sec. 116.115(c) and 177.115(c) will require vessels
regulated by Subchapter T or K that have overnight accommodations for
passengers, regardless of build date, to comply with the requirements
for means of escape in Sec. Sec. 116.500 and 177.500. Requiring
compliance with Sec. Sec. 116.500 and 177.500 will ensure that all
existing vessels with overnight accommodations for passengers will
maintain at least two independent means of escape that allow for free
and unobstructed egress from any point in a vessel to an embarkation
station for SPVs regulated under Subchapter T, or to an embarkation
station or area of refuge for SPVs regulated under Subchapter K.
Specifically, Sec. Sec. 116.500(b) and 177.500(b) require two
means of escape that must be widely separated and, if possible, at
opposite ends or sides of the space to minimize the possibility of one
incident blocking both escapes. Although the terms ``if possible'' and
``minimize the possibility'' provide a level of ambiguity to the
regulations, the notion of having two means of escape widely separated
at opposite ends of the space, where a blockage of one will not result
in the blockage of both escapes, is enforced strictly. The term ``if
possible'' in relation to placement of the means of escape provides a
level of discretion to the Coast Guard to allow for the two independent
means of escape to exist in the same space without being on absolute
opposite ends of the space. However, the Coast Guard will ensure, in
its judgement, that the means of escape are placed as widely apart as
possible to minimize the possibility that one incident could block both
means of escape. Current regulations under Subchapter T define a
``means of escape'' as ``a continuous and unobstructed way of exit
travel from any point in a vessel to an embarkation station.'' For
vessels inspected under Subchapter K, a ``means of escape'' is ``a
continuous and unobstructed way of exit travel from any point in a
vessel to an embarkation station or area of refuge.'' (See 46 CFR
114.400 and 175.400). Regardless of how widely spaced the means of
escape are from each other in a single space, the Coast Guard will
ensure there are two independent means of escape that prevent one
incident blocking both means of escape.
Additionally, this interim rule will add a new provision
prohibiting avenues of escape that are located directly above, or
dependent on, a berth for vessels with overnight accommodations for
passengers. Section 3306(n)(3)(A)(v)(III) mandates that the required
two independent avenues of escape and the door, hatch, or scuttle are
not located directly above or dependent on a berth. This mandated
requirement is implemented in revised Sec. Sec. 116.500(o) and
177.500(n) only for vessels with overnight accommodations for
passengers.
Hazardous Items
Under 46 U.S.C. 3306(n)(3)(A)(vi), all vessels regulated by
Subchapters K or T that have overnight accommodations for passengers,
or are operating on a Coastwise or Oceans route, will be required to
take extra precautions in handling, storing, and operating flammable
items such as rechargeable batteries.\3\ New Sec. Sec. 122.364 and
185.364 require potentially hazardous items used for commercial
purposes to be handled, stored, and operated in a way that mitigates
the risk of hazardous conditions. In addition, operators should read
the Coast Guard's Office of Commercial Vessel Compliance (CG-CVC)
Policy Letter 20-03, ``Carriage of Lithium-Ion Batteries on Small
Passenger Vessels,'' issued on October 29, 2020 (or any subsequent
versions), to better understand how to identify signs of damage to
lithium ion batteries, how to extinguish small lithium-ion battery
fires, and how to avoid unsafe practices or improper installations
onboard.\4\ A copy of the Policy Letter 20-03 will be posted to the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
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\3\ As required by 46 U.S.C. 3306(n)(3)(A)(vi).
\4\ A copy is available in the docket for this interim rule and
at the following website: <a href="https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/CG-CVC/Policy%20Letters/2020/CVC%20PL%2020-03_CARRIAGE%20OF%20LITHIUM-ION%20BATTERIES%20ON%20SMALL%20PASSENGER%20VESSELS.pdf">https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/CG-CVC/Policy%20Letters/2020/CVC%20PL%2020-03_CARRIAGE%20OF%20LITHIUM-ION%20BATTERIES%20ON%20SMALL%20PASSENGER%20VESSELS.pdf</a>.
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Implementation
The Coast Guard considered implementation schedules while balancing
expected or potential impacts and vessel and passenger safety concerns.
In the Subchapters K and T applicability sections, 114.110(g) and
175.110(e), we list the dates of when each regulatory requirement must
be implemented. These dates are the earliest that the Coast Guard would
enforce the requirements. We opt for a staggered implementation
schedule, where the more extensive changes are given more time to
implement, and the simpler changes are given 90 days to implement.
The new requirements for means of escape in Sec. Sec. 116.115(c),
116.500(o), 177.115(c), and 177.500(n) are deemed the most logistically
challenging. Relevant vessel owners could expect to allocate time and
resources for making appropriate vessel conversions. Vessel owners may
need to schedule a drydocking period with a boatyard to conduct
conversions necessary to meet the means of escape requirements in these
sections. Therefore, we allow vessel owners 2 years to implement those
requirements; that is, by December 27, 2023.
The regulatory changes for fire protection equipment in 46 CFR
parts 118 and 181 will require equipment to be procured and installed
onboard. The Coast Guard recognizes that required equipment may not be
readily available, so we have allowed vessel owners 1 year, until
December 27, 2022, to implement the requirements in Sec. Sec.
118.400(d), 118.500, 181.405, 181.450, and 181.500.
Vessel owners will have 90 days, until March 28, 2022, to implement
the remaining requirements of this interim rule. These requirements
include those listed in Sec. Sec. 122.364, 122.420(b), 116.115(c),
122.410(b), 122.507, 122.515, 185.364, 185.410(b), 185.420(b), 185.507,
and 185.515.
Lastly, Sec. Sec. 122.507(b), 185.507(b), and 185.515(a), and the
addition of a paragraph to Sec. 122.515, which contain collections of
information that have not yet been approved by OMB, are delayed
indefinitely. These sections are related to the requirements for
posting a passenger safety bill in accommodation spaces, recording
passenger egress drills, and recording crew firefighting and emergency
egress training. The Coast Guard will publish a document in the Federal
Register announcing the effective dates of those sections if OMB
[[Page 73168]]
approves the new collections of information.
V. Regulatory Analyses
Paragraph (n)(4)(B) of 46 U.S.C. 3306 exempts the requirements in
this interim rule from the economic analysis requirements in the
Regulatory Flexibility Act and Executive Orders 12866 (Regulatory
Planning and Review) and 13563 (Improving Regulation and Regulatory
Review). The Office of Management and Budget (OMB) has not reviewed
this rule under section 3(f) of Executive Order 12866 because this
interim rule is exempt from the requirements of Executive Order 12866.
This interim rule will impose a cost to the SPV industry, much of
which is made up of small businesses. While the Coast Guard did not
conduct a benefit cost analysis, the Coast Guard recognizes that there
may be impacts to small business. There will be a cost burden to update
fire and smoke detection equipment and to add additional independent
avenues of escape (for instance, egress) on many SPVs, with a potential
associated loss of passenger capacity on some SPVs. Additional costs
will be associated with crew training and competency, passenger egress
drills, monitoring devices to ensure wakefulness of the night watch,
and flammable item storage. The Coast Guard will consider all cost-
related public comments at the final rule phase and not for this
interim final rule.
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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).
B. Collection of Information
This interim rule calls for a change to an existing collection of
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520. The relevant collection of information is titled ``Small
Passenger Vessels--Title 46 CFR Subchapters K and T,'' which is
assigned OMB Control Number 1625-0057. The Coast Guard uses the
information in this collection to ensure compliance with Subchapter K
and T regulations for the safety, design, construction, alteration,
repair and operation of small passenger vessels.
As defined in 5 CFR 1320.3(c), ``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.
Title: Small Passenger Vessels--Title 46 CFR Subchapters K and T.
OMB Control Number: 1625-0057.
Summary of the Collection of Information: The information
requirements are necessary for the proper administration and
enforcement of the safety of applicable SPVs affected by this interim
rule. The new requirements of this interim rule affect SPVs (under 100
gross tons) that carry more than six passengers and have overnight
accommodations for passengers or operate on a coastwise or oceans
route. The Coast Guard will require the operators of these vessels to:
(1) Post copies of the passenger safety bill for all passengers in all
passenger staterooms and cabins and passenger accommodation spaces; (2)
log the occurrence of passenger emergency egress drills; and (3) log
the occurrence of crew marine firefighting and emergency egress
training. The interim rule requirement for vessel operators of SPVs
with overnight accommodations for passengers to submit plans to the
USCG for use and installation of night watchmen monitoring devices
would also increase the burden estimates for the existing collections
covered by plan approval sections Sec. Sec. 115.700, 116.202, 176.700
and 177.202.
Need for Information: Under the authority of 46 U.S.C. 3305 and
3306, the Coast Guard is prescribing regulations for the design,
construction, alteration, repair and operation of SPVs to secure the
safety of individuals and property on board. The Coast Guard must issue
interim fire safety requirements for these vessels per 46 U.S.C.
3306(n), requiring masters of SPVs to provide passengers copies of
emergency egress plans and to conduct passenger emergency egress drills
before every excursion, and conduct crew marine firefighting and
emergency egress trainings monthly and every time a new crewmember
joins the crew. Plan approvals for the night watchmen monitoring
devices is needed to ensure the devices will perform adequately to
ensure the wakefulness of the night watch.
Proposed Use of Information: The Coast Guard is requiring vessel
operators to post copies of the passenger safety bill in all passenger
staterooms and passenger accommodation spaces for the passengers'
access and use before and during an emergency. Additionally, the
requirement for vessel operators to log the occurrence of passenger
emergency egress drills and crew firefighting and emergency egress
training will be used by the Coast Guard to inspect vessel operators'
compliance with the requirements. The plans for the night watch
monitoring devices will be used to ensure compliance with the
requirement to installation and use of the devices meet the minimum
standards in the regulations.
Description of the Respondents: Owners and operators of SPVs (under
100 gross tons) that carry more than six passengers with overnight
accommodations for passengers.
Number of Respondents: The current OMB-approved number of
respondents remains unchanged.
Frequency of Response: The log entry for passenger egress drills
must be completed prior to every excursion. The log entry for the crew
firefighting and emergency egress training is expected to occur once a
month and every time a new crew member joins the crew. The posting of
the passenger bill will be a one-time posting requirement per vessel.
The plan submission for the night watch monitoring devices will be a
one-time submission requirement per vessel.
Burden of Response: The burden of response varies per activity. The
log entry at the completion of a passenger egress drill takes 2 minutes
to complete prior to every excursion. The log entry at the completion
of the crew firefighting training takes 2 minutes to complete and is
expected to occur an average of 18 times per year, per
[[Page 73169]]
applicable vessel. The posting of a passenger safety bill takes 1
minute per activity with 10 activities per Subchapter K vessel and 6
activities per Subchapter T vessel, and we expect each vessel to post
passenger safety bills only once. The submission of a vessel plan takes
30 minutes per activity with an estimated 370 submissions.
Estimate of Total Annual Burden: The crew emergency egress training
will increase the annual burden by 676 hours. The new passenger egress
drills will increase the annual burden by 611 hours. The posting of
additional passenger safety bills will increase the annual burden by 46
hours. The one-time submission of the night watch monitoring device
plan submission will increase the annual burden by 185 hours. This
rulemaking will increase the estimated annual burden by 1,518 hours.
As required by 44 U.S.C. 3507(d) and 5 CFR 1320.10, we will submit
a copy of this interim rule to OMB for its review of the collection of
information.
We are soliciting comments on the revisions to the collection of
information. Comments may be submitted in accordance with the Public
Participation and Request for Comments section in this preamble.
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number. OMB has not
yet completed its review of this updated collection. Therefore, we are
not making Sec. Sec. 122.507(b), a new paragraph in 122.515,
185.507(b), and 185.515(a) effective until OMB completes its action on
our revised information collection request. We will publish a Federal
Register document describing OMB's action and, if OMB grants approval,
notifying you when Sec. Sec. 122.507(b), the new paragraph in 122.515,
185.507(b), and 185.515(a) take effect.
C. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this interim rule under Executive Order
13132 and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in
Executive Order 13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, (design,
construction, alteration, repair, maintenance, operation, equipping),
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, are within the field foreclosed from regulation
by the States. See the Supreme Court's decision in United States v.
Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). This
interim rule implements mandatory fire safety requirements for SPVs
prescribed by 46 U.S.C. 3306(n). Therefore, because the States may not
regulate within these categories, this rule is consistent with the
fundamental federalism principles and preemption requirements described
in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, Executive Order 13132 specifically directs
agencies to consult with State and local governments during the
rulemaking process. If you believe this rule has implications for
federalism under Executive Order 13132, please call or email the person
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.
D. Unfunded Mandates
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 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 (adjusted for
inflation) or more in any one year. The Coast Guard discusses the
requirements and some of the implications of this interim rule
elsewhere in the preamble. This interim rule is exempt from economic
analysis requirements in the Regulatory Flexibility Act and Executive
Orders 12866 and 13563. Hence, this rulemaking does not include a
regulatory analysis. Additionally, the interim requirements implemented
by this rule are required by statute and are not discretionary.
E. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
F. Civil Justice Reform
This 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.
G. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule will not create an environmental risk to health or risk to safety
that might disproportionately affect children.
H. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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.
I. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not likely
to have a significant adverse effect on the supply, distribution, or
use of energy.
J. Technical Standards and Incorporation by Reference
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (for example,
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 rule uses one voluntary consensus standard, UL 217, ``Single
and Multiple Station Smoke Detectors.'' The sections that reference
this standard and the locations where this standard is available are
listed in 46 CFR 175.600
[[Page 73170]]
and 181.450(a)(1). UL 217 is a standard for type-approved multiple-
station smoke detectors, and is already incorporated by reference in
these sections.
The Director of the Federal Register has approved the material in
46 CFR 181.450(a)(1) for incorporation by reference under 5 U.S.C. 552
and 1 CFR part 51. Copies of the material are available from the
sources listed in 46 CFR 175.600.
Consistent with 1 CFR part 51 incorporation by reference
provisions, this material is reasonably available. Interested persons
have access to it through their normal course of business, may purchase
it from the organization identified in 46 CFR 117.600, or may view a
copy by means we have identified in that section.
K. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a determination that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. This
rule is categorically excluded under paragraph L56 and L57of Appendix
A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev 1. Paragraph
L56 pertains to regulations concerning the training, qualifying,
licensing, and disciplining of maritime personnel and L57 pertains to
regulations concerning manning, documentation, admeasurement,
inspection, and equipping of vessels. This rule involves adding
requirements such as fire detection and suppression systems, avenues of
escape, egress drills, marine firefighting training, and the handling
of flammable items such as rechargeable batteries.
VI. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received on this interim rule during the comment period. Your comment
can help shape fire safety final rules for SPVs called for by 46 U.S.C.
3306(n). If you submit a comment, please include the docket number for
this rule, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0306 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this interim rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
interim rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the interim rule. We may choose
not to post off-topic, inappropriate, or duplicate comments that we
receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
Public meeting. We are not planning to hold a public meeting but
will consider doing so if we determine from public comments that a
meeting would be helpful. We would issue a separate Federal Register
notice to announce the date, time, and location of such a meeting.
List of Subjects in 46 CFR Parts 114, 116, 118, 122, 175, 177, 181,
and 185
46 CFR Part 114
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 116
Fire prevention, Marine safety, Passenger vessel, Seamen.
46 CFR Part 118
Fire prevention, Marine safety, Passenger vessels.
46 CFR Part 122
Marine safety, Passenger vessels, Penalties, Reporting and
recordkeeping requirements.
46 CFR Part 175
Marine safety, Incorporation by reference, Passenger vessels,
Reporting and recordkeeping requirements.
46 CFR Part 177
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 181
Fire prevention, Incorporation by reference, Marine safety,
Passenger vessels.
46 CFR Part 185
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 114, 116, 118, 122, 175, 177, 181, and 185 as follows:
Title 46--Shipping
PART 114--GENERAL PROVISIONS
0
1. The authority citation for part 114 is revised 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; DHS Delegation 00170.1, Revision
No. 01.2, paragraph (II)(92)(a); Sec. 114.900 also issued under 44
U.S.C. 3507.
0
2. Amend Sec. 114.110 by adding paragraphs (e) through (g) to read as
follows:
Sec. 114.110 General applicability
* * * * *
(e) Irrespective of build date, a vessel to which this subchapter
applies must meet 46 CFR 118.400(d), 118.500, 122.364, and 122.420(b)
if it is not a ferry, and if it --
(1) Has overnight accommodations for passengers; or
(2) Is operating on a Coastwise or Oceans route.
(f) Irrespective of build date, a vessel to which this subchapter
applies must meet 46 CFR 116.115(c), 116.500(o), 122.410(b), 122.507,
and 122.515 if it is not a ferry, and has overnight accommodations for
passengers.
(g) The requirements outlined in paragraphs (e) and (f) of this
section must be met no later than March 28, 2022, except for:
[[Page 73171]]
(1) The requirements to implement 46 CFR 118.400(c) and 118.500r,
which must be met no later than December 27, 2022; and
(2) The requirements to implement 46 CFR 116.115(c) and 116.500(o),
which must be met no later than December 27, 2023.
PART 116--CONSTRUCTION AND ARRANGEMENT
0
3. The authority citation for part 116 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277, DHS Delegation 00170.1, Revision No. 01.2,
paragraph (II)(92)(a).
0
4. Amend Sec. 116.115 by adding paragraph (c) to read as follows:
Sec. 116.115 Applicability to existing vessels.
* * * * *
(c) Vessels described by 46 CFR 114.110(f) must comply with the
regulations in Sec. 116.500.
0
5. Amend Sec. 116.500 as follows:
0
a. Redesignate paragraphs (o) through (q) as (p) through (r),
respectively; and
0
b. Add new paragraph (o).
The addition reads as follows:
Sec. 116.500 Means of escape.
* * * * *
(o) Vessels described by 46 CFR 114.110(f) must ensure that the two
means of escape required in paragraph (b) of this section are
unobstructed and not located directly above, or dependent on, a berth.
* * * * *
PART 118--FIRE PROTECTION EQUIPMENT
0
6. The authority citation for part 118 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2,
paragraph (II)(92)(a).
0
7. Amend Sec. 118.400 as follows:
0
a. Redesignate paragraphs (d) through (h) as (e) through (i),
respectively; and
0
b. Add new paragraph (d).
The addition reads as follows:
Sec. 118.400 Where required.
* * * * *
(d) Vessels described by 46 CFR 114.110(e) must have an
interconnected fire detection system in compliance with 46 CFR 181.450
installed in all enclosed areas where passengers and crew have routine
access, including accommodation spaces and machinery spaces.
* * * * *
PART 122--OPERATIONS
0
8. The authority citation for part 122 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.2, paragraph (II)(92)(a).
0
9. Add Sec. 122.364 to subpart C to read as follows:
Sec. 122.364 Use of potentially hazardous items for commercial
purposes.
On vessels described by 46 CFR 114.110(e), flammable items not
covered by the regulations of this subchapter, such as rechargeable
batteries, including lithium ion batteries utilized for commercial
purposes, must be handled, stored, and operated in a way that mitigates
the risk of hazardous conditions.
0
10. Amend Sec. 122.410 as follows:
0
a. Redesignate the introductory text as paragraph (a); and
0
b. Add paragraph (b).
The addition reads as follows:
Sec. 122.410 Watchmen.
* * * * *
(b) Vessels described by 46 CFR 114.110(f) must submit plans to the
cognizant OCMI, in accordance with 46 CFR 115.700, for the installation
and use of monitoring device(s) to ensure the wakefulness of the
watchmen required in paragraph (a) of this section. Vessels with a keel
laid date after March 28, 2022, must include plans for the monitoring
device(s) within the plan submissions required in 46 CFR 116.202. The
Coast Guard will work with the vessel operators to determine a
reasonable implementation schedule once the plans are accepted. The
monitoring device(s) must:
(1) Ensure the wakefulness of the crew in the event that the
watchman required in paragraph (a) of this section is unresponsive;
(2) Remain operable during the nighttime watch; and
(3) Be arranged to ensure proper coverage of the passenger
accommodation spaces, common areas, and spaces with potential fire
hazards.
0
11. Amend Sec. 122.420 as follows:
0
a. Redesignate paragraphs (b) and (c) as paragraphs (c) and (d);
0
b. Add new paragraph (b); and
0
c. In newly redesignated paragraph (c):
0
i. Add the text ``, monthly,'' after the word ``initial''; and
0
ii. Remove the text ``paragraph (a)'' and add in its place the text
``paragraphs (a) and (b)''.
The addition reads as follows:
Sec. 122.420 Crew training.
* * * * *
(b) For a vessel described by 46 CFR 114.100(e), the training
program in paragraph (a) of this section must address firefighting
proficiency and must include, but need not be limited to--
(1) Training in the use and location of firefighting equipment and
general firefighting knowledge, including:
(i) Location of firefighting appliances and emergency escape
routes;
(ii) Types and sources of ignition;
(iii) Flammable materials, fire hazards and spread of fire;
(iv) The need for constant vigilance;
(v) Actions to be taken on board;
(vi) Fire and smoke detection and automatic systems on board; and
(vii) Classification of fire and applicable extinguishing agents.
(2) The drills required by Sec. 122.524, including fire location
and fire type; and
(3) Emergency egress training for each member of the crew, to occur
for all members of the crew--
(i) At least monthly while such members are employed on board the
vessels; and
(ii) Each time a crew member joins the crew of such vessel.
* * * * *
0
12. Add Sec. 122.507 to read as follows:
Sec. 122.507 Passenger egress drills.
(a) The master of a vessel described by 46 CFR 114.110(f) must
conduct passenger emergency egress drills from the passengers' assigned
overnight accommodation spaces prior to beginning an excursion with new
passengers.
(1) If the passengers are not assigned an overnight accommodation
space, the master of a vessel described by 46 CFR 114.110(f) must
conduct passenger emergency egress drills from an accommodation space
prior to beginning an excursion with new passengers.
(2) For the purposes of this section, excursion includes anytime
the vessel gets underway, or anytime passengers remain overnight on the
vessel.
(b) [Reserved]
0
13. Delayed indefinitely, amend Sec. 122.507 by adding paragraph (b)
to read as follows:
Sec. 122.507 Passenger egress drills.
* * * * *
(b) Passenger egress drills must be logged or otherwise documented
for review by the Coast Guard upon request. The drill entry must
include the following information:
(1) Date and time of the drill; and
[[Page 73172]]
(2) Number of drill participants.
0
14. Delayed indefinitely, amend Sec. 122.515 as follows:
0
a. Redesignate paragraph (b) as paragraph (c); and
0
b. Add new paragraph (b).
The addition reads as follows:
Sec. 122.515 Passenger safety bill.
* * * * *
(b) For vessels described by 46 CFR 114.110(f), the master must
post a passenger safety bill in each passenger cabin or stateroom and
in passenger accommodation spaces.
* * * * *
PART 175--GENERAL PROVISIONS
0
15. The authority citation for part 175 is revised 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; DHS Delegation 00170.1,
Revision No. 01.2, paragraph (II)(92)(a); Sec. 175.900 also issued
under 44 U.S.C. 3507.
0
16. Amend Sec. 175.110 by adding paragraphs (c) through (e) to read as
follows:
Sec. 175.110 General applicability.
* * * * *
(c) Irrespective of build date, a vessel to which this subchapter
applies must meet 46 CFR 181.405, 181.450, 181.500, 185.364, and
185.420(b), if it is not a ferry, and if it--
(1) Has overnight accommodations for passengers; or
(2) Is operating on a Coastwise or Oceans route.
(d) Irrespective of build date, a vessel to which this subchapter
applies must meet 46 CFR 177.115(c), 177.500(n), 185.410(b), 185.507,
and 185.515, if it is not a ferry and has overnight accommodations for
passengers.
(e) The requirements outlined in paragraphs (c) and (d) of this
section must be met no later than March 28, 2022, except for:
(1) The requirements to implement 46 CFR 181.405, 181.450, and
181.500, which must be met no later than December 27, 2022; and
(2) The requirements to implement 46 CFR 177.115(c) and 177.500(n),
which must be met no later than December 27, 2023.
0
17. Amend Sec. 175.400 by adding in alphabetical order definitions for
``Listed'' and ``Nationally recognized testing laboratory or NRTL'' to
read as follows:
Sec. 175.400 Definitions of terms used in this subchapter.
* * * * *
Listed means equipment or materials included in a list published by
an organization that is an accepted independent laboratory, as defined
in 46 CFR 159.010, or a nationally recognized testing laboratory, as
set forth in 29 CFR 1910.7, whose listing states that either the
equipment or material meets appropriate designated standards.
* * * * *
Nationally recognized testing laboratory or NRTL means an
organization that the Occupational Safety and Health Administration
(OSHA) has recognized as meeting the requirements in 29 CFR 1910.7.
* * * * *
PART 177--CONSTRUCTION AND ARRANGEMENT
0
18. The authority citation for part 177 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2,
paragraph (II)(92)(a).
0
19. Amend Sec. 177.115 by adding paragraph (c) to read as follows:
Sec. 177.115 Applicability to existing vessels.
* * * * *
(c) Vessels described by 46 CFR 175.110(d) must comply with the
regulations in Sec. 177.500.
0
20. Amend Sec. 177.500 as follows:
0
a. Redesignate paragraphs (n) through (p) as paragraphs (o) through
(q), respectively; and
0
b. Add new paragraph (n).
The addition reads as follows:
Sec. 177.500 Means of escape.
* * * * *
(n) Vessels described by 46 CFR 175.110(d) must ensure that the two
means of escape required in paragraph (b) of this section are
unobstructed and the door, hatch, or scuttle is not located directly
above, or dependent on, a berth.
* * * * *
PART 181--FIRE PROTECTION EQUIPMENT
0
21. The authority citation for part 181 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2,
paragraph (II)(92)(a).
0
22. Amend Sec. 181.405 by revising paragraph (c) to read as follows:
Sec. 181.405 Spaces required to have fire detection systems.
* * * * *
(c) Vessels described by 46 CFR 175.110(c) must have an
interconnected fire detection system in compliance with Sec. 181.450
installed in all enclosed areas where passengers and crew have routine
access, including accommodation spaces and machinery spaces.
* * * * *
0
23. Revise Sec. 181.450 to read as follows:
Sec. 181.450 Interconnected detection and alarm system.
(a) An interconnected detection and alarm system must:
(1) Consist of multiple-station smoke detectors listed by an NRTL,
or independent laboratory accepted by the Commandant according to 46
CFR subpart 159.010, as meeting UL 217 (incorporated by reference, see
46 CFR 175.600);
(2) Be installed such that the actuation of alarm in one area
results in both audible and visual alarms in all areas required by 46
CFR 181.405(c) or 118.400(d) to be protected by the interconnected
detection and alarm system;
(3) Contain an independent power source; and
(4) Alarm on low power.
(b) A fire detection and alarm system of an approved type installed
in accordance with 46 CFR part 76 would satisfy the requirements of
this section.
PART 185--OPERATIONS
0
24. The authority citation for part 185 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 6101; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No.
01.2, paragraph (II)(92)(a).
0
25. Add Sec. 185.364 to subpart C to read as follows:
Sec. 185.364 Use of potentially hazardous items for commercial
purposes.
On vessels described by 46 CFR 175.110(c), flammable items not
otherwise covered by the regulations of this subchapter, such as
rechargeable batteries, including lithium ion batteries utilized for
commercial purposes, must be handled, stored, and operated in a way
that mitigates the risk of hazardous conditions.
0
26. Amend Sec. 185.410 as follows:
0
a. Redesignate the introductory text as paragraph (a); and
0
b. Add paragraph (b).
The addition reads as follows:
Sec. 185.410 Watchmen.
* * * * *
(b) Vessels described by 46 CFR 175.110(d) must submit plans to the
cognizant OCMI, in accordance with 46 CFR 176.700, for the installation
and use of monitoring device to ensure the
[[Page 73173]]
wakefulness of the watchmen required in paragraph (a) of this section.
Vessels with a keel laid date after March 28, 2022, must include plans
for the monitoring device(s) within the plan submissions required in 46
CFR 177.202. The Coast Guard will work with the vessel operators to
determine a reasonable implementation schedule once the plans are
accepted. The monitoring device(s) must:
(1) Ensure the wakefulness of the crew in the event that the
watchman required in paragraph (a) of this section is unresponsive;
(2) Remain operable during the nighttime watch; and
(3) Be arranged to ensure proper coverage of the passenger
accommodation spaces, common areas, and spaces with potential fire
hazards.
0
27. Amend Sec. 185.420 as follows:
0
a. Redesignate paragraphs (b) and (c) as paragraphs (c) and (d);
0
b. Add new paragraph (b); and
0
c. In newly redesignated paragraph (c):
0
i. Add the text ``, monthly,'' after the word ``initial''; and
0
ii. Remove the text ``paragraph (a)'' and add, in its place, the text
``paragraphs (a) and (b)''.
The addition reads as follows:
Sec. 185.420 Crew training.
* * * * *
(b) For a vessel described by 46 CFR 175.110(c), the training
program in paragraph (a) of this section must address firefighting
proficiency and must include, but need not be limited to--
(1) Training in the use and location of firefighting equipment and
general firefighting knowledge, including:
(i) Location of firefighting appliances and emergency escape
routes;
(ii) Types and sources of ignition;
(iii) Flammable materials, fire hazards and spread of fire;
(iv) The need for constant vigilance;
(v) Actions to be taken on board;
(vi) Fire and smoke detection and automatic systems on board; and
(vii) Classification of fire and applicable extinguishing agents.
(2) The drills required by Sec. 185.524, including fire location
and fire type; and
(3) Emergency egress training for each member of the crew, to occur
for all members of the crew--
(i) At least monthly while such members are employed on board the
vessels; and
(ii) Each time a crew member joins the crew of such vessel.
* * * * *
0
28. Add Sec. 185.507 to read as follows:
Sec. 185.507 Passenger egress drills.
(a) The master of a vessel described by 46 CFR 175.110(d) must
conduct passenger emergency egress drills from the passengers' assigned
overnight accommodation spaces prior to beginning an excursion with new
passengers.
(1) If the passengers are not assigned an overnight accommodation
space, the master of a vessel described by 46 CFR 175.110(d) must
conduct passenger emergency egress drills from an accommodation space
prior to beginning an excursion with new passengers.
(2) For the purposes of this section, excursion includes anytime
the vessel gets underway, or anytime passengers remain overnight on the
vessel.
(b) [Reserved]
0
29. Delayed indefinitely, amend Sec. 185.507 by adding paragraph (b)
to read as follows:
Sec. 185.507 Passenger egress drills.
* * * * *
(b) Passenger egress drills must be logged or otherwise documented
for review by the Coast Guard upon request. The drill entry must
include the following information:
(1) Date and time of the drill; and
(2) Number of drill participants.
0
30. Add Sec. 185.515 to read as follows:
Sec. 185.515 Passenger safety bill.
(a) [Reserved]
(b) Each passenger safety bill required by this section must list:
(1) The embarkation station and the number and location of the
survival craft to which each passenger is assigned, if applicable;
(2) The fire and emergency signal and the abandon ship signal;
(3) Essential action that must be taken in an emergency; and
(4) If immersion suits are provided for passengers, the location of
the suits and illustrated instructions on the method of donning the
suits.
0
31. Delayed indefinitely, amend Sec. 185.515 by adding paragraph (a)
to read as follows:
Sec. 185.515 Passenger safety bill.
(a) On vessels described by 46 CFR 175.110(d), a passenger safety
bill must be posted by the master in each cabin or stateroom, and in
passenger accommodation spaces.
* * * * *
Dated: December 15, 2021.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-27549 Filed 12-23-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.