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DHS/USCG | RIN: 1625-AB20 | Publication ID: Fall 2008 |
Title: Passenger and Inspected Vessel Stability Requirements (USCG-2007-0030) | |
Abstract: The Coast Guard proposes developing a rule that addresses both the stability calculations and the environmental operating requirements for certain domestic passenger vessels. The proposed rule would address the outdated per-person weight averages that are currently used in stability calculations for certain domestic passenger vessels. In addition, the proposed rule would add environmental operating requirements for domestic passenger vessels that could be adversely affected by sudden inclement weather. This rulemaking would increase passenger safety by significantly reducing the risk of certain types of passenger vessels capsizing due to either passenger overloading or operating these vessels in hazardous weather conditions. Market or Regulatory Failure Analysis: These regulations need to be updated to reflect current passenger weights. Standards are often set because owners and operators cannot internalize the benefits of appropriate safety standards. The commercial passenger vessel industry is not capable of voluntarily establishing uniform, nationwide standards for passenger weight. Failure to update the standards to reflect accurate, current passenger weights places passenger vessels at greater risk of capsizing. This NPRM would support the Coast Guard's strategic goal of maritime safety. | |
Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 46 CFR 115 46 CFR 116 46 CFR 122 46 CFR 170 46 CFR 171 46 CFR 176 46 CFR 178 46 CFR 185 46 CFR 114 46 CFR 175 46 CFR 179 | |
Legal Authority: 33 USC 1321(j) 43 USC 1333 46 USC 2103, 3205, 3306, 3307, 3703, 6101 49 USC App 1804 EO 11735 EO 12234 Dept of Homeland Security Delegation No. 0170.1 |
Legal Deadline:
None |
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Statement of Need: Coast Guard regulations use an assumed average weight per person to calculate the maximum number of passengers and crew permitted on each deck. This assumed weight was established in the 1960s and is 160 pounds per person, except that vessels operating exclusively on protected waters carrying a mix of men, women, and children may use an average of 140 pounds. A recent report from the National Health and Nutrition Examination Survey (NHANES) program of the National Center for Health Statistics shows that there has been a significant increase in the average weights of the U.S. population between 1960 and 2002. Accordingly, the Coast Guard is updating the average passenger weight used in stability tests and evaluations for those vessels that may be at risk of capsizing due to excessive passenger weight. |
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Summary of the Legal Basis: The authority for the Coast Guard to prescribe, change, revise, or amend these regulations is provided under 33 U.S.C. 1321(j); 43 U.S.C. 1333; 46 U.S.C. 2103, 3205, 3306, 3307, 3703, and 6101; 49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971 to 1975 Comp., p. 743; E.O. 12234; 45 FR 58801, 3 CFR, 1980 Comp., p. 277; and Department of Homeland Security Delegation No. 0170.1. |
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Alternatives: The Coast Guard advised mariners through a Federal Register notice on April 26, 2006 (71 FR 24732) to voluntarily follow revised procedures to account for increased passenger weight when calculating the maximum number of persons permitted on board. The notice advised owners and operators of all pontoon vessels, and small passenger vessels not more than 65 feet in length, that met simplified stability requirements using either 140 or 160 pounds, to voluntarily restrict the maximum number of passengers permitted on board by: (1) Changing passenger capacity to a reduced number by dividing the total test weight by 185 pounds; or (2) changing passenger capacity to a reduced number equal to 140 divided by 185 times the current number of passengers permitted to be carried. If the total test weight was based on 160 pounds per person, the multiplier may be taken as 160 divided by 185; or (3) weighing persons and effects at dockside prior to boarding and limiting the actual load to the total test weight used in the vessels SST or PSST. On November 2, 2006, the Coast Guard published a second notice in the Federal Register clarifying the environmental conditions appropriate for operation of small passenger vessels (71 FR 64546). Guidance, though, does not carry the force of law. A regulatory solution is necessary to enact changes to the mandatory passenger weight limitations. The Coast Guard also considered the option of directing Officers in Charge, Marine Inspection, pursuant to 46 CFR 178.210(c), to use a current assumed average passenger weight in stability tests for vessels under 65 feet in length. As with guidance, though, a policy directive is not enforceable and a regulatory change is necessary. |
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Anticipated Costs and Benefits: We estimate the non-discounted first-year and recurring costs of this proposed rule to be about $10 million and $2.5 million, respectively. We estimate the annualized cost over the ten-year period at about $3.5 million per year at either a seven percent or a three percent discount rate. We estimate the total discounted ten-year cost of this rulemking to be $24.6 million at a seven percent discount rate and $28.7 million at a three percent discount rate. These cost estimates may change through further development of the rulemaking and after consideration of public comments. The anticipated benefit is aligning regulation with the actual average passenger weight. We anticipate the revised weight standards would improve stability and reduce the risk of capsizings due either to passenger overloading or operating certain vessels in hazardous weather conditions, but have not assessed the extent of the risk reduction. |
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Risks: Passenger vessel capsizings can involve significant loss of life and property. This rulemaking would reduce the risk of such incidents by updating the average passenger weight used in stability tests and evaluations of certain vessels. Consequently, this rulemaking would increase passenger safety and supports the Coast Guard's strategic goal of maritime safety. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: Yes | |
Agency Contact: LT Alfred J. Giordano Program Manager Department of Homeland Security U.S. Coast Guard Office of Design and Engineering Standards, Human Element & Ship Design Div. (CG-5212), 2100 Second Street SW., STOP 7126, Washington, DC 20593-7126 Phone:202 372-1362 Email: alfred.j.giordano@uscg.mil |