[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Page 16659]
[FR Doc No: 2017-06742]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aviation
Research Grants Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. The FAA Aviation Research and Development
Grants Program establishes uniform policies and procedures for the
award and administration of research grants to colleges, universities,
not for profit organizations, and profit organizations for security
research. The collection of data is required from prospective grantees
in order to adhere to applicable statues and OMB circulars.

DATES: Written comments should be submitted by May 5, 2017.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0559.
    Title: Aviation Research Grants Program.
    Form Numbers: SF-3881, 9550-5, SF-425, SF-424, SF-270.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on December 14, 2016 (81 FR 90409). There were no
comments. This program implements OMB Circular A-110, Public Law 101-
508, Section 9205 and 9208 and Public Law 101-604, Section 107(d).
Information is required from grantees for the purpose of grant
administration and review in accordance with applicable OMB circulars.
The information is collected through a solicitation that has been
published by the FAA. Prospective grantees respond to the solicitation
using a proposal format outlined in the solicitation in adherence to
applicable FAA directives, statutes, and OMB circulars.
    Respondents: Approximately 100 grantees.
    Frequency: On occasion.
    Estimated Average Burden per Response: 6.5 hours.
    Estimated Total Annual Burden: 650 hours.

    Issued in Washington, DC, on March 29, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy &
Records Management Branch, ASP-110.
[FR Doc. 2017-06742 Filed 4-4-17; 8:45 am]
 BILLING CODE 4910-13-P


figure 2-1, paragraph (34)(d) of the Instruction, and under section
6(a) of the ``Appendix to National Environmental Policy Act: Coast
Guard Procedures for Categorical Exclusions, Notice of Final Agency
Policy'' (67 FR 48244, July 23, 2002).'' This rule amends regulations
concerning inspection and documentation of vessels, and particularly
those governing the stability of passenger vessels and the maximum
number of people that may safely be permitted on board. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects

46 CFR Parts 71, 114, 175, 185

    Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.

46 CFR Parts 115 and 176

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

46 CFR Part 122

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

46 CFR Parts 170 and 174

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

46 CFR Parts 171 and 179

    Marine safety, Passenger vessels, Incorporation by reference.

46 CFR Part 172

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

46 CFR Part 178

    Marine safety, Passenger vessels.

0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR parts 71, 114, 115, 122, 170, 171, 172, 174, 175, 176, 178, 179,
and 185 as follows:

PART 71--INSPECTION AND CERTIFICATION

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.

Sec.  71.50-1  [Amended]

0
2. In Sec.  71.50-1, in the definition for ``Drydock examination'',
after the words ``and appurtenances'', add the words ``, including
verification of the accuracy of draft marks if not already verified at
a previous drydock examination.''
0
3. Revise the heading to subpart 71.75 to read as follows:

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

Sec.  71.75-1  [Amended]

0
4. In Sec.  71.75-1(a), after the word ``on'', add the words ``or
certificated for''.

Sec.  71.75-5  [Amended]

0
5. In Sec.  71.75-5--
0
a. In paragraph (a), after the word ``on'', add the words ``or
certificated for'', and immediately before the word ``Passenger'', add
the word ``SOLAS'';
0
b. In paragraph (b), after the words ``vessels on'', add the words ``or
certificated for''; and after the words ``international voyage'', add
the words ``in addition to the applicable requirements of SOLAS.''

PART 114--GENERAL PROVISIONS

0
6. Revise the authority citation for part 114 to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security
Delegation No. 0170.1; Sec.  114.900 also issued under 44 U.S.C.
3507.

0
7. In Sec.  114.400(b)--
0
a. Remove ``; or'' from the end of paragraph (2) of the definition of
``Length'' and add a period in its place;
0
b. Remove paragraph (3) from the definition of ``Length''; and
0
c. Add, in alphabetical order, a definition for ``Variable load'' to
read as follows:

Sec.  114.400  Definition of terms used in this subchapter.

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

PART 115--INSPECTION AND CERTIFICATION

0
8. Revise the authority citation for part 115 to read as follows:

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

0
9. In Sec.  115.110, revise paragraphs (d)(2) and (d)(3), and add new
paragraph (d)(4) to read as follows:

Sec.  115.110  Routes permitted.

* * * * *
    (d) * * *
    (2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
maneuverability, and other characteristics;
    (3) The suitability of the vessel for night-time operations; and
    (4) The suitability of the vessel for use in all environmental
conditions.

0
10. Revise Sec.  115.112 to read as follows:

Sec.  115.112  Total persons permitted.

    The cognizant Officer in Charge, Marine Inspection (OCMI)
determines the total number of persons permitted to be carried on a
vessel. In determining the total number of persons, the OCMI may
consider the total weight of passengers, crew, and variable loads;
stability restrictions and subdivision requirements of the vessel; the
vessel's route, general arrangement, means of escape, and lifesaving
equipment; minimum manning requirements; and the maximum number of
passengers permitted in accordance with Sec.  115.113 of this subpart.

0
11. In Sec.  115.610(a), add a sentence at the end of the paragraph to
read as follows:

Sec.  115.610  Scope of drydock and internal structural examinations.

    (a) * * * The accuracy of draft or loading marks, if required by
Sec.  122.602 of this subpart, must be verified if not already verified
at construction or a previous drydock examination.
* * * * *

Sec.  115.900  [Amended]

0
12. In Sec.  115.900(a), after the word ``which'', add the words ``is
certificated for or''; remove the word ``an''; and remove the word
``voyage'' and add, in its place, the word ``voyages''.

Sec.  115.910  [Amended]

0
13. In Sec.  115.910(a), in the second sentence, remove the word
``issues'' and add, in its place, the words ``authorizes the cognizant
Officer in Charge, Marine Inspection (OCMI) to issue''; and in the last
sentence, after the word ``will'', add the words ``authorize the
cognizant OCMI to''.

Sec.  115.920  [Amended]

0
14. In Sec.  115.920(d), in the first sentence, after the word
``will'', add the words ``authorize the cognizant OCMI to'', and in the
second sentence, after the word ``Commandant'', remove the word
``shall'' and add the words ``will authorize the cognizant OCMI to''.

Sec.  115.930  [Amended]

0
15. In Sec.  115.930, in the last sentence, remove the words
``Commandant will indicate the'' and after the word ``equivalent'', add
the words ``must be indicated''.

PART 122--OPERATIONS

0
16. The authority citation for part 122 continues to read as follows:

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

0
17. In Sec.  122.304, revise paragraph (a)(3) to read as follows:

Sec.  122.304  Navigation underway.

    (a) * * *
    (3) Prevailing and forecasted visibility and environmental
conditions, including wind and waves;
* * * * *

0
18. In Sec.  122.315, designate the existing paragraph as paragraph
(a), and add paragraph (b) to read as follows:

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

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

Sec.  122.602  [Amended]

0
19. In Sec.  122.602--
0
a. In paragraph (c), remove the words ``that complies with the
stability requirements of Sec. Sec.  170.170, 170.173, 171.050,
171.055, and 171.057 of this chapter or with Sec.  178.310 of this
chapter'';
0
b. Remove paragraph (b); and
0
c. Redesignate paragraphs (c) through (g) as paragraphs (b) through
(f).

PART 170--STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS

0
20. The authority citation for part 170 continues to read as follows:

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

0
21. Revise Sec.  170.001(a) to read as follows:

Sec.  170.001  Applicability.

    (a) This subchapter applies to each vessel that is--
    (1) Contracted for on or after March 11, 1996, except where
specifically stated otherwise; and
    (2) Either--
    (i) Inspected under another subchapter of this chapter, or is a
foreign vessel that must comply with the requirements in subchapter O
of this chapter; or
    (ii) Required by either subchapter C or subchapter E of this
chapter to meet applicable requirements contained in this subchapter.
* * * * *

0
22. Revise Sec.  170.015 to read as follows:

Sec.  170.015  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at
the Coast Guard, Office of Design and Engineering Standards (CG-521),
2100 2nd St., SW., Stop 7126, Washington, DC 20593-7126, and is
available from the sources listed below.
    (b) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM F 1196-00, Standard Specification for Sliding Watertight
Door Assemblies, 2008, incorporation by reference (IBR) approved for
Sec.  170.270.
    (2) ASTM F 1197-00, Standard Specification for Sliding Watertight
Door Control Systems, 2007, IBR approved for Sec.  170.270.
    (c) Naval Publications and Forms Center, Code 1052, 5801 Tabor
Avenue, Philadelphia, PA 19120.
    (1) MIL-P-21929B, Military Specification, Plastic Material,
Cellular

Polyurethane, Foam-in-Place, Rigid (2 Pounds per Cubic Foot), 15
January 1991, IBR approved for Sec.  170.245.
    (2) [Reserved]
    (d) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Resolution MSC.216(82), Adoption of Amendments to the
International Convention for the Safety of Life At Sea, 1974, As
Amended (IMO Res. MSC.216(82), Adopted on 8 December 2006, IBR approved
for Sec. Sec.  170.140 and 170.248.
    (2) Resolution MSC 267(85), Adoption of the International Code on
Intact Stability, 2008 (2008 IS Code), Adopted on 4 December 2008, IBR
approved for Sec.  170.165.

0
23. In Sec.  170.055--
0
a. Redesignate paragraphs (e) through (w) as paragraphs (g) through
(y), respectively, and redesignate paragraphs (a) through (d) as
paragraphs (b) through (e), respectively, and;
0
b. Add new paragraphs (a) and (f); and
0
c. Revise redesignated paragraph (k) to read as follows:

Sec.  170.055  Definitions concerning a vessel.

    (a) Assumed average weight per person means the weight calculated
in accordance with Sec.  170.090 of this part.
* * * * *
    (f) Constructed means the date--
    (1) The vessel's keel was laid; or
    (2) Construction identifiable with the vessel began and assembly of
that vessel commenced comprising of 50 metric tons or at least 1
percent of the estimated mass of all structural material, whichever is
less.
* * * * *
    (k) Lightweight means the displacement of a vessel with fixed
ballast and with machinery liquids at operating levels but without any
cargo, stores, consumable liquids, water ballast, or persons and their
effects.
* * * * *

Sec.  170.070  [Amended]

0
24. In Sec.  170.070(b) introductory text, after the word ``OCMI'', add
the words ``, or regulations by which the vessel is inspected require
their application:''.

Sec.  170.075  [Amended]

0
25. In Sec.  170.075(a), remove the words ``or four copies for plan
review being conducted by the American Bureau of Shipping (ABS)''.

Sec.  170.080  [Amended]

0
26. In Sec.  170.080, remove the words ``or four copies for plan review
being conducted by the ABS.''.

Sec.  170.085  [Amended]

0
27. In Sec.  170.085, remove the words ``or the ABS''.
0
28. In Sec.  170.090, revise paragraph (a), and add paragraphs (c),
(d), (e), (f), and (g) to read as follows:

Sec.  170.090  Calculations.

    (a) All calculations required by this subchapter must be submitted
with the plans required by Sec.  170.075 of this subpart. Calculations
must account for the weight of all loads carried aboard the vessel.
* * * * *
    (c) The assumed weight per person for calculations showing
compliance with the regulations of this subchapter must be
representative of the passengers and crew aboard the vessel while
engaged in the service intended. Unless the Officer in Charge, Marine
Inspection (OCMI) permits or requires the use of other values in
writing, the assumed weight per person of passengers and crew must not
be less than that the Assumed Average Weight per Person (AAWPP)
calculated in accordance with paragraphs (d) and (e) of this section.
    (d)(1) The AAWPP is 185 lb from December 1, 2011 until the AAWPP is
first updated pursuant to the provisions of this section. As of the
effective date of the first AAWPP update after December 1, 2011, this
paragraph (d)(1) will be superseded and cease to be effective.
    (2) The formula in paragraph (e) of this section will be used to
determine an update to the AAWPP. It requires the use of data in the
most recent report released by the Centers for Disease Control and
Prevention (CDC) through the National Center for Health Statistics
(NCHS), or any successors to those centers. This report can be found on
the CDC's Web site.
    (3) Each time the CDC releases a report containing mean weights of
United States adult males and females, the Coast Guard will apply the
formula in paragraph (e) of this section to that data. The resulting
value will become the new AAWPP only if the sum equals or exceeds 10
pounds more than the AAWPP then in effect. The Coast Guard will notify
the public of the new AAWPP in the Federal Register and other
appropriate media.
    (4) Updates to the AAWPP used in calculations showing compliance
with this subchapter will be promulgated as interpretive rules and
become effective in accordance with the provisions of this section
without further rulemaking procedures.
    (5) Notwithstanding any other provisions of this section, the Coast
Guard may choose, in its discretion, to conduct further rulemaking
procedures at any time to amend this subchapter, including updates of
the AAWPP.
    (6) Updates to the AAWPP used in calculations showing compliance
with this subchapter will be published in a separate Federal Register
notice and other appropriate media, except when the Coast Guard
conducts further rulemaking procedures under paragraph (d)(5) of this
section.
    (7) Notwithstanding any other provisions of this section, the Coast
Guard may choose, in its discretion, to delay or dispense with any
update of the AAWPP. In the event the Coast Guard elects to dispense
with or delay an update that would otherwise issue as an interpretive
rule pursuant to the provisions of this section, the Coast Guard will
inform the public of the decision and explain the reasons in a Federal
Register notice.
    (e) To obtain an AAWPP update, add the mean weight of all U.S.
males aged 20 years and older to the mean weight of all U.S. females
aged 20 years and older, and divide the sum by 2. To this average of
the mean weights, add 7.5 pounds of assumed clothing weight, and round
the resulting sum to the nearest whole number in pounds.
    (f) Updates to the AAWPP will become effective beginning one
calendar year after publication in the Federal Register of a notice
described in paragraphs (d)(3) and (d)(6) of this section, except the
initial AAWPP issued pursuant to paragraph (d)(1) of this section will
become effective on December 1, 2011. Notwithstanding any other
provisions of this title, the Coast Guard may implement updates to the
AAWPP at any time with less than one year of public notice when
required for public safety reasons.
    (g) The most recent Federal Register notice that publishes the
AAWPP as determined by this section is also on file at the U.S. Coast
Guard, Office of Design and Engineering Standards (CG-521), 2100 2nd
St., SW., Stop 7126, Washington DC 20593-7126, or go to: http://www.uscg.mil/hq/cg5/cg5212.asp.

Sec.  170.093  [Amended]

0
29. In Sec.  170.093, remove the last sentence.

Sec.  170.100  [Amended]

0
30. In Sec.  170.100, remove paragraphs (c) and (d).

0
31. Add Sec.  170.105(b)(5) to read as follows:

Sec.  170.105  Applicability.

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

Sec.  170.110  [Amended]

0
32. In Sec.  170.110(b), remove the words ``or the ABS''.

Sec.  170.120  [Amended]

0
33. In Sec.  170.120(a), remove the words ``or the ABS''.

Sec.  170.135  [Removed and Reserved]

0
34. Remove and reserve Sec.  170.135.
0
35. Add Sec.  170.140 to subpart D to read as follows:

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

    (a) This section applies to each vessel that is--
    (1) Constructed on or after January 1, 2009; and
    (2) Issued either a SOLAS Passenger Ship Safety Certificate or a
SOLAS Cargo Ship Safety Construction Certificate.
    (b) In addition to the information required in Sec.  170.110 of
this part, the stability booklet of each vessel to which this section
applies must contain the information required by applicable regulations
of IMO Res. MSC.216(82) (incorporated by reference, see Sec.  170.015).
    (c) As used in SOLAS chapter II-1, Administration means the
Commandant, U.S. Coast Guard.

0
36. Revise the heading of subpart E to read as follows:

Subpart E--Intact Stability Criteria

0
37. In Sec.  170.160, revise paragraphs (a) and (c)(3) and add
paragraph (d) to read as follows:

Sec.  170.160  Specific applicability.

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

0
38. Add Sec.  170.165 to read as follows:

Sec.  170.165  International Code on Intact Stability.

    (a) Each vessel issued one or more of the certificates listed in
paragraphs (a)(1) through (4) of this section, must comply with the
Introduction and Part A of the International Code on Intact Stability,
2008 (2008 IS Code), unless permitted otherwise (incorporated by
reference, see Sec.  170.015).
    (1) International Load Line Certificate.
    (2) SOLAS Passenger Ship Safety Certificate.
    (3) SOLAS Cargo Ship Safety Construction Certificate.
    (4) High-speed Craft Safety Certificate.
    (b) A vessel not subject to the requirements of paragraph (a) of
this section is permitted to comply with the applicable criteria
contained in the 2008 IS Code as an alternative to the requirements of
Sec. Sec.  170.170 and 170.173 of this part.

0
39. In Sec.  170.170:
0
a. Revise the section heading to read as set forth below;
0
b. In the first sentence of paragraph (d), add the words ``the
conditions of loading and operation of'' after the words ``application
to'';
0
c. In the first sentence of paragraph (d), remove the words ``that
carry cargo below the main deck'' and add, in their place, ``for which
the righting arm (GZ) at the angle (T), calculated after the vessel is
permitted to trim free until the trimming moment is zero, is not less
than the minimum metacentric height (GM) calculated in paragraph (a) of
this section multiplied by sin(T)''; and
0
d. In the second sentence of paragraph (d), remove the words ``or the
ABS''.

Sec.  170.170  Weather criteria.

* * * * *

Sec.  170.173  [Amended]

0
40. In Sec.  170.173(a) introductory text, remove the words ``or the
ABS''.

Sec.  170.175  [Amended]

0
41. In Sec.  170.175:
0
a. In paragraph (b) remove the words ``or ABS''; and
0
b. In paragraphs (c) and (d) remove the words ``or the ABS''.

Sec.  170.180  [Amended]

0
42. In Sec.  170.180 introductory text, remove the words ``or ABS'' in
both places where it appears.

Sec.  170.185  [Amended]

0
43. In Sec.  170.185(b), remove the words ``or the ABS''.

Sec.  170.190  [Amended]

0
44. In Sec.  170.190, remove the words ``or ABS''.

Sec.  170.235  [Amended]

0
45. In Sec.  170.235(b), remove the words ``or the ABS''.

0
46. In Sec.  170.248, revise paragraph (a) and add paragraph (d) to
read as follows:

Sec.  170.248  Applicability.

    (a) Except as provided in paragraphs (b) through (d) of this
section, this subpart applies to vessels with watertight doors in
bulkheads that have been made watertight to comply with the flooding or
damage stability regulations in this subchapter.
* * * * *
    (d) Unless permitted otherwise, each vessel constructed on or after
January 1, 2009 and issued a SOLAS Passenger Ship Safety Certificate or
a SOLAS Cargo Ship Safety Construction Certificate must comply with the
applicable regulations of IMO Res. MSC.216(82) in addition to the
requirements of this subpart (IMO Res. MSC.216(82) incorporated by
reference, see Sec.  170.015).

PART 171--SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS

0
47. The authority citation for part 171 continues to read as follows:

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

0
48. In Sec.  171.001, revise paragraph (a), and add paragraphs (c) and
(d) to read as follows:

Sec.  171.001  Applicability.

    (a) Except as provided in paragraph (d) of this section, this part
applies to passenger vessels inspected under subchapter K or H of this
chapter, or a passenger vessel the stability of which is questioned by
the Officer in Charge, Marine Inspection (OCMI).
* * * * *
    (c) Specific sections of this part may also apply to a small
passenger vessel inspected under subchapter T of this chapter. The
specific sections are listed in subparts B and C of part 178 of this
chapter and in subpart B of part 179 of this chapter.
    (d) Unless permitted otherwise, a passenger vessel constructed on
or after January 1, 2009, and issued a SOLAS Passenger Ship Safety
Certificate must meet the applicable requirements of IMO Res.
MSC.216(82) (incorporated by

reference, see Sec.  171.012), instead of the requirements of this
part. For the purposes of this section, the applicable requirements of
IMO Res. MSC.216(82) are equivalent to the requirements of this part
when applied to such vessels.

0
49. Add new Sec.  171.012 to read as follows:

Sec.  171.012  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at
the Coast Guard, Office of Design and Engineering Standards, Naval
Architecture Division (CG-5212), 2100 2nd St., SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed
below.
    (b) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Resolution MSC.216(82), Amendments to the International
Convention for the Safety of Life At Sea, 1974, As Amended (IMO Res.
MSC.216(82), Adopted on 8 December 2006, incorporation by reference
(IBR) approved for Sec. Sec.  171.001 and 171.080.
    (2) Resolution MSC 267(85), Adoption of the International Code on
Intact Stability, 2008 (2008 IS Code), Adopted on 4 December 2008, IBR
approved for Sec.  171.050.

0
50. Add the heading of subpart B to read as follows:

Subpart B--Intact Stability

Subpart C--[Amended]

0
51. Remove the heading for subpart C and transfer Sec. Sec.  171.045,
171.050, 171.055, and 171.057 to subpart B.

0
52. Revise Sec.  171.045 to read as follows:

Sec.  171.045  Weight of passengers and crew.

    (a) This section applies to each vessel, regardless of when
constructed.
    (b) Compliance with the intact stability requirements applicable to
each vessel, using a total weight of passengers and crew carried, is
based upon an Assumed Average Weight per Person, which is determined in
accordance with Sec.  170.090 of this chapter.

0
53. Revise Sec.  171.050 to read as follows:

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

    (a) Each mechanically propelled or non-self propelled vessel other
than a pontoon vessel must be shown by design calculations, in each
condition of loading and operation, to have a metacentric height (GM)
in feet (meters) of not less than the value given by the following
equation:

GM = [(W/[Delta])(\2/3\)(b)]/(tan(T))

Where--
[Delta] = displacement of the vessel in long (metric) tons.
W = total weight in long (metric) tons of persons other than
required crew, including personal effects of those persons expected
to be carried on the vessel.
T = 14 degrees or the angle of heel at which the deck edge is first
submerged, whichever is less; and
b = distance in feet (meters) from the centerline of the vessel to
the geometric center of the passenger deck on one side of the
centerline.

    (b) The criteria specified in paragraph (a) of this section are
limited in application to the conditions of loading and operation of
vessels for which the righting arm (GZ) at the angle (T), calculated
after the vessel is permitted to trim free until the trimming moment is
zero, is not less than the minimum metacentric height (GM) calculated
in paragraph (a) of this section multiplied by sin(T). In conditions
not meeting this requirement, the Coast Guard Marine Safety Center
requires calculations in addition to those in this section.
    (c) A vessel that complies with the requirements for passenger
ships contained in the International Code of Intact Stability, 2008
(2008 IS Code) (incorporated by reference, see Sec.  171.012) need not
comply with paragraphs (a) or (b) of this section. Vessels complying
with the 2008 IS Code must use the Assumed Average Weight per Person
obtained according to Sec.  170.090 of this title to be exempt from the
other requirements of this section.

0
54. Add new Sec.  171.052 to subpart B to read as follows:

Sec.  171.052  Passenger heel requirements for pontoon vessels.

    (a) Each pontoon vessel, in each condition of loading and
operation, must have an area under the righting arm curve from the
angle of equilibrium to an angle of 40 degrees, the downflooding angle,
or the angle of the maximum righting arm, whichever is less, of at
least:
    (1) For operation on exposed or partially protected waters--
    (i) 10 foot-degrees with a crowding density of 5 square feet per
person (2.15 persons per square meter); and
    (ii) 7 foot-degrees with a crowding density of 2 square feet per
person (5.38 persons per square meter); and
    (2) For operation on protected waters--
    (i) 5 foot-degrees with a crowding density of 5 square feet per
person (2.15 persons per square meter); and
    (ii) 2 foot-degrees with a crowding density of 2 square feet per
person (5.38 persons per square meter).
    (b) When assessing compliance with the criteria of this section,
passengers are assumed to be distributed in all areas accessible to
passengers so as to produce the most unfavorable combination of heel
and trim.

0
55. Add a new heading for subpart C, above Sec.  171.060, to read as
follows:

Subpart C--Subdivision and Damage Stability

Sec.  171.060  [Amended]

0
56. In Sec.  171.060(a) introductory text, remove the words ``or Sec.
171.075 for Type III subdivision''.

Sec.  171.065  [Amended]

0
57. In Sec.  171.065(b)(2), remove the second equation, ``Y = (M + 2P)/
(V + P1-P)'' and add, in its place, the equation ``Y = (M + 2P1)/(V +
P1-P)''.

Sec.  171.070  [Amended]

0
58. In Sec.  171.070 revise the introductory text of paragraph (e)(1)
to read as follows:

Sec.  171.070  Subdivision requirements--Type II.

* * * * *
    (e) * * *
    (1) Unless otherwise permitted, if the LBP of the vessel is 143
feet (43.5 meters) or more, or the vessel makes international voyages,
each main transverse watertight bulkhead must be at least 10 feet (3
meters) plus 3 percent of the vessel's LBP from--
* * * * *

Sec.  171.075  [Removed and Reserved]

0
59. Remove and reserve Sec.  171.075.

Sec.  171.080  [Amended]

0
60. In Sec.  171.080--
0
a. In paragraph (f)(4)(i), remove ``w = passenger weight = 75
kilograms,'' and

add, in its place, ``w = passenger weight used for calculations as
determined in accordance with Sec.  170.090(c) of this chapter'';
0
b. Revise paragraph (f)(4)(ii)(A) to read as set forth below; and
0
c. In the heading to paragraph (g), after the word ``vessels'', add the
words ``constructed before January 1 2009'', and in paragraph (g) text,
remove the words ``chapter II-1, part B, regulation 8'' and, in their
place, add the words ``the applicable regulations of IMO Res.
MSC.216(82) (incorporated by reference, see Sec.  171.012)''.

Sec.  171.080  Damage stability standards for vessels with Type I or
Type II subdivision.

* * * * *
    (f) * * *
    (4) * * *
    (ii) * * *
    (A) The weight of each passenger is the weight used for
calculations as determined in accordance with Sec.  170.090(c) of this
chapter;
* * * * *

Sec.  171.082  [Removed]

0
61. Remove Sec.  171.082.

PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES

0
62. The authority citation for part 172 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; Department of Homeland Security
Delegation No. 0170.1.

0
63. Revise Sec.  172.020 to read as follows:

Sec.  172.020  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at
the Coast Guard, Office of Design and Engineering Standards, Naval
Architecture Division (CG-5212), 2100 2nd St., SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed
below.
    (b) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Amendment to Chapter VI of the International Convention for the
Safety of Life at Sea, 1960, Resolution A.264(VIII), incorporation by
reference (IBR) approved for Sec.  172.015.
    (2) Publication No. 240-E, International Code for the Safe Carriage
of Grain in Bulk, IBR approved for Sec.  172.015.
    (3) Resolution MEPC.117(52), Amendments to the Annex of the
Protocol of 1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973 (IMO Res. MEPC.117(52)),
Adopted on 15 October 2004, IBR approved for Sec.  172.070.

0
64. Revise Sec.  172.070 to read as follows:

Sec.  172.070  Intact stability.

    All tank vessels of 5,000 deadweight tons (DWT) and above,
contracted after December 3, 2001, must comply with the intact
stability requirements of IMO Res. MEPC.117(52) (incorporated by
reference, see Sec.  172.020).

PART 174--SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES

0
65. The authority citation for part 174 continues to read as follows:

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

0
66. Revise Sec.  174.007 to read as follows:

Sec.  174.007  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at
the Coast Guard, Office of Design and Engineering Standards, Naval
Architecture Division (CG-5212), 2100 2nd St. SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed
below.
    (b) American Society for Testing and Materials (ASTM) 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM F 1196-00, Standard Specification for Sliding Watertight
Door Assemblies, 2008, incorporation by reference (IBR) approved for
Sec.  174.100.
    (2) ASTM F 1197-00, Standard Specification for Sliding Watertight
Door Control Systems, 2007, IBR approved for Sec.  174.100.
    (c) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Resolution MSC.216(82), Adoption of Amendments to the
International Convention for the Safety of Life At Sea, 1974, As
Amended (IMO Res. MSC.216(82)), Adopted on 8 December 2006, IBR
approved for Sec.  174.360.
    (2) [Reserved]

0
67. Revise Sec.  174.360 to read as follows:

Sec.  174.360  Calculations.

    Each ship to which this subpart applies must comply with the
minimum standard of subdivision and damage stability applicable to that
ship under IMO Res. MSC.216(82), (incorporated by reference, see Sec.
174.007). Compliance with the applicable requirements must be
demonstrated by calculations and reflected in information on loading
restrictions, such as a maximum height of the center of gravity (KG) or
minimum metacentric height (GM) curve, that is part of the stability
information required by Sec.  170.110 of this chapter.

PART 175--GENERAL PROVISIONS

0
68. Revise the authority citation for part 175 to read as follows:

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

0
69. In Sec.  175.400, add new definitions for ``Pontoon vessel'',
``Total test weight'' and ``Variable load'' in alphabetical order to
read as follows:

Sec.  175.400  Definition of terms used in this subchapter.

* * * * *
    Pontoon vessel means any vessel having two or more watertight
hulls, which are structurally independent from the vessel's deck or
cross structure.
* * * * *

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

PART 176--INSPECTION AND CERTIFICATION

0
70. The authority citation for part 176 continues to read as follows:

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

0
71. In Sec.  176.110, revise paragraphs (d)(2) and (d)(3), and add
paragraph (d)(4) to read as follows:

Sec.  176.110  Routes permitted.

* * * * *
    (d) * * *
    (2) The performance capabilities of the vessel based on design,
scantlings, stability, subdivision, propulsion, speed, operating modes,
maneuverability, and other characteristics;
    (3) The suitability of the vessel for nighttime operations; and
    (4) The suitability of the vessel for all environmental conditions.

0
72. Revise Sec.  176.112 to read as follows:

Sec.  176.112  Total persons permitted.

    The cognizant Officer in Charge, Marine Inspection (OCMI)
determines the total number of persons permitted to be carried on a
vessel. In determining the total number of persons, the OCMI may
consider the total weight of passengers, crew, and variable loads;
stability restrictions and subdivision requirements of the vessel; the
vessel's route, general arrangement, means of escape, and lifesaving
equipment; minimum manning requirements; and the maximum number of
passengers permitted in accordance with Sec.  176.113 of this part.

Sec.  176.610  [Amended]

0
73. In Sec.  176.610, add a sentence to the end of paragraph (a) to
read as follows:

Sec.  176.610  Scope of drydock and internal structural examinations.

    (a) * * * The accuracy of draft or loading marks, if required by
Sec.  185.602 of this chapter, must be verified if not verified at a
previous drydock examination.
* * * * *

Sec.  176.900  [Amended]

0
74. In Sec.  176.900(a)--
0
a. Add the words ``is certificated for or'' after the word ``which'';
0
b. Remove the word ``an''; and
0
c. Remove the word ``voyage'' and add, in its place, the word
``voyages''.

Sec.  176.910  [Amended]

0
75. In Sec.  176.910(a)--
0
a. Remove the word ``issues'' in the second sentence and add, in its
place, the words ``authorizes the cognizant OCMI to issue''; and
0
b. In the last sentence, after the word ``will'', add the words
``authorize the cognizant OCMI to''.

Sec.  176.920  [Amended]

0
76. In Sec.  176.920(d), after the word ``will'' in the first and
second sentences, add the words ``authorize the cognizant OCMI to''.

Sec.  176.930  [Amended]

0
77. In Sec.  176.930, in the last sentence, remove the words
``Commandant will indicate the'' and after the word ``equivalent'', add
the words ``must be indicated''.

PART 178--INTACT STABILITY AND SEAWORTHINESS

0
78. The authority citation for part 178 continues to read as follows:

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

Sec.  178.115  [Amended]

0
79. In Sec.  178.115, remove the word ``An'' and add in its place
``an'', and at the beginning of the paragraph, add the words ``Except
where specifically stated otherwise,''.

0
80. In Sec.  178.210, revise the first sentence of paragraphs (a) and
(b), revise paragraph (c), and add paragraph (d) to read as follows:

Sec.  178.210  Stability information.

    (a) Stability information (stability details indicated on the
Certificate of Inspection, a stability letter, or a stability booklet),
is required on certain vessels by paragraphs (b), (c), or (d) of this
section. * * *
    (b) A vessel which, under Sec.  178.310 of this part, complies with
requirements in subchapter S of this chapter, must have stability
details on the vessel's Certificate of Inspection, a stability letter
issued by the cognizant Officer in Charge, Marine Inspection (OCMI) or
the Commanding Officer, Marine Safety Center, or an approved stability
booklet. * * *
    (c) When necessary for safe operation, the cognizant OCMI may place
specific stability restrictions in a stability letter or on the
Certificate of Inspection of a vessel not more than 65 feet (19.8
meters) in length, which, under Sec.  178.310 of this part, complies
with the requirements of Sec.  178.320 of this part.
    (d) Each pontoon vessel must have a stability letter and each
stability letter issued after March 14, 2011 must be issued by the
Commanding Officer, Marine Safety Center.

0
81. Add new Sec.  178.215 to read as follows:

Sec.  178.215  Weight of passengers and crew.

    (a) This section applies to each vessel, regardless of when
constructed, for which stability information is based on the results of
a simplified stability proof test.
    (b) Except as provided in paragraph (c) of this section, and if not
provided in the stability information required, the owner of each
vessel must provide the master with the total test weight used in the
simplified stability proof test and the number of passengers and crew
included in the total test weight. Owners and masters must use a total
weight of passengers and crew carried that is based upon an assumed
weight per person, which is determined in accordance with Sec.  170.090
of this chapter.
    (c) The information specified in paragraph (b) of this section need
not be provided if the owner attests that the vessel complies with
applicable intact stability requirements when carrying the number of
passengers and crew permitted by the Certificate of Inspection with an
assumed weight per person determined in accordance with Sec.  170.090
of this chapter.

0
82. In Sec.  178.230, revise paragraphs (b) introductory text and
(b)(1), and add paragraph (c) to read as follows:

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

* * * * *
    (b) If Sec.  178.210(b) of this part applies, the applicable
information described in subpart C of part 170 of this title, and the
calculations used to determine that information, must be submitted in
addition to the applicable information listed in paragraph (b) of this
section.

    (1) Allowable weight and number of passengers and crew on each
deck;
* * * * *
    (c) If Sec.  178.210(c) of this part applies, the allowable weight
and number of passengers and crew on each deck, and the necessary
calculations used to determine that information, must be submitted in
accordance with paragraph (a) of this section.

0
83. Revise Sec.  178.310 to read as follows:

Sec.  178.310  Intact stability requirements--general.

    (a) Except as provided in paragraph (c) of this section, each
vessel must, in each condition of loading and operation, comply with
the applicable requirements of--
    (1) Part 170 of this chapter, except subparts G and H; and
    (2) Part 171 of this chapter, subparts A and B.
    (b) Sailing vessels must meet the appropriate requirements of Sec.
171.055 or Sec.  171.057 in subchapter S in this chapter while under
sail, as well as the requirements of Sec.  170.170 in subchapter S in
this chapter while under bare poles (if an auxiliary sailing vessel as
defined in Sec.  170.055(a) of this chapter) and with storm sails set
and trimmed flat (if a sailing vessel as defined in Sec.  170.055(n) of
this chapter).
    (c) As an alternative to meeting the requirements of paragraphs (a)
and (b) of this section, a vessel may demonstrate compliance with an
appropriate standard set forth in either Sec.  178.320 of this part for
non-sailing vessels or Sec.  178.325 of this part for monohull sailing
vessels if all of the following criteria are satisfied:
    (1) The length is not more than 19.8 meters (65 feet) in length;
    (2) The vessel does not carry more than 12 passengers on an
international voyage;
    (3) The vessel either does not have more than one deck above the
bulkhead deck or, if without a bulkhead deck, does not have more than
one deck above the deck from which freeboard is measured excluding a
pilot house; and
    (4) The vessel's stability has not been questioned by the cognizant
Officer in Charge, Marine Inspection (OCMI).
    (d) In lieu of the requirements in paragraphs (a) through (c) of
this section, a vessel may meet another stability standard approved by
the Commanding Officer, Marine Safety Center.

0
84. Revise Sec.  178.320 to read as follows:

Sec.  178.320  Intact stability requirements--non-sailing vessels.

    (a) As permitted by Sec.  178.310(c) of this part, the following
vessels may undergo the simplified stability proof test detailed in
Sec.  178.330 of this part, in the presence of a Coast Guard marine
inspector, if they do not have tumblehome at the deck, measured
amidships, that exceeds 2 percent of the beam:
    (1) Monohull vessels; and
    (2) Flush deck catamaran vessels which are not pontoon vessels and
carry not more than 49 passengers.
    (b) As permitted by Sec.  178.310(c) of this part, a self-propelled
pontoon vessel may undergo the pontoon simplified stability proof test
detailed in Sec.  178.340 of this part, in the presence of a Coast
Guard marine inspector, if it satisfies all of the following
requirements:
    (1) The vessel carries not more than 49 passengers and does not
make international voyages;
    (2) The vessel operates on Protected Waters only;
    (3) The vessel is constructed with only one deck;
    (4) The buoyant hull volume consists of two symmetric, fully
enclosed hulls;
    (5) The cross section of each hull is circular or of wall-sided
construction without tumblehome, and constant for at least 90 percent
of the length of the hull;
    (6) The hulls contain no machinery or tanks;
    (7) The portion of the deck accessible to passengers does not
extend beyond--
    (i) The outboard edge of the hulls, and
    (ii) The forward or the aft end of the hulls;
    (8) There is no deck more than 0.15 meters (6 inches) above any
point on any of the buoyant hulls;
    (9) The distance between the centerlines of the hulls is not less
than 1.83 meters (6 feet); and
    (10) Each hull has a beam or diameter, as applicable, of not less
than 0.61 meters (2 feet).
    (c) For a vessel that carries not more than 49 passengers, carries
no deck cargo, and is otherwise eligible to undergo the simplified
stability proof test detailed in Sec. Sec.  178.330 or 178.340 of this
part, the authority issuing the stability letter may--
    (1) Dispense with the requirements of the simplified stability
proof test in Sec. Sec.  178.330 or Sec.  178.340 of this part when the
vessel's stability can be adequately assessed by alternate means giving
due consideration to each item that impacts a vessel's stability
characteristics which include, but are not limited to, the form,
arrangement, construction, number of decks, route, and operating
restrictions of the vessel; or
    (2) Authorize a change in the requirements of the simplified
stability proof test in either Sec. Sec.  178.330 or 178.340 of this
part, when necessary to adequately assess the vessel's stability.

0
85. Revise Sec.  178.325 to read as follows:

Sec.  178.325  Intact stability requirements--monohull sailing vessels.

    (a) As permitted by Sec.  178.310(c) of this part, a monohull
sailing vessel may demonstrate compliance with paragraphs (b) or (c) of
this section if it satisfies all of the following requirements:
    (1) It does not operate on exposed waters;
    (2) It only operates during the daylight hours;
    (3) It is of the usual type, rig, and hull form, excluding vessels
without a weathertight deck, such as open boats;
    (4) It carries not more than 49 passengers;
    (5) It is not a sailing school vessel that carries a combined total
of six or more sailing school students and instructors;
    (6) Its minimum downflooding angle is greater than 60 degrees;
    (7) It does not have a cockpit greater than 20 percent of the
Length Over Deck; and
    (8) If equipped with a cockpit and operating on Partially Protected
Waters, the cockpit must be self-bailing.
    (b) The vessel may undergo the simplified stability proof test
detailed in Sec.  178.330 of this part, in the presence of a Coast
Guard marine inspector, if it does not have tumblehome at the deck,
measured amidships, that exceeds 2 percent of the beam.
    (c) The cognizant Officer in Charge, Marine Inspection (OCMI) may
perform operational tests to determine whether the vessel has adequate
stability and satisfactory handling characteristics under sail for
protected waters or partially protected waters.
    (d) The Commanding Officer, Marine Safety Center, may prescribe
additional or different stability requirements for a broad, shallow
draft vessel with little or no ballast outside the hull.

0
86. In Sec.  178.330, revise the section heading, paragraphs (a), (b),
and (d)(6), and add paragraph (d)(7) to read as follows:

Sec.  178.330  Simplified stability proof test (SST).

    (a) A vessel must be in the condition specified in this paragraph
when a simplified stability proof test is performed.

    (1) The construction of the vessel is complete in all respects.
    (2) Ballast, if necessary, is in compliance with Sec.  178.510 of
this part and is on board and in place.
    (3) Each fuel and water tank is approximately three-quarters full.
Any sewage tank should be either empty or full.
    (4) A weight equal to the total weight of all passengers, crew, and
variable loads permitted on the vessel is on board and distributed so
as to provide normal operating trim and to simulate the vertical center
of gravity, causing the least stable condition that is likely to occur
in service. The assumed weight per person of passengers and crew must
be representative of the passengers and crew on board the vessel while
engaged in the service intended. Unless the cognizant Officer in
Charge, Marine Inspection (OCMI) permits or requires the use of other
values in writing, weight and vertical center of gravity are to be
assumed as follows:
    (i) The weight of primary lifesaving equipment should be simulated
at its normal location, if not on board at the time of the test.
    (ii) The assumed weight per person is determined as provided by
Sec.  170.090 of this chapter.
    (iii) The weight and associated vertical center of gravity of
variable loads must be included as appropriate for the service intended
and documented in the stability information required by subpart B of
this part.
    (iv) The vertical center for the total test weight must be at least
30 inches (760 millimeters) above the deck for seated passengers, and
at least 39 inches (1.0 meter) above the deck for standing passengers.
    (v) If the vessel carries passengers on diving excursions, the
total weight of diving gear must be included in the loaded condition
and placed in its stowed position. Not less than 80 pounds (36.3
kilograms) should be assumed for each person for whom diving gear is
provided.
    (vi) On vessels having one upper deck available to passengers above
the main deck, the weight distribution must not be less severe than the
following:
Total Test Weight (W) = --------
Passenger Capacity of Upper Deck:
-----------------------------------------------------------------------
Weight on Upper Deck = (Number of Passengers on Upper Deck) * (Wt per
Passenger) * 1.33
Weight on Main Deck = Total Test Weight-Weight on Upper Deck.
    (5) All non-return closures on cockpit scuppers or on weather deck
drains must be kept open during the test.
    (b) A vessel must not exceed the limitations in paragraph (d) of
this section, when subjected to the greater of the following heeling
moments:
Mp = (W) (Bp)/6; or
Mw = (P) (A) (H)

Where:
Mp = passenger heeling moment in foot-pounds (kilogram-
meters);
Mw = Wind heeling moment in foot-pounds (kilogram-meters)
W = the total weight of persons other than required crew, plus the
personal effects of those persons expected to be carried while
aboard the vessel (total test weight) in pounds (meters);
Bp = the maximum transverse distance in feet (meters) of
a deck that is accessible to passengers;
A = Area, in square feet (square meters), of the projected lateral
surface of the vessel above the waterline (including each projected
area of the hull, superstructure, cargo, masts, area bounded by
railings and canopies, but not protruding fixed objects such as
antennas or running rigging).

* * * * *
    (d) * * *
    (6) On a non-sailing flush deck catamaran that is propelled by
mechanical means, not more than one-third of the freeboard or one-third
of the draft, whichever is less, may be immersed.
    (7) In no case may the angle of heel exceed 14 degrees.
* * * * *

0
87. Revise Sec.  178.340 to read as follows:

Sec.  178.340  Stability standards for pontoon vessels on protected
waters.

    (a) A pontoon vessel meeting the applicability requirements of
Sec.  178.320 of this part must be in the condition described in Sec.
178.330(a) of this part when the PSST is performed, except that fuel,
water and sewage tanks should either be empty or filled to 100 percent
capacity, whichever is more conservative.
    (b) A pontoon vessel must not exceed the limitations in paragraph
(c) of this section when subjected to the greater of the following
heeling moments:
Mpc = [(W)(Bp-K)]/2; or
Mw = (P) (A) (H)

Where:
Mpc = passenger and crew heeling moment in foot-pounds
(kilogram-meters);
W = the total weight of passengers and crew aboard (total test
weight) in pounds (kilograms);
Bp = the maximum transverse distance of the deck
accessible to passengers in feet (meters);
K = 2.0 feet (0.61 meters);
Mw = Wind heeling moment in foot-pounds (kilogram-meters)
P = Wind pressure of 7.5 pounds/square foot (36.6 kilograms/square
meter);
A = Area, in square feet (square meters), of the projected lateral
surface of the vessel above the waterline (including each projected
area of the pontoons, superstructure and area bounded by railings
and structural canopies); and
H = Height, in feet (meters), of the center of area (A) above the
waterline, measured up from the waterline.

    (c) With the appropriate heeling moment applied to the most
adversely affected side of the vessel, the remaining exposed cross-
sectional area of the pontoon must be equal to or greater than both--
    (1) The cross-sectional area submerged due to the load shift (for
an example, see Figure 178.340(c)(1) of this section); and

[GRAPHIC] [TIFF OMITTED] TR14DE10.006

    (2) One-quarter of the cross-sectional area on one pontoon.
    (d) A pontoon vessel must also be tested to determine whether
trimming moments will submerge the bow or stern of the buoyant hull.
The top of any pontoon must not be submerged at any location, as
indicated in Figure 178.340(d) of this section, with the total test
weight (W) located on the centerline and positioned as far forward or
aft on the deck as practicable, whichever position results in the least
freeboard.

[GRAPHIC] [TIFF OMITTED] TR14DE10.007

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

0
88. The authority citation for part 179 continues to read as follows:

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

0
89. Add new Sec.  179.15 to subpart A to read as follows:

Sec.  179.15  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish a notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. It is also available for inspection at
the Coast Guard, Office of Design and Engineering Standards, Naval
Architecture Division (CG-5212), 2100 2nd St., SW., Stop 7126,
Washington, DC 20593-7126, and is available from the sources listed in
paragraph (b) of this section.
    (b) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20
7735 7611, http://www.imo.org/.
    (1) Resolution MSC.216(82), Adoption of Amendments to the
International Convention for the Safety of Life At Sea, 1974, As
Amended (IMO Res. MSC.216(82)), Adopted on 8 December 2006, IBR
approved for Sec.  179.212.
    (2) [Reserved]

0
90. Revise Sec.  179.212 to read as follows:

Sec.  179.212  Watertight bulkheads for subdivision and damage
stability.

    (a) Except as provided in paragraph (c) of this section, each
vessel must comply with the Type II subdivision and damage stability
requirements of Sec. Sec.  171.070 through 171.073 and 171.080 of this
chapter if it meets one or more of the following criteria:
    (1) Is more than 19.8 meters (65 feet) in length;
    (2) Carries more than 49 passengers;
    (3) Is constructed of wood on or after March 11, 2001, and operates
in cold water; or
    (4) Is constructed before January 1, 2009 and carries more than 12
passengers on an international voyage.
    (b) Vessels constructed on or after January 1, 2009 and carrying
more than 12 passengers on an international voyage must comply with the
applicable requirements of IMO Res. MSC.216(82) (incorporated by
reference, see Sec.  179.15) unless permitted otherwise.
    (c) As an alternative to complying with the Type II subdivision and
damage stability requirements of Sec. Sec.  171.070 through 171.073 and
171.080 of this chapter, a monohull vessel which undergoes a simplified
stability proof test in accordance with Sec.  178.330 of this chapter
may comply with Sec.  179.220 of this part.
    (d) For the purpose of demonstrating compliance with the Type II
subdivision and damage stability requirements of Sec. Sec.  171.070
through 171.073 and 171.080 of this chapter, the requirements of IMO
Res. MSC.216(82) may be considered equivalent.

0
91. In Sec.  179.220--
0
a. In Table 179.220(a) remove the term ``d/L'' and in its place, add
the term ``x/L''
0
b. In note 1 to Table 179.220(a), remove the term ``d = distance'', and
in its place, add the term ``x = distance''; and
0
c. Add paragraph (c) to read as follows:

Sec.  179.220  Location of watertight bulkheads for subdivision.

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

Sec.  179.230  [Removed and reserved]

0
92. Remove and reserve Sec.  179.230.

PART 185--OPERATIONS

0
93. The authority citation for part 185 continues to read as follows:

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

0
94. In Sec.  185.304, revise paragraph (a)(3) and add paragraph (b) to
read as follows:

Sec.  185.304  Navigation underway.

    (a) * * *
    (3) Prevailing and forecasted visibility and environmental
conditions, including wind and waves;
* * * * *
    (b) Masters of vessels not greater than 65 ft (19.8 m) in length
must have means available, satisfactory to the Officer in Charge,
Marine Inspection (OCMI), to obtain or monitor the latest marine
broadcast in order to comply with the requirements of paragraph (a) of
this section.

0
95. In Sec.  185.315, designate the existing paragraph as paragraph (a)
and add paragraph (b) to read as follows:

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

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

Sec.  185.602  [Amended]

0
96. In Sec.  185.602--
0
a. In paragraph (b) introductory text, remove the words ``that fits
into any one of the following categories:'' and add, in their place,
the words ``that does not demonstrate compliance in accordance with
Sec.  178.310(c) of this chapter.'';
0
b. Remove paragraphs (b)(1) through (b)(3); and
0
c. In paragraph (c), remove the words ``that complies with the
stability requirements of Sec. Sec.  170.170, 170.173, 171.050,
171.055, and 171.057 of this chapter or in accordance with Sec.
178.310 of this chapter,''.

    Dated: November 17, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2010-30391 Filed 12-13-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20518]
[DOCID:fr25ap07-46]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-115-000]

CenterPoint Energy-Illinois Gas Transmission Company; Notice of
Application for Blanket Certificate and Petition for Rate Review

April 19, 2007.
    Take notice that on March 23, 2007, pursuant to section 7(c) of the
Natural Gas Act, 15 U.S.C. 717(f)(c), and section 284.224 of the
Commission's regulations, 18 CFR 284.224, CenterPoint Energy-Illinois
Gas Transmission Company (IGTC), an Illinois Hinshaw pipeline company
that is not subject to the jurisdiction of FERC, applied for a blanket
certificate of public convenience and necessity authorizing IGTC to
engage in non-discriminatory transportation of natural gas in
interstate commerce and for approval of proposed rates and charges
applicable to the provision of natural gas transportation service under
its proposed blanket certificate.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time April 30, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-7859 Filed 4-24-07; 8:45 am]

BILLING CODE 6717-01-P