other transient high wind conditions which create an overturning moment sufficient to overcome the vessel's inherent righting energy. The reason that most of the casualties involve party fishing vessels is that these are the vessels that are most likely to operate in exposed waters. These vessels may not have time to return to port if the weather turns bad, or they may find hazardous bar conditions on their return. The primary attraction of tour and dinner boats is sight-seeing. Consequently there is usually no reason for them to travel far offshore, nor is there good business in bad weather. Satellite EPIRBS should be required on vessels operating on the high seas (generally more than 3 miles offshore). A vessel which will rely primarily on satellite EPIRBS for distress alerting and locating, should have survival equipment sufficient to sustain survivors for the few hours it will take for rescue to arrive. Vessels carrying large numbers of passengers and those operating at great distances offshore will need survival craft suitable for longer survival periods, since rescue will take longer to complete. Vessels carrying passengers in overnight service may also need more capable survival craft since the many vessels which operate primarily in the daytime would not be able to assist in a casualty that occurs at night. The present requirements for lifejackets, life floats, and buoyant apparatus have proven adequate in all studied casualties where water temperature was 60° F or more. In a number of cases, the only equipment needed for survival was lifejackets, however, for various reasons they were not used and the life floats and buoyant apparatus served a lifesaving role. Life floats are adequate to marginal for short term survival in temperatures between 50° F and 60° F. At a minimum, inflatable buoyant apparatus are necessary for more than a few hours survival below 50° F. Life floats and buoyant apparatus where used should be required to be arranged to float free, using hydrostatic releases where necessary. Life floats, buoyant apparatus and liferafts were difficult to lift over rails and other obstructions in several cases. Vessels involved in casualties within 3 miles of the shore were quickly assisted by other nearby vessels. However, large numbers of persons in the water would overwhelm available resources even close to shore. This is an example of a very low probability, high consequence accident where a large loss of life would be socially unacceptable. Lifesaving equipment appropriate for the expected water temperature should be provided in such cases. There were no casualties in this group which occurred on the Great Lakes, nor were there any which occurred off the coast of New England north and east of Block Island, Rhode Island. There is no reason, however, to believe that small passenger vessel operations in these areas are inherently less risky than those in other offshore areas. This is more likely the result of random distribution of a small number of casualties ("small" in terms of mathematical statistics). Recommendations The following recommendations apply to small passenger Vessels of wooden construction should be included in the group of vessels required to be equipped with fixed fire extinguishing systems in the engine compartment. Systems should either be automatic, or manual if a fire detection system is also installed. This would be in addition to the retrofit proposed for FRP vessels in the NPRM of January 30, 1989, and in addition to systems already required for vessels with gasoline engines. The NPRM preamble discussion indicates that FRP vessels have higher monetary loss ratios from machinery space fires than other types of construction, but this study shows that such fires in a wooden vessel are much more likely to result in the loss of the vessel. All vessels operating on the high seas (generally more than 3 miles offshore) and more than 3 miles from the coastline of the Great Lakes, should carry 406 MHz satellite EPIRBS. Changes to the lifesaving regulations should be considered in three broad sea areas: 1. Beyond 50 miles from the coastline. Few small passenger vessels will operate this far offshore. Those that do should have satellite EPIRBS and inflatable liferafts for everyone on board. At these distances, it may be difficult to get rescue resources on scene quickly. Shore-based helicopters have limited ranges which may be strained at these distances. These vessels should be equipped for long term survival in open ocean conditions. 2. Oceans up to 50 miles from the coastline, and Great Lakes. In this region, rescue should be quickly available, either because the vessel operates on routes close to shore, or else because it carries a satellite EPIRB. a. Unless limited to operation very close to shore, as a minimum, vessels should carry life floats for 100% of the persons permitted on board. This would represent an increase in requirements for vessels in coastwise service presently required to carry 100% buoyant apparatus, and for vessels within 20 miles of a harbor of safe refuge, which are required to carry 50% buoyant apparatus. b. Within one mile of shore, present regulations permit an unspecified reduction in the number of life floats and buoyant apparatus carried. Within one mile of shore, based on casualty experience, the following reductions in a 100% life float requirement can be considered: (1) On the Great Lakes, life floats need not be required. (No change in current minimum requirement.) Lifejackets should provide adequate flotation for the short time expected for rescue. (2) In warm ocean waters (above 59° F), life floats need not be required. (No change in current minimum requirement.) Lifejackets should provide adequate flotation for the short time expected for rescue. (3) In cold ocean waters (below 59° F), life floats may be reduced to 50% capacity, but only if the vessel meets current standards for subdivision. No reduction should be permitted for those vessels which do not meet current subdivision requirements. c. Lifesaving equipment superior to life floats should be provided for higher risk vessels operating beyond one mile from shore. Specifically, 100% inflatable buoyant apparatus to provide out-of-the-water flotation should be required on: (1) Vessels operating in water temperatures less than 59° F and not meeting current subdivision standards. (Existing non-wood vessels 65 ft or less in length, carrying 49 or fewer passengers with a collision bulkhead and simplified subdivision in way of the engine room and lazarette could be considered as meeting current subdivision standards for this purpose.) d. (2) Wood vessels operating beyond 20 miles from shore. These recommendations would require retrofitting of certain existing vessels with inflatable buoyant apparatus, and are contrary to present normal practice of "grandfathering" lifesaving equipment arrangements on existing vessels. However, implementation of this recommendation would require inflatable buoyant apparatus aboard those vessels most at risk of a casualty resulting in loss of the vessel. Grandfathering discourages the construction of new and safer vessels. Such a retrofit requirement would have the beneficial effects of requiring the vessels most at risk to have adequate lifesaving equipment, and removing some of the cost disincentive for replacement of older vessels with newer ones. e. Vessels required to carry life floats should be allowed to count any existing buoyant apparatus toward meeting the life float requirement, until such time as the buoyant apparatus is no longer serviceable, and must be replaced. 3. Other waters. Requirements for vessels operating on lakes, bays, and sounds, and on rivers should be reviewed. Proposed revisions should be based on risk related to water temperature, subdivision, and distance from shore. Consideration should be given to phasing in life floats to replace buoyant apparatus. OCMIS should have the authority to impose more stringent requirements for remote areas where there is a higher hazard level, such as rough sea conditions, exceptionally cold water, and limited search and rescue capabilities. The "high seas" designation was introduced into the lifesaving regulatory scheme by the acts which required fishing vessels and other uninspected vessels to carry EPIRBs. This designation should be carried over into inspected vessel regulations for EPIRBS so that commercial vessels of all types operating in the same waters are required to carry EPIRBS. The high seas criterion tracks well with the demonstrated need for EPIRBS in the small passenger vessel casualty record. The present exemption for vessels within 20 miles from a harbor of safe refuge is clearly not appropriate, as shown from a review of the casualties. In the future, requirements for survival craft might be changed to be based on whether a vessel operates in waters where satellite EPIRBS are required. This should be considered at a future time when there is sufficient experience with SAR heavily reliant on satellite EPIRBS. Basing these requirements on the high seas area, rather than the current structure of ocean service, coastwise service, lakes, bays, and sounds, etc., would be a departure from present practice. Nevertheless, it may make sense, especially since some sounds, such as Long Island Sound and Block Island Sound, include high seas areas and are just as likely as other places more than 3 miles offshore to be the scene of a casualty. For example, the COMET accident occurred in the high seas area of Block Island Sound. Rather than describing the areas subject to 59° F lifesaving requirements in detail in the final rules, consideration should be given to describing them in an NVIC, as is planned for fishing vessels. This would allow easier adjustment of the cold water zones if better water temperature data or particular problems with operating patterns are brought to our attention. New regulations should require float free stowage arrangements for life floats and buoyant apparatus, as in the NPRM of January 30, 1989. |