The Coast Guard Office of Commercial Vessel Compliance (CG-CVC) has published CG-CVC Policy Letter 23-03 Change 1, “Covered Small Passenger Vessel” Fire Safety Interim Rule Implementation, which includes updates to reflect the passage of the National Defense Authorization Act for Fiscal Year 2024 (2024 NDAA). The NDAA is a U.S. federal law that specifies the budget, expenditures and policies related to the Department of Defense (DoD). The NDAA is passed annually and authorizes funding for the military, defense programs and national security initiatives.
The 2024 NDAA requires Officers in Charge, Marine Inspection (OCMI) to delay enforcement of the means of escape requirement in 46 USC 3306(n)(3)(A)(v) until April 1, 2024, for “overnight fishing charters.” In addition, the NDAA allows enforcement to be delayed until as late as Jan. 1, 2026, for “overnight fishing charters” that have submitted plans to alter their vessel to meet escape requirements to their cognizant OCMI.
Escape requirements for fishing charters typically refer to safety measures and procedures that are in place to ensure the well-being of passengers in the event of an emergency. The specific requirements may vary depending on the location, the type of fishing charter and the regulations set by maritime authorities.
The interim rule implemented fire safety regulations for “covered small passenger vessels,” defined as small passenger vessels with overnight accommodations for passengers or operating on an oceans or coastwise route, excluding fishing vessels and ferries. In particular, the interim rule eliminated the option for “existing vessels” (as defined in Subchapters K and T) to comply with the means of escape requirements applicable to them on March 10, 1996. Thus, all covered small passenger vessels, regardless of age, are being brought up to current standards for means of escape design and arrangement.
Title 46 of the United States Code primarily deals with carrying out and securing the safety of individuals and property on board vessels subject to inspection, including covered small passenger vessels (as defined in subsection (n)(5)); the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for the design, construction, alteration, repair and operation of those vessels, including superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations and accommodations for passengers and crew, sailing school instructors and sailing school students. For the full definition of the code, please visit https://www.law.cornell.edu/uscode/text/46/3306.
“Overnight fishing charters” are defined by the 2024 NDAA as vessels with overnight accommodations for passengers carrying a passenger for hire engaged in recreational fishing on board. The policy also addresses other means of escape details, special consideration by the Officer in Charge, Marine Inspection and operating with six or fewer passengers.
A copy of CG-CVC Policy Letter 23-03 Change 1 is available on CG-CVC’s website at https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Commercial-Vessel-Compliance/CG-CVC-Policy-Letters/.
The U.S. Coast Guard recommends that vessel owners or operators contact their local marine inspection office with vessel-specific questions. General questions may be submitted via [email protected].
