[Code of Federal Regulations]

[Title 46, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 46CFR115.113]



[Page 304-305]

 

                            TITLE 46_SHIPPING



                  (This book contains parts 90 to 139)

 

   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)

 

PART 115_INSPECTION AND CERTIFICATION--Table of Contents

 

                   Subpart A_Certificate of Inspection

 

Sec.  115.113  Passengers permitted.



    (a) The maximum number of passengers permitted must be not more than 

that allowed by the requirements of this section, except as authorized 

by the OCMI under paragraph (d) of this section.

    (b) The maximum number of passengers permitted on any vessel may be 

the greatest number permitted by the length of rail criterion, deck area 

criterion, or fixed seating criterion described in this paragraph or a 

combination of these criteria as allowed by paragraph (c) of this 

section.

    (1) Length of rail criterion. One passenger may be permitted for 

each 760 millimeters (30 inches) of rail space available to the 

passengers at the periphery of each deck. The following rail space may 

not be used in determining the maximum number of passengers permitted:

    (i) Rail space in congested areas unsafe for passengers, such as 

near anchor handling equipment or line handling gear, in the way of sail 

booms, running rigging, or paddle wheels, or along pulpits;

    (ii) Rail space on stairways; and

    (iii) Rail space where persons standing in the space would block the 

line of vision of the licensed individual operating the vessel.

    (2) Deck area criterion. One passenger may be permitted for each 0.9 

square meters (10 square feet) of deck area available for the 

passengers' use. In



[[Page 305]]



computing such deck area, the areas occupied by the following must be 

excluded:

    (i) Areas for which the number of persons permitted is determined 

using the fixed seating criteria;

    (ii) Obstructions, including stairway and elevator enclosures, 

elevated stages, bars, and cashier stands, but not including slot 

machines, tables, or other room furnishings;

    (iii) Toilets and washrooms;

    (iv) Spaces occupied by and necessary for handling lifesaving 

equipment, anchor handling equipment or line handling gear, or in the 

way of sail booms or running rigging;

    (v) Spaces below deck that are unsuitable for passengers or that 

would not normally be used by passengers;

    (vi) Interior passageways less than 840 millimeters (34 inches) wide 

and passageways on open deck, less than 710 millimeters (28 inches) 

wide;

    (vii) Bow pulpits, swimming platforms and areas that do not have a 

solid deck, such as netting on multi-hull vessels;

    (viii) Deck areas in way of paddle wheels; and

    (ix) Aisle area provided in accordance with Sec.  116.820(d) of this 

chapter.

    (3) Fixed seating criterion. One passenger may be permitted for each 

455 millimeter (18 inches) of width of fixed seating provided by Sec.  

116.820 of this chapter. Each sleeping berth in overnight accommodation 

spaces shall be counted as only one seat.

    (c) Different passenger capacity criteria may be used on each deck 

of a vessel and added together to determine the total passenger capacity 

of that vessel. Where seats are provided on part of a deck and not on 

another, the number of passengers permitted on a vessel may be the sum 

of the number permitted by the seating criterion for the space having 

seats and the number permitted by the deck area criterion for the space 

having no seats. The length of rail criterion may not be combined with 

either the deck area criterion or the fixed seating criterion when 

determining the maximum number of passengers permitted on an individual 

deck.

    (d) For a vessel operating on short runs on protected waters such as 

a ferry, the cognizant OCMI may give special consideration to increases 

in passenger allowances.