FILED 12/04/2017 3:00 PM ARCHIVES DIVISION SECRETARY OF STATE

Transcription

1 OFFICE OF THE SECRETARY OF STATE DENNIS RICHARDSON SECRETARY OF STATE LESLIE CUMMINGS DEPUTY SECRETARY OF STATE PERMANENT ADMINISTRATIVE ORDER OSMB CHAPTER 250 OREGON STATE MARINE BOARD ARCHIVES DIVISION MARY BETH HERKERT DIRECTOR 800 SUMMER STREET NE SALEM, OR FILED 12/04/2017 3:00 PM ARCHIVES DIVISION SECRETARY OF STATE FILING CAPTION: Rule action will update division definitions, clarify safety equipment requirements and establish incident reporting requirements. EFFECTIVE DATE: 01/01/2018 AGENCY APPROVED DATE: 10/05/2017 CONTACT: June LeTarte Commercial St NE #400 Salem,OR Filed By: Jennifer Peterson Rules Coordinator RULES: , , , AMEND: RULE TITLE: Definitions RULE SUMMARY: Clarifies definition of "Inland Charter Boat" to include only motorized vessels carrying seven or more passengers for hire. As used in this Division: (1) Approved means those items accepted and formally approved for use by the U.S. Coast Guard. (2) Inland Charter Boat means a motorized vessel used in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes solely on state waters. (3) Open Boat(s) means motorboats with engine and fuel tank compartments and other spaces so constructed as to be open to the atmosphere thereby preventing entrapment of flammable gases. (4) Passenger Vessel has the meaning prescribed in Title of the Code of Federal Regulations (CFR), effective January 1, (5) Small Passenger Vessel has the meaning prescribed in Title (y) of the Code of Federal Regulations (CFR), effective January 1, STATUTORY/OTHER AUTHORITY: ORS STATUTES/OTHER IMPLEMENTED: ORS

2 ADOPT: RULE TITLE: Incident Reporting Requirements RULE SUMMARY: Establishes incident reporting requirement for Charter Boats. (1) Notwithstanding OAR , operators shall notify the Marine Board of all Charter Boat incidents. (2) Notification shall be made within 48 hours for each incident resulting in: (a) Death or disappearance of any person; (b) Injury or illness of any person requiring medical treatment beyond minor first aid; (c) Damage exceeding $500 to public, private, or charter operator property, excluding loss of or damage to personal-use items; or (d) Emergency response from local, state or federal agency. (3) The Marine Board will provide instruction to the operator if additional reporting is required. STATUTORY/OTHER AUTHORITY: ORS STATUTES/OTHER IMPLEMENTED: ORS , ORS

3 AMEND: RULE TITLE: Equipment Requirements for Charter Boats and Charter Guides RULE SUMMARY: Clarifies carriage requirements for Oregon registered charter vessels carrying 7 or more passengers for hire, and also for "charter guides" carrying six or fewer passengers for hire, on US navigable waterways. Names specific requirements explicitly consistent with federal regulation requirements for navigation lights, life jackets, visual distress signals, survival craft and other equipment. (1) The following requirements apply to Charter Boats operating on US navigable waters: (a) Navigation Lights as prescribed in Title 33 CFR of the Code of Federal Regulations (CFR), effective (b) Personal Flotation Devices Type 1 or Hybrid Substitution as prescribed in Title 46 CFR , effective (c) Life Jacket Lights as prescribed in Title 46 CFR , effective (d) Visual Distress Signals as prescribed in Title 46 CFR , effective (e) Distress Signals Storage as prescribed in Title 46 CFR , effective (f) Sound Signals as prescribed in Title 33 CFR 86.33, effective (g) Survival Craft as prescribed in Title 46 CFR , effective (h) Life Saving Equipment Markings as prescribed in Title 46 CFR , effective (i) Merchant Marine Credential (MMC) as prescribed in Title 46 CFR , effective (j) Charts and Publications as prescribed in Title 46 CFR , effective (k) First Aid Kits as prescribed in Title 46 CFR , effective (l) EPIRB as prescribed in Title 46 CFR , effective (m) Life Ring Buoys as prescribed in Title 46 CFR , effective (n) Fire Extinguishers as prescribed in Title 46 CFR , effective (o) Bilge Pumps as prescribed in Title 46 CFR , effective (p) Bilge High Level Alarm as prescribed in Title 46 CFR , effective (q) Ground Tackle and Mooring Lines as prescribed in Title 46 CFR , effective (r) Compasses as prescribed in Title 46 CFR , effective (s) Radar as prescribed in Title 46 CFR , effective (t) Safety Orientation as prescribed in Title 46 CFR effective (u) Electronic Position Fixing as prescribed in Title 46 CFR , effective (v) Emergency Instructions Placard as prescribed in Title 46 CFR , effective (w) Vessel Radio Equipment as prescribed in Title 47 CFR (a)(1) & (2), effective (2) Any discrepancies with the equipment requirements as outlined in (1)(a)-(w) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on (3) The following requirements apply to Charter Guides defined in ORS (1) operating on US navigable waters: (a) Navigation Lights as prescribed in Title 33 CFR 83.20, effective (b) Sound Signals as prescribed in Title 33 CFR 83.33, effective (c) Visual Distress Signals as prescribed in Title 46 CFR , effective (d) MMC Employment and Service as prescribed in Title 46 CFR , effective (e) Personal Flotation Devices Type 1 and Hybrid Substitution as prescribed in Title 46 CFR (c)(2), effective (f) Personal Flotation Device Lights as prescribed in Title 46 CFR , effective (g) Retroreflective Material for Personal Flotation Devices as prescribed in Title 46 CFR , effective

4 (h) Life Ring as prescribed in Title 46 CFR (b)(3), effective (i) Lifesaving equipment accessibility as prescribed in Title 46 CFR (b), effective (j) Fire Extinguishers as prescribed in Title 46 CFR , effective (k) Backfire Flame Control as prescribed in Title 46 CFR , effective (l) Ventilation as prescribed in Title 46 CFR 25.40, effective (m) Safety Orientation as prescribed in Title 46 CFR , effective (n) Emergency Instructions Placard as prescribed in Title 46 CFR , effective (o) Charts and Publications as prescribed in Title 46 CFR , effective (p) Exhibition of MMC as prescribed in Title 46 CFR , effective (5) Any discrepancies with the equipment requirements as outlined in (3)(a)-(p) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on STATUTORY/OTHER AUTHORITY: ORS , ORS , ORS STATUTES/OTHER IMPLEMENTED: ORS

5 ADOPT: RULE TITLE: Safety and Equipment Requirements for Inland Charter Boats RULE SUMMARY: Establishes safety and equipment requirements for inland charter vessels including first aid kits, life jackets, Type IV life ring buoy and other equipment. (1) Boats operating on sole state waters shall not exceed designed seating capacity unless certified by a United States Coast Guard (USCG) Certificate of Inspection, the National Association of Marine Surveyors (NAMS), or the Society of Marine Surveyors (SAMS). The seating capacity includes the total number of passengers and crew. (2) Each boat shall carry on board an approved first aid kit. (a) First aid kits shall be in accordance with Title 46 CFR as established on (b) Kits must be stored in a waterproof container and clearly marked as First-Aid Kit. (3) Each boat must possess and have readily available one USCG approved personal flotation device of the appropriate type and size for each passenger and crew. (a) Each boat carrying five or more passengers shall have one spare personal flotation device. (b) On river sections rated as Class III or higher on a commonly accepted scale of river difficulty, all employees and passengers are required to wear a properly secured personal flotation device. The personal flotation device must; (A) Be approved by the U.S. Coast Guard as a Type I, III, or V personal flotation device that is suitable for use on whitewater rivers. (B) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers. (C) Not be an inflatable personal flotation device, regardless of rating type. (4) Each boat shall have on board and immediately available one USCG approved Type IV life ring buoy. A throw bag with 40 feet of line may be carried in lieu of the Type IV requirement. (5) Each boat shall have on board at least one paddle or oar. (6) Each boat shall have on board an adequate power bilge pump and a bailing bucket or manual bilge pump. Bilge pumps shall be in accordance with Title 46 CFR as established on (7) Each boat shall have on board no less than one fire extinguisher in each operating station, machinery space, accommodation space and galley, pantry or concession per the table on 46 CFR as established on (8) Each boat shall carry a communication device capable of sending an emergency distress signal. (a) The device shall be appropriate for the area of operation. (b) Acceptable devices include but are not limited to: (A) Personal Locator Beacon (PLB); (B) Satellite Telephone; (C) Marine VHF Radio; or (D) Cellular Telephone. (9) Each boat shall be equipped with a suitable magnetic compass designed for marine use. (10) All closed compartments containing personal flotation devices, first aid kits, emergency communication devices and fire extinguishers shall be clearly labeled with their content, as follows: (a) One (1) inch high block letters indicating what the closed compartment contains; (b) Be of a color that will contrast with the color of the background; and (c) Be clearly visible and legible. (11) Each boat shall be equipped with a sound signaling appliance. The appliance shall be a horn, bell or whistle capable of making an efficient sound. STATUTORY/OTHER AUTHORITY: ORS , ORS , ORS STATUTES/OTHER IMPLEMENTED: ORS

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