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Some boats simply cannot comply with U S Coast Guard safety standards because of the nature of their design or construction. For instance Personal Watercraft (PWCs) do not meet the strict letter of the fuel and electrical system regulations. Another example is drift boats. Drift boats, by the nature of their use, do not want built in flotation. A drifting boat on a swift river can become a floating missile and run into people in the water, possibly killing them. So the boats are designed to sink if they swamp so they don't become a hazard. Other boats are granted exemptions, such as airboats, race boats, and hovercraft. Another good example is Texas Flats Boats. They are not like Florida flats boats in that they have no sides. They are more like a flat boat with a seat on top and a motor mount on top. Passengers sit on, rather than in, the boat. So they cannot be tested for maximum weight capacity and persons capacity using the US Coast Guard's test. So they are granted an exemption from the capacity regulations based on their great stability and great amount of built in flotation. So how does a manufacturer stay legal but not have to comply with the regulations? The Federal Boat Safety Act contained a provision for granting exemptions. Title 46 United States Code Chapter 43 Subchapter 4305 Says: Sec. 4305. Exemptions If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. The U S Coast Guard has a process through which a builder can be exempted from a regulation they cannot comply with. This is called a Grant Of Exemption. The builder must apply in writing to the US Coast Guard explaining why they need and exemption. This application must contain the following. The regulation they want an exemption from. Why the boat cannot comply. How the boat will have the same level of safety achieved though alternative methods, than by meeting the requirement. All relevant drawings, photographs, tests, and any other material that supports the need for the exemption. Any other information that supports the application. If the Coast Guard grants the exemption they will require the builder to display a label on the boat that states that the boat does not meet the requirements for the regulation it is exempted from. Contact the U S Coast Guard at 202-372-1076 or FAX 202-372-1934. Or E-Mail Mr. Philip Cappel at philip.j.cappel@uscg.mil |
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