b'SAFETY MATTERSSAFETYGrandfathering Past, Present, and FutureERIC CHRISTENSEN // PVA DIRECTOR OF REGULATORY AFFAIRS & RISK MANAGEMENTT he term grandfathering is used in lawExistingvesselsarebydefinitionunder46defined in regulations. This also means that and regulation to exempt persons orCFR 114.400 (K) and 175.400 (T) as vesselsif an existing vessel leaves certification due to things from new requirements. Regu- withacontractorkeellayingdatebeforea sale or extended lay-up (think COVID-19), lators such as the U.S. Coast Guard use grand- March 11, 1996, or initial certification dateit will not be required to meet the totality of fathering in regulation to mitigate the cost orbeforeSept.11,1996.Assuch,ifavesselcurrent K and T regulations when brought impact of a new regulation on the regulatedever held a Certificate of Inspection issuedback under certification. The Coast Guards vessel population. Most regulations require aby the Coast Guard before Sept. 11, 1996, itmain concern for vessels coming back into cost-benefit analysis to show that the benefitwill be considered an existing vessel unless itcertification should be what was done to the derivedfromnewrequirementsoutweighsundergoes a major conversion, which is alsovessel while not certificated. This should also the cost of implementing those requirementsbeaconcernforanynewowner.Current to industry. Benefit is normally characterizedrequirements will be applied to new installa-by expected lives saved, injuries prevented, ortions and modifications.a reduction in property loss or environmen- It may be easy to taldamage.WherenewregulationsemployTHE PRESENTnewtechnology,materials,orperformanceforget that thereIn the 27 years since publication, it may be standards,grandfatheringisusedtoeithereasytoforgetthattherearegrandfathering phase in compliance, or apply only to new con- are grandfatheringprovisions in place for almost half of the small struction. Recent high-profile casualties haveprovisions in passenger vessels operating today. It is import-called into question the Coast Guards use ofant for owners, operators, and Coast Guard grandfatheringindomesticsmallpassengerplace for almost inspectors to understand the applicability of vessel regulations.current regulations to existing vessels. A recent half of the small appeal victory by a vessel member who was THE PAST required to increase the rail height on his vessel InMarch1996,thecurrentSubchapterpassenger vessels to meet new regulations illustrates this point. KandTregulationswerepublishedandHad the grandfathering provisions not been implementedoveraperiodoftenyears.operating today.effectivelyargued,theCoastGuardDistrict Commander would not have overturned the Sectors requirement.As a reminder, Subchapters K and T are made up of parts. These parts divide the regulations intoareassuchasinspection,construction, machinery,lifesaving,etc.Atthebeginning of certain parts, a more specific applicability is given for existing vessels. In both Subchapters K and T, Applicability to existing vessels or Applicability; preemptive effect can be found in section 115. When specific applicability is not given, the requirements within the part are applicable to all vessels.RELIABLE POWER FOR A DEMANDING SCHEDULE Thefollowingisaquickreferenceguideto the applicability of each part of the current Your business cant compromise when it comes toregulations to existing vessels. Items that were maintaining a demanding schedule. Thats whyrequired to be phased in over a period of years, customers count on reliable John Deere PowerTechsuchasprimarylifesavingequipment,fixed marine engines. With high torque and low-rated rpm,extinguishing systems on wood and fiberglass John Deere engines deliver dependable power and quiet operation. vessels,bilgealarms,publicaddresssystems, etc.,arenotincluded.Vesseloperatorscan Full power range of marine engines 60 to 559 kw (80 to 750 hp) always comply with the new (1996) require-ments in lieu of existing vessel requirements.JohnDeere.com/MarineFOGHORN 26'