? Disaster Mitigation

APPENDIX H

SAFETY AND ACCESS

Safety is one of the ten factors identified as key to the successful operation of a Bay Area Water Transit System. This Appendix presents an overview of vessel and passenger safety considerations and regulations that govern terminal safety and the safe use of waterways by ferries.

Passenger safety, both on vessels and at terminal facilities is essential to a successful water transit system. Passengers must know that their transit on the water is secure, and that security measures are in place at terminal locations to ensure safe ingress and egress. Design factors and operating procedures that ensure passenger safety must therefore be incorporated into every component of the system.

VESSEL SAFETY

Several agencies currently oversee safe use of the Bay's waterways, including the Coast Guard Captain of the Port of San Francisco, the Coast Guard Vessel Traffic Service San Francisco Bay (VTS), and the Marine Exchange of the San Francisco Bay Region (Marine Exchange).

U.S. Coast Guard Vessel Traffic Service (VTS)

Scope of Coverage

The VTS area consists of all the navigable waters of San Francisco Bay Region south of the Mare Island Causeway Bridge, the Petaluma River Entrance Channel Day Beacon "19", Petaluma River Entrance Light "20", and north of the Dunbarton Bridge. Its seaward approaches encompass an area within a 38 nautical mile radius of Mount Tamalpais (37 deg 55.8 min N., 122 deg 34.6 min W.) Its navigable tributaries extend as far east as the port of Stockton on the San Joaquin River, and as far north as the Port of Sacramento on the Sacramento River.

VTS Concept of Operations

The primary function of VTS San Francisco is to instill good order and predictability on Bay Area waterways. This is accomplished by coordinating vessel movements through the collection, verification, organization, and dissemination of information. To accomplish this, VTS San Francisco uses the concept of a "continuum of control" consisting of the following levels: monitor, inform, recommend, and direct.

Monitor: Using radar, CCTV, and radiotelephone equipment, vessel traffic is monitored in the VTS area. VTS also receives information from various sources on predicted vessel movements, hazards to navigation, aids to navigation discrepancies, and other information of interest to VTS users. Monitoring vessel traffic allows VTS to ensure that vessels are being navigated safely and efficiently in accordance with applicable regulations and navigation rules.

Inform: VTS analyzes the information gathered and uses that analysis to inform participants. This is done at the user's request, when it appears necessary to VTS personnel, or at regular intervals. The purpose of informing participants is to give them timely information to permit them to make decisions concerning the navigation of their vessels.

Recommend: Almost all VTS San Francisco operations are conducted at the monitor and inform levels. However, at certain times VTS will recommend that action be taken by a participant to prevent a potentially dangerous situation. Such recommendations are made on the premise that there is information available to VTS of which the participant may not be aware.

Direct: On very rare occasions VTS will direct movement or actions of a participant. Direction would be given in cases when the VTS observes obvious violations of regulations or an obvious and immediately dangerous condition of which the participant is not or does not seem to be aware.

Ultimate responsibility for safe navigation of a vessel remains with the master or person in charge. When performing the functions discussed here, VTS does not relieve the master or person in charge of his or her responsibility to control vessel movement. At no time is that person relieved by the VTS of responsibilities assigned by the applicable Navigation Rules and other pertinent laws or regulations, or relieved of responsibility to take any precaution which may be required by the ordinary seaman or under the particular circumstances of the case.

Fishing vessels and recreational vessels, although generally not required to participate in VTS, are encouraged to monitor the VTS radio channels, as needed, for traffic movement information.

Inshore Sector VTS Procedures

VTS maintains a continuous radiotelephone watch on VHF-FM channels 12 (156.60 MHz), 13 (156.65 MHz), 14 (156.70 MHz) and 16 (156.80 MHz). The call sign is "SAN FRANCISCO TRAFFIC." Once communications are established, the abbreviated call sign "TRAFFIC" may be used. If communications on ch. 12, ch. 13 or ch. 14 are lost, the user can call TRAFFIC on ch. 16, but may be asked to shift to another frequency. All reports should be in English and use the 24 hour clock system.

The VTS Area is separated into two sectors with a separate dedicated operating frequency for each sector. The Inshore Sector consists of the waters of the San Francisco Offshore Precautionary Area eastward to San Francisco Bay and its tributaries extending inland to the ports of Stockton, Sacramento, and Redwood City. This sector uses channel 14 and the Offshore Sector uses channel 12. Participation procedures for each of these sectors are outlined in the Inshore Sector Reporting Procedures and the Offshore Sector Reporting Procedures of the Users Manual.

In addition to monitoring the VTS-dedicated frequency for the sector in which the vessel is operating, vessels that are required to participate in the VTS must maintain a listening watch on channel 13. A listening watch on channel 16 is not required for vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act and participating in a VTS system when the watch is maintained on both the vessel bridge-to-bridge frequency and a designated VTS frequency. Nothing in these procedures contravenes or modifies the Vessel Bridge-to-Bridge Radiotelephone Regulations.

Inshore Sector VTS Reporting Requirements

1. Sailing Plan: Passenger vessels (certified to 50 or more passengers) must provide VTS a sailing plan on channel 14 VHF-FM 5 minutes prior to entering the VTS area. The Sailing Plan should contain:

§ Vessel name

§ Position

§ Destination

§ Route

Unless declined, the vessel will be provided with a traffic report from the VTS controller.

2. Monitoring: Vessels must maintain a listening watch on channel 13.

3. Position Reports:– Reports must be made by ferry boats

§ Once the vessel is underway or upon entry into a VTS area

§ When passing a reporting point

§ At least every 30 minutes

4. Sailing Plan Deviation Report:– A vessel must report

§ When ETA to a destination deviates significantly from a reported ETA

§ Any emergency situation (as soon as practicable)

§ Any hazard to navigation

§ Any intention to deviate from a VTS measure or regulated

navigational area

§ Any significant deviation from previously reported information

5. Final Report – Upon docking, anchoring, mooring or departing the VTS area, report the position to the VTS.

Inshore Sector VTS Reporting Points

Reporting points are locations where vessels are directed to contact VTS. Additional reporting points may be required due to vessel impairments, weather conditions, or if VTS radar becomes inoperative. Inshore Sector reporting points are:

§ Point of Entry into VTS Area

§ San Mateo Bridge

§ Redwood Creek Entrance Light 2

§ Dumbarton Bridge

§ Richmond-San Raphael Bridge

§ ‘E’ Buoy San Pablo Strait Channel

§ Petaluma Channel Daybeacons 1 & 2

§ Petaluma Daybeacon 19

§ Mare Island Strait Light 1 (when Inbound/Outbound Mare Island Strait)

§ Mare Island Causeway Bridge

§ Carquinez Bridge

§ Southern Pacific Railroad Bridge

§ Naval Weapons Station Concord (Port Chicago)

§ New York Point

§ Antioch Bridge

§ Prisoners Point

§ Rio Vista Bridge

§ Sacramento Deep Water Channel Light 51 & Light 65

§ At destination or upon departing the VTS Area

Providing VTS Route Intentions

All vessels must be aware of and follow the San Francisco Bay traffic routing system. The system includes a Traffic Separation Scheme (TSS) in the Offshore Sector and Regulated Navigational Areas (RNAs) in the Inshore Sector. VTS must be notified before deviating from the TSS or RNA.

Offshore Sector VTS Procedures

The Offshore Sector area is formally defined as the ocean waters within a 38 nautical-mile radius of Mount Tamalpais (which is at 37deg 55.8min N 122deg 34.6min W) excluding the San Francisco Offshore Precautionary Area (the San Francisco Offshore Precautionary Area is the area within a six-mile radius of the San Francisco Sea Buoy [SFSB].)

This translates roughly to an arc crossing the shoreline near Bodega Head, crossing Cordell Bank, then curving southward to pass about 30 nautical miles west of the San Francisco Sea Buoy, and eastward to cross the shoreline near Pescadero Point. This arc is shown on charts 18640 and 18680.

The shoreward boundary of the Offshore Sector is a line from Duxbury Point 180 degrees to the boundary of the San Francisco Offshore Precautionary Area, then following the boundary of the Precautionary Area past the "N," "W" and "S" buoys, and then from the boundary of the San Francisco Offshore Precautionary Area 090 degrees to Mussel Rock.

When vessels are inbound, 15 minutes from the outermost reporting point (sector boundary) on their route, they must call VTS on channel 12 to report their sailing plan.

Safe Vessel Speed

The U.S. Code provides only limited guidelines with respect to speed for vessels. Within RNAs, all vessels over 1,600 tons gross weight are limited to 15 knots. There are no other specific speed requirements except that all vessels operate under a "safe speed" for the prevailing conditions. Rule 6 from the U.S. Code, regarding safe speed, is presented below.

33 CFR Sec. 2006. Safe speed (Rule 6)

Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

(i) the state of visibility;

(ii) the traffic density including concentration of fishing vessels or any other vessels;

(iii) the maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(iv) at night the presence of background light such as from shores lights or from back scatter of her own lights;

(v) the state of wind, sea, and current, and the proximity of navigational hazards;

(vi) the draft in relation to the available depth of water.

(b) Additionally, by vessels with operational radar:

(i) the characteristics, efficiency and limitations of the radar equipment;

(ii) any constraints imposed by the radar range scale in use;

(iii) the effect on radar detection of the sea state, weather, and other sources of interference;

(iv) the possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(v) the number, location, and movement of vessels detected by radar; and

(vi) the more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.

Requirements for Vessel Movement in Limited Visibility

The speed requirements in conditions of restricted visibility are, again, that the speed be safe for the prevailing conditions. A U.S. Coast Guard representative stated that when visibility is less than one mile in San Francisco Bay, the Vessel Traffic Service (VTS) is required to report ferry traffic to all other traffic, but there are not other specific requirements. Rule 19 of the U.S. Code, regarding restricted visibility is presented below.

33 CFR Sec. 2019. Conduct of Vessels in Restricted Visibility (Rule 19)

(a) Vessels to which rule applies

This Rule applies to vessels not in sight of one another when navigating in or near an area of restricted visibility.

(b) Safe speed; engines ready for immediate maneuver

Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have her engines ready for immediate maneuver.

Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with Rules 4 through 10.

(d) Detection of vessel by radar alone

A vessel which detects by radar alone the presence of another vessel shall determine if a close-quarters situation is developing or risk of collision exists. If so, she shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:

(i) an alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken; and

(ii) an alteration of course toward a vessel abeam or abaft the beam.

(e) Reduction of speed to minimum

Except where it has been determined that a risk of collision does not exist, every vessel which hears apparently forward of her beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of her beam, shall reduce her speed to the minimum at which she can be kept on course. She shall if necessary take all her way off and, in any event, navigate with extreme caution until danger of collision is over.

Vessel Security

The death of a U.S. citizen, during the hijacking of the Achille Lauro in 1985, demonstrated the threat of terrorism to passenger vessels and associated terminals. To address this threat, the President signed into law the Omnibus Diplomatic Security and Antiterrorism Act of 1986 [Pub. L. 99-399; 100 Stat. 889], Title IX of which constitutes the International Maritime and Port Security Act. That Act amended the Ports and Waterways Safety Act [33 U.S.C. 1221], and provided the Coast Guard authority to ``carry out or require measures, including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to acts of terrorism'' [Sec. 906].

The Coast Guard implemented a rule, effective November 13, 1998, for the security of passenger vessels and passenger terminals (33 CFR Parts 120 and 128). The purpose of this rule is to deter, or mitigate the results of terrorism and other unlawful acts against passenger vessels and passenger terminals. The rule requires that all passenger vessels and passenger terminals covered by the rule submit plans to ensure that passenger vessels and passenger terminals are prepared to handle terrorist threats or actions .

This rule provides for a collection of information under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.]. It requires the development of security plans for both passenger vessels and passenger terminals. It also requires the amendment of the plans to keep them current and the reporting of unlawful acts to the Coast Guard. The submitted Security Plans are exempt from the "Freedom of Information Act'" by enactment of the ``Coast Guard Authorization Act of 1996'' [Pub. L. 104-324], which exempts these plans from required disclosure to the public [( 302; 33 U.S.C. 1226(c)].

The following sections include excerpts from the Federal Regulations which relate to the requirements of the Vessel Security Program and Vessel Security Officer.

The Vessel Security Program (Sec. 120.200) must cover:

(a) If this part applies to your passenger vessel, you must implement a program for that vessel that:

(1) Provides for the safety and security of persons and property traveling aboard the vessel, against unlawful acts;

(2) Prevents or deters the carriage aboard the vessel of any prohibited weapon, incendiary, or explosive, on or about any person or within his or her personal articles or baggage, and the carriage of any prohibited weapon, incendiary, or explosive, in stowed baggage, cargo, or stores;

(3) Prevents or deters unauthorized access to the vessel and to restricted areas aboard the vessel;

(4) Provides appropriate security measures for Security Levels I, II, and III that allow for increases in security when the Commandant or Captain of the Port (COTP) advises you that a threat of an unlawful act exists and may affect the vessel or any person aboard it;

(5) Designates, by name, a security officer for the vessel;

(6) Ensures that all members of the crew are adequately trained to perform their duties relative to security; and

(7) Provides for coordination with terminal security while in port.

(b) If this part applies to your passenger vessel, you must work with the operator of each terminal at which that vessel embarks or disembarks passengers, to provide security for the passengers and the vessel. You need not duplicate any provisions fulfilled by the terminal unless directed to by the Commandant. When a provision is fulfilled by the terminal, the applicable section of the Vessel Security Plan required by Sec. 120.300 must refer to that fact.

The Vessel Security Officer’s responsibilities are as follows (Sec. 120.210):

(a) If this part applies to your passenger vessel, you must designate a security officer for your vessel.

(b) This officer must ensure that;

(1) An initial comprehensive security survey is conducted and updated;

(2) The Vessel Security Plan required by Sec. 120.300 is implemented and maintained, and amendments to correct its deficiencies and satisfy the security requirements for the vessel are proposed;

(3) Adequate training for members of the crew responsible for security is provided;

(4) Regular security inspections of the vessel are conducted;

(5) Vigilance is encouraged, as well as is general awareness of security, aboard the vessel;

(6) All occurrences or suspected occurrences of unlawful acts and related activities are reported under Sec. 120.220; and

(7) Coordination, for implementation of the Vessel Security Plan required by Sec. 120.300, takes place with the terminal security officer at each terminal where the vessel embarks or disembarks passengers.

The Vessel Security Plan requires (Sec. 120.300):

(a) If your passenger vessel is subject to this part, you must develop and maintain, in writing, for that vessel, an appropriate Vessel Security Plan that:

(1) Is unique to the vessel;

(2) Articulates the program required by Sec. 120.200; and

(3) Includes an appendix, for each port where the vessel embarks or disembarks passengers, that contains port-specific security information.

(b) The Vessel Security Plan must be developed and maintained under the guidance in IMO MSC Circular 443, and must establish security measures to take for Security Levels I, II, and III, to:

(1) Deter unauthorized access to the vessel and its restricted areas;

(2) Deter the introduction of prohibited weapons, incendiaries, or explosives aboard the vessel;

(3) Encourage vigilance, as well as general awareness of security, aboard the vessel;

(4) Provide adequate training to members of the crew for security aboard the vessel;

(5) Coordinate responsibilities for security with the operator of each terminal where the vessel embarks or disembarks passengers; and

(6) Provide information to members of the crew and to law-enforcement personnel, in case of an incident affecting security.

(d) You must restrict the distribution, disclosure, and availability of information contained in the Vessel Security Plan to those persons with an operational need to know.

If an unlawful act is observed (Sec. 120.220):

(a) Either you or the vessel security officer must report each breach of security, unlawful act, or threat of an unlawful act against any of your passenger vessels to which this part applies, or against any person aboard it, that occurs in a place subject to the jurisdiction of the United States. You must report the incident to both the COTP and to the local office of the Federal Bureau of Investigation (FBI). Also, if your vessel is a U.S.-flag vessel, you must report each such incident that occurs in a place outside the jurisdiction of the United States to the hotline of the Response Center of the Department of Transportation at 1-800-424-0201, or, from within metropolitan Washington, D.C., at 202-267-2675.

(b) Either you or the vessel security officer must file a written report of the incident, using the form ``Report on an Unlawful Act,'' contained in IMO MSC Circular 443, which you or the officer must forward as soon as possible to Commandant (G-MOR), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001. You may initially file the report with Commandant (G-MOR) by fax at (202) 267-4085 or -4065.

Potential Future Changes to safety requirements

High Speed Ferry Lanes

According to a Coast Guard representative, high speed ferry lanes in the future are unlikely.

Active Controls

According to a Coast Guard representative, active traffic controls in the future also appear unlikely. Such a practice would represent a major directional change for the Coast Guard, which prides itself on minimum controls.

Automated Information System (AIS)

The Automated Information System (AIS) is the next generation of vessel tracking. According to a Coast Guard Operations representative, this system will be on line soon, is described as analogous to the airline industry "black boxes", and will include tracking capabilities for both ship-to-shore and ship-to-ship applications. Implementation of AIS will involve an upgrade of VTS.

TERMINAL AND FACILITIES SAFETY

there should be a spirit of cooperation among the water transit operators and regulators to develop safety-oriented public awareness for all aspects of the water transit system, including safety at the terminals and related facilities. Landside, the terminal will serve several regional transit operators. Therefore, it will be necessary for the terminal operator to incorporate their relative safety measures. At a minimum, safety guidelines at terminals and facilities should address elements listed below. These guidelines provide minimum standards, provisions, and requirements for safe and stable design, methods of construction, and operation.

Compliance With Local Building Codes

Terminal facilities are public gathering places. This means that a large number of people will be physically located in one place at any particular time. Therefore, it will be necessary to incorporate design features which address local building codes for public spaces. Generally, the following conditions should be addressed during the construction/reconstruction of water transit terminals:

- Fire

- Construction materials

- Elevators and escalators

- Construction safety

- Roof covering

- Fire resistive standards

- Electrical/lighting

- Plumbing

- Mechanical and ventilation

Operating Procedures

Operating procedures to ensure the protection of life, health and safety are recommended for all terminals and facilities of the water transit system. Operating procedures for the following areas are recommended for further development and implementation.

- Clean-up procedures. (for example, no debris should remain on site following a fire, windstorm, earthquake, demolition or other building works; where public access is provided, equipment, tools and materials stored.

- Means of Egress

- Security and forced entry procedures

- Fire protection equipment

- Signage

Contingency Manual for Emergencies

A contingency manual for times of emergency is recommended for water transit terminals. These contingency measures can be separate or be a part of general operating procedures for the system. At a minumum, contingency measures should address the following.

- Public evacuation procedures

- Precaution procedures for securing buildings and equipment during emergencies

Rules and regulations should be adopted by all terminal operators to further ensure protection of health, life and safety.

Coast Guard Requirements for Terminal Security

As described above, the Coast Guard rule for the security of passenger vessels and passenger terminals (33 CFR Parts 120 and 128) was implemented to deter, or mitigate the results of, terrorism and other unlawful acts against passenger vessels and passenger terminals. The rule requires that all passenger terminals covered by the rule to submit plans to ensure that terminals are prepared to handle terrorist threats or actions.

The following sections include excerpts from the Federal Regulations which relate to the requirements of the Terminal Security Program and Terminal Security Officer.

Terminal Security Plan (Sec. 120.303):

(a) You must submit a Terminal Security Plan whenever:

(1) There is an agreement with the owner or operator of a terminal that you will submit the Plan;

(2) You have exclusive use of the pier and terminal building immediately adjacent to the pier and have complete control of that area;

(3) There is no terminal; or

(4) Passengers embark or disembark but no baggage or stores are loaded or offloaded.

(b) In the situations described in paragraphs (a)(3) and (4) of this section, you may, with the permission of the cognizant COTP, use an annex to the vessel's security plan instead of a Terminal Security Plan.

(1) There is an agreement with you that the owner or operator of the terminal will submit the Plan;

(2) No security agreement exists; or

(3) (i) At least one vessel other than a passenger vessel uses the terminal;

(ii) More than one passenger vessel line uses the terminal; or

(iii) The terminal loads or offloads baggage or stores.

Terminal Security Plan (Sec. 128.200):

(a) If this part applies to your passenger terminal, you must implement for that terminal a program that:

(1) Provides for the safety and security of persons and property in the terminal and aboard each passenger vessel subject to part 120 of this chapter moored at the terminal, against unlawful acts;

(2) Prevents or deters the carriage aboard any such vessel moored at the terminal of any prohibited weapon, incendiary, or explosive on or about any person or within his or her personal articles or baggage, and the carriage of any prohibited weapon, incendiary, or explosive in stowed baggage, cargo, or stores;

(3) Prevents or deters unauthorized access to any such vessel and to restricted areas in the terminal;

(5) Designates, by name, a security officer for the terminal;

(6) Provides for the evaluation of all security personnel of the terminal, before hiring, to determine suitability for employment; and

(7) Provides for coordination with vessel security while any passenger vessel subject to part 120 of this chapter is moored at the terminal.

(b) If this part applies to your passenger terminal, you must work with the operator of each passenger vessel subject to part 120 of this chapter, to provide security for the passengers, the terminal, and the vessel. You need not duplicate any provisions fulfilled by the vessel unless directed to by the COTP. When a provision is fulfilled by a vessel, the applicable section of the Terminal Security Plan required by Sec. 128.300 must refer to that fact.

Responsibilities of the Terminal Security Officer (Sec. 128.210):

(a) If this part applies to your passenger terminal, you must designate a security officer for the terminal.

(b) This officer must ensure that:

(1) An initial comprehensive security survey is conducted and updated;

(2) The Terminal Security Plan required by Sec. 128.300 is implemented and maintained, and that amendments to correct its deficiencies and satisfy the security requirements of the terminal are proposed;

(3) Adequate training for personnel responsible for security is provided;

(4) Regular security inspections of the terminal are conducted;

(5) Vigilance is encouraged, as well as is general awareness of security, at the terminal;

(6) All occurrences or suspected occurrences of unlawful acts and related activities are reported under Sec. 128.220 and records of the incident are maintained; and

(7) Coordination, for implementation of the Terminal Security Plan required by Sec. 128.300, takes place with the vessel security officer of each vessel that embarks or disembarks passengers

Terminal Security Plan (Sec. 128.300):

(a) If your passenger terminal is subject to this part, you must develop and maintain, in writing, for that terminal, an appropriate Terminal Security Plan that articulates the program required by Sec. 128.200.

(b) The Terminal Security Plan must be developed and maintained under the guidance in IMO MSC Circular 443 and must address the security of passengers aboard passenger vessels subject to part 120 of this chapter, of members of crews of such vessels, and of employees of the terminal, by establishing security measures to take for Security Levels I, II, and III, to:

(1) Deter unauthorized access to the terminal and its restricted areas and to any passenger vessel moored at the terminal;

(2) Deter the introduction of prohibited weapons, incendiaries, and explosives into the terminal and its restricted areas and onto any passenger vessel moored at the terminal;

(3) Encourage vigilance, as well as general awareness of security, at the terminal;

(4) Provide adequate security training to employees of the terminal;

(5) Coordinate responsibilities for security with the operator of each vessel that embarks or disembarks passengers at the terminal; and

(6) Provide information to employees of the terminal and to law-enforcement personnel, in case of an incident affecting security.

(b) You must amend the Terminal Security Plan to address any known deficiencies.

(d) You must restrict the distribution, disclosure, and availability of information contained in the Terminal Security Plan to those persons with an operational need to know.

If an unlawful act is observed (Sec. 128.220):

(a) Either you or the terminal security officer must report each breach of security, unlawful act, or threat of an unlawful act against the terminal, a passenger vessel subject to part 120 of this chapter destined for or moored at that terminal, or any person aboard the terminal or vessel, to the COTP, to the local office of the Federal Bureau of Investigation (FBI), and to the local police agency having jurisdiction over the terminal.

(b) Either you or the terminal security officer must file a written report of the incident using the form ``Report on an Unlawful Act,'' contained in IMO MSC Circular 443, as soon as possible, to the local COTP.

Coast Guard Passenger Vessel Safety Regulations

The extent of Coast Guard safety regulations for passenger vessels increase generally with vessel size and passenger capacity, and as their waters of service increase from benign to fully exposed. There are three categories of passenger vessel safety regulations. Subchapter T vessels are under 100 US gross tons and carry 150 or fewer passengers. Subchapter K vessels are under 100 US gross tons but carry more than 150 passengers. Subchapter H are all vessels over 100 US gross tons which carry more than 12 passengers. It is anticipated that all of the passenger ferries serving in the Bay Area Water Transportation System will be either Sub T or Sub K vessels and that most will operate within the partially protected waters of San Francisco Bay and the protected waters of its tributaries.

Certain crew members on passenger vessels are licensed by Coast Guard to perform specific duties. They also specify the job function and required capabilities of many unlicensed crew members. Mobility, sight and hearing are essential functions for many licensed and unlicensed crew jobs in order that they can carry out their duties, especially when providing assistance to passengers in emergencies. It is not expected that there will be many instances where severely disabled persons will be crew members on passenger ships; however, the vessel design must anticipate the need to provide reasonable accommodation for disabled crew members.

The primary Coast Guard passenger vessel safety requirement which is in conflict with ADA accessibility requirements is the need for high door sills and high opening force doors to prevent the ingress of water from weather decks and free movement of water within the vessel. Ramps over high sills can give wheelchair access; however, great care must be taken so that these ramps do not become hazards to other persons. The operation of doors, especially those to weather decks can be power assisted.

Another Coast Guard safety requirement for Sub K and Sub H vessels is for areas of safe refuge where all passengers and crew can be temporarily sheltered from fire and flooding until they can disembark. There must be a safe route to the refuge from all stair towers from the refuge to vessel disembarkation areas. Areas of refuge can include stairwells and other areas not normally accessible to passengers. These areas can present problems for persons in wheelchairs and other mobility impairments as well as the sight and hearing impaired. While disabled persons may be able to gain access to the refuge areas, they may cause problems because of crowding, an inability to proceed to disembarkation areas, hear crew instructions or see exit routes. These problems can be solved primarily through crew training and assistance to passengers.

ACCESS

ADA Requirements and Considerations

The Americans With Disabilities Act of 1990 (ADA) regulations for land-based facilities are well established, allowing disabled persons the same opportunities for employment and access to services, accommodations, transportation, commercial facilities as for non-disabled persons.

Title I of ADA prohibits discrimination against qualified individuals with regard to employment. Title II prohibits discrimination in public services provided by state and local governments (public sector). Title III prohibits discrimination in public accommodations and commercial facilities (private sector). Title IV requires telephone companies make relay services available for hearing and speech impaired persons. Title V ties the ADA to the 1964 Civil Rights Act.

When ADA was passed into law the Justice Department omitted water transportation, vessels, and access to them at terminals from specific requirements of the law because passenger vessels present much different design issues than buses and trains. Time was needed to compile information on the number and types of vessels, the number and types of docks, and financial impact of compliance on the industry as well as other accessibility issues unique to water transportation. Land based passenger terminals, up to the point a person begins to transfer to a vessel, are subject to existing ADA regulations. Notwithstanding the omission of water transport, is clear that ADA was intended to apply to all public and private sector services, facilities and transportation including water transportation. Unfortunately, this has left passenger vessel owners, designers and builders in the position of having to meet the intent of ADA without knowing exactly how the law will be interpreted and put into regulation form at some future time.

The Department of Transportation (DOT) is responsible for issuing ADA regulations for waterborne passenger transportation. This process of writing and issuing the regulations was stalled while data on passenger vessels and docks was compiled. However, in March of 1998 the Architectural and Transportation Barriers Compliance Board determined that "Sufficient information is now available to develop accessibility guidelines and standards for passenger vessels" and announced its intent to establish a Passenger Vessel Access Advisory Committee (Committee). The Committee is made up of organizations which represent interests affected by accessibility of passenger vessels including vessel owners and operators, designers and manufacturers of vessels, individuals with disabilities and others. DOT and the Coast Guard are to work with the Committee which will make recommendations in a report to be issued 18 months after its first meeting. The first Committee meeting was held on September 24-25, 1998, so the report should be issued by February 2000. The second Committee meeting is scheduled for February 4-5, 1999. After the Committee report is issued additional time will be required to write the regulations, give notice of proposed rule making, receive and evaluate public comments, and then publish the final regulations. This means that it will be at least several more years until the water transport industry has a firm idea of what will be required to make passenger vessels and docks accessible. It is anticipated that the accessibility regulations will apply to all new construction vessels and docks shortly after the final rule making and that existing vessels and docks can expect a reasonable phase-in period.

How Will ADA Be Applied to Water Transportation?

Title I prohibits discrimination in hiring, promotion or any other aspect of employment. Employers are no longer allowed to ask potential employees if they have ever had a physical or mental disability and can no longer assume that a disability prevents a person from performing the essential functions of a job. Physical ability job standards must relate directly to essential job function for each position and site. The employer must make reasonable accommodation for disabled employees as long as it does not cause undue hardship. This must be kept in mind by owners, designers and builders of all vessels when laying out crew work and accommodation areas.

Title II of ADA established requirements for the purchase, lease or remanufacture of vehicles operated by state and local government entities which provide public transportation by bus, rail or any other conveyance on a regular or continuing basis. Bay Area WaterTransit passenger vessels such as ferries that are owned or leased and operated by a local government entity will be subject to the requirements of Title II. Likewise, if the docks or means of access to and from vessels are publicly owned or leased, the docks are also subject to the requirements to Title II, whether or not the vessels using them are publicly or privately owned

Title III of ADA established requirements for the purchase or lease of vehicles operated by private entities, who are primarily engaged in the business of transporting people and whose operations affect commerce, to provide public transportation by bus, rail or any other conveyance on a regular and continuing basis. Cruise ships, excursion boats and ferries operated by private entities are subject to the requirements of Title III. Title III also establishes requirements for the purchase and lease of vehicles by private entities who are not engaged primarily in the business of transporting the public but who operate a demand responsive or fixed route system. For example, shuttle boats operated by hotels or amusement parks to transport patrons and the vessels and the access to them, are subject to the requirements of Title III.

Title III of ADA also establishes requirements for new construction and alteration of places of public accommodation operated by private entities. Places of accommodation include, among others, establishments serving food and drink and places of exhibition and entertainment. Passenger vessels or portions of vessels that fall within the places of public accommodation are subject to both the transportation and public accommodation requirements of Title III. Cruise ships, dinner boats, gambling boats, and sightseeing boats fall into this category.

If the Bay Area Water Transit System vessels are owned, leased and privately operated. these vessels will be subject to the transportation portion of Title III. If these privately owned, leased or operated vessels were to be used, during off hours, as dinner or sightseeing boats, they would also come under the public accommodation portion Title III.

Barriers to Accessibility

The design and operation of passenger ferries is based on the unique environment in which they operate. The safety of the passengers and crew depend on the amount of freeboard, intact and damaged stability, watertight and weathertight envelopes, and a structure able to resist static loads, respond to dynamic loads, and survive damage from collisions and groundings. Passenger ferries are often constrained by space, weight, and stability in order to minimize overall size and cost, maximize economical speed, and provide accommodations for passengers and crew. The smaller the vessel size, the higher the passenger density and the higher the speed the more critical space, weight and stability issues become, and the more difficult it will be to incorporate accessibility features into its design.

The most obvious and difficult barriers to overcome for ferry systems relate to mobility, safety and amenities for people in wheelchairs. The most obvious and difficult mobility barrier is embarkation and disembarkation to and from the vessel using a dock or gangway. For the Bay Area Water Transit System these docks or gangways will be fixed to shore at each terminal and will be publicly owned and operated, causing these facilities will fall under Title II of ADA. Mobility barriers on board a vessel include, deck camber and shear (both used to shed water from weather decks), passageway widths, door widths, door sills, door opening arrangements, access between decks and access to open decks. With regard to safety; the out-of-level attitude of the deck and motions caused by waves make wheelchair movement difficult and sometimes dangerous so tie down fittings are required, and arrangements for emergency egress and evacuation will require crew assistance and special crew training. Amenities include accessible bathroom facilities, food service, access to fresh air on an open deck if available to other passengers and the same variety of seating options as other passengers. On multi-deck ferries these amenities can all be contained on a single deck accessible to wheelchairs. Persons with other mobility impairments have most of the same barriers but to a lesser extent.

Safety issues are the most important for sight and hearing impaired persons such as not being able to read or hear emergency announcements. Visual and audible instructions and alarms must be provided for all passenger locations. Mobility barriers can be overcome by using tactile strips, Braille signs and avoidance of projections into passageways. Amenities include reading cards and taped messages for information and instructions.