46 FOGHORN S ometimes persistence pays off. In May 2026, the U.S. Coast Guard updated a work instruction for laid up and inactive vessels that provided much needed direction for determining if a small passenger vessel built before 1996 re- turning to service following a period where the certificate of inspection (COI) was surrendered or not main- tained could be re-certificated as an existing vessel. Until this update, owners were generally told that if their COI lapses for any reason, their vessel would need to meet new regu- lations to be re-certificated. That is simply not true, and the revised work instruction backs up what has been my interpretation of the regulations since 1996. One sentence in the revised work in- struction sums up the clarity PVA has been seeking for years: “A previously certificated vessel does not automatically qualify as an ‘existing’ vessel, nor does it automatically become a ‘new’ one when returning to service.” [Emphasis added] EXISTING OR NEW VESSEL? When the subchapter T regulations were updated and Subchapter K was created in 1996, there were provisions for existing vessels to be grandfa- thered especially where construction and arrangement, machinery, and electrical installations were con- cerned. The Coast Guard determined it was not practical physically or eco- nomically to require a fleet of 5,600 vessels to meet the new regulations. Updates to firefighting and lifesaving were addressed over a phase-in period of three to five years. Determining if a small passenger vessel is a new or existing vessel has direct bearing on what regulations are applicable. As such, a couple defi- nitions out of 46 CFR 115.400 (Sub- chapter K) and 175.400 (Subchapter T) are in order. “Existing vessel” means a vessel that is not a new vessel. New vessel means a vessel: 1. The initial construction of which began on or after March 11, 1996; 2. Which was issued an initial certificate of inspection on or after Sept. 11, 1996; 3. Which underwent a major conver- sion that was initiated on or after March 11, 1996; or 4. Which underwent a major conver- sion that was completed and for which an amended Certificate of Inspection was issued on or after Sept. 11, 1996. So, it is clear to me and has been the argument during numerous recon- sideration and appeals cases, that if the vessel held a Certificate of In- spection (COI) before the dates in 1996 above, it should be treated as an existing vessel when brought back into service unless it underwent a “major conversion.” There are other considerations which are covered below where a small passenger vessel returning to service may be required to meet new regulations. Yet another definition. “Major conversion” means a conver- sion of a vessel that, as determined by the commandant: 1. Substantially changes the dimensions or carrying capacity of the vessel; 2. Changes the type of vessel; 3. Substantially prolongs the life of the vessel; or 4. Otherwise so changes the vessel that it is essentially a new vessel. The commandant has delegated the responsibility of determining a ma- jor conversion to the commanding officer of the Marine Safety Center (MSC). Only the MSC can make a major conversion determination. It is important that a vessel owner or op- erator engage the Coast Guard early in the process of refit or modifica- tions to a vessel. ERIC CHRISTENSEN // PVA DIRECTOR OF REGULATORY AFFAIRS & RISK MANAGEMENT Good News for Existing Vessel Determinations SAFETY MATTERS
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