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Safety Recommendation Details

Safety Recommendation M-93-027
Details
Synopsis: ON AUGUST 7, 1992, THE UNITED KINGDOM PASSENGER VESSEL RMS (ROYAL MAIL SHIP) QUEEN ELIZABETH 2 (QE2) WAS OUTBOUND IN VINEYARD SOUND, MASSACHUSETTS, WHEN THE VESSEL GROUNDED ABOUT 2 1/2 MILES SOUTH OF CUTTYHUNK ISLAND. NO INJURIES OR DEATHS RESULTED FROM THIS ACCIDENT. HOWEVER, DAMAGE WAS SIGNIFICANT; TEMPORARY AND PERMANENT REPAIRS COST ABOUT $13.2 MILLION. IN ADDITION, THE TOTAL REVENUE LOST FOR THE PERIOD BEFORE THE VESSEL RETURNED TO SERVICE ON OCTOBER 2, 1992, WAS ESTIMATED AT $50 MILLION.
Recommendation: THE NTSB RECOMMENDS THAT THE DEPARTMENT OF TRANSPORTATION: WHEN IMPLEMENTING THE ACCESSIBILITY REQUIREMENTS FOR FERRIES AND OTHER VESSELS IN THE AMERICANS WITH DISABILITIES ACT (49 CFR 37.109), INCLUDE REQUIREMENTS TO ADVISE AND EVACUATE DISABLED PASSENGERS IN AN EMERGENCY.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action
Mode: Marine
Location: Bays and Sounds, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA92MM034
Accident Reports:
Grounding of the United Kingdom Passenger Vessel RMS Queen Elizabeth 2
Report #: MAR-93-01
Accident Date: 8/7/1992
Issue Date: 6/25/1993
Date Closed: 6/17/1997
Addressee(s) and Addressee Status: DOT (Closed - Unacceptable Action)
Keyword(s):

Safety Recommendation History
From: NTSB
To: DOT
Date: 6/17/1997
Response: THE BOARD IS DISAPPOINTED THAT THE ESTABLISHMENT OF ACCESSIBILITY GUIDLINES HAS BEEN DELAYED INDEFINITELY. BECAUSE MORE THAN 4 YEARS HAVE PASSED SINCE THIS RECOMMENDATION WAS ISSUED & THE DOT NOT PROCEED WITH DEVELOPMENT OF STANDARDS FOR FERRIES & OTHER VESSELS UNTIL THESE GUIDELINES ARE DEVELOPED, M-94-27 HAS BEEN CLASSIFIED "CLOSED--UNACCEPTABLE ACTION."

From: DOT
To: NTSB
Date: 4/29/1997
Response: IT HAS NOT YET BEEN DETERMINED WHETHER THE ADA APPLIES TO CRUISE VESSELS THAT OPERATE UNDER FOREIGN FLAGS. ATTORNEYS AT THE DEPARTMENT OF JUSTICE, THE ARCHITECTURAL & TRANSPORTATION BARRIERS COMPLIANCE BOARD (ACCESS BOARD), & THE DEPARTMENT OF TRANSPORTATION (DOT) BELIEVE THAT ADA DOES APPLY TO FOREIGN-FLAGGED VESSELS. HOWEVER, THE CRUISE SHIP INDUSTRY IS CONTESTING THE UNITED STATES, JURISDICTION OVER FOREIGN VESSELS IN MATTERS RELATED TO ADA. THIS ISSUE IS UNRESOLVED. AS STATED IN OUR PREVIOUS RESPONSE, DOT WILL NOT PROCEED WITH THE DEVELOPMENT OF STANDARDS FOR FERRIES & OTHER VESSELS UNTILTHE ACCESS BOARD HAS DEVELOPED ACCESSIBILITY GUIDELINES FOR THESE MODES OF TRANSPORTATION, AS THE BOARD IS REQUIRED TO DO UNDER THE ADA. THE ACESS BOARD HAS DELAYED ESTABLISHMENT OF SUCH GUIDELINES INDEFINITELY BECAUSE OF OUR PRIORITIES. MEANWHILE, DOT & THE ACCESS BOARD FUNDED A STUDY TO DETERMINE THE COST & FEASIBILITY OF APPLY ADA TO DOCKING FACILITIES & THE APROXIMATELY 6,000 U.S. PASSENGER VESSELS INSPECTED BY THE USCG. THE STUDY REPORT, RELEASED 7/26/96, PRESENTS OPTIONS & COST ESTIMATES TO PHASE IN ACCESSIBILITY FEATURES ON 6,000 U.S. PASSENGER VESSELS & DOCKING FACILITIES TO COMPLY WITH THE ADA. THIS STUDY IS ONLY THE FIRST STEP IN RESEARCH TO ESTABLISH WHAT WILL REQUIRED BY ADA. ADDITIONAL WORK MUST BE DONE TO EXAMINE SUCH MATTERS AS HAZARDS FACED BY PASSENGERS ON BOARD SHIP AS WELL AS NOTIFICATION & EVACUATION ISSUES UNIQUE TO SHIPS. WHEN THE RESEARCH IS COMPLETED, CONCEPTS PRESENTED IN THE REPORT WILL BECOME THE BASIS FOR DEVELOPING TECHNICAL STANDARDS FOR INCORPORATING ACCESSIBILITY FEATURES IN VARYING SIZES & CLASSES OF PASSENGER VESSELS, INCLUDING FERRY BOATS & U.S.-FLAGGED CRUISE SHIPS. GUIDELINES FOR ADVISING & EVACUATING PASSENGERS WILL BE ADDRESSED IN FINAL REGULATIONS FOR PASSENGER VESSELS. SUCH GUIDELINES WILL INCLUDE ACCOMODATIONS FOR DEAF & HEARING-IMPAIRED PERSON COVERED BY ACCESSIBILITY STANDARDS. THE BOARD PREVIOUSLY CLASSIFIED THIS RECOMMENDATION AS OPEN ACCEPTABLE. WE BELIEVE THAT CLASSIFICATION IS STILL APPROPRIATE. WE WILL KEEP BOARD APPRISED OF FURTHER PROGRESS IN THIS AREA.

From: NTSB
To: DOT
Date: 11/3/1993
Response: THE BOARD IS PLEASED THAT THE DOT AND USCG ARE ACTIVELY DISCUSSING IMPLEMENTATION OF THE AMERICANS WITH DISABILITIES ACT IN THE MARINE MODE, AND INTEND TO DEVELOP REGULATIONS AFTER REVIEWING GUIDELINES/RECOMMENDATIONS FROM THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD, WHICH ARE EXPECTED IN MID-TO-LATE 1995. THE BOARD UNDERSTANDS THAT FINAL RULES COULD BE PUBLISHED IN 1996 AND IS HOPEFUL THE PROBLEMS OF APPLYING THESE RULES TO FOREIGN-FLAG VESSEL OPERATORS CAN BE WORKED OUT. THEREFORE, BECAUSE THE DOT IS ACTIVELY PURSUING THIS ISSUE AND INTENDS TO INCLUDE MARINE TRANSPORTATION ISSUES IN THE FINAL RULE, RECOMMENDATION M-93-27 HAS BEEN CLASSIFIED "OPEN--ACCEPTABLE RESPONSE."

From: DOT
To: NTSB
Date: 9/22/1993
Response: BEFORE THE DEPARTMENT CAN DEVELOP REGULATIONS IT MUST AWAIT GUIDELINES BY THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD. THESE GUIDELINES ARE NOT EXPECTED UNTIL MID-TO-LATE 1995. WE AGREE THAT PROVISIONS FOR ADVICE TO DISABLED PASSENGERS AND THEIR SAFE EVACUATION IN THE EVENT OF AN EMERGENCY SHOULD BE CONSIDERED IN THE RULEMAKING. IN ANTICIPATION OF SUCH FUTURE RULEMAKING, STAFF OF THE OFFICE OF THE SECRETARY AND THE USCG HAVE BEGUN DISCUSSIONS ON THIS MATTER. AN ISSUE THAT REMAINS TO BE RESOLVED IS HOW THE DEPARTMENT'S REGULATION WILL APPLY TO VESSELS OPERATING UNDER FOREIGN FLAGS. THIS DEPARTMENT IS COMMITTEE TO TRANSPORTATION SAFETY FOR ALL CITIZENS AND WE WILL DO ALL WITHIN OUR POWER TO EXTEND THE PROVISIONS OF THE ADA TO THE MARINE AREA AS EXPEDITIOUSLY AS POSSIBLE. WE ESTIMATE AT THIS TIME WE SHOULD COMPLETE A FINAL RULE IN CY 1996. MY STAFF WILL KEEP BOARD APPRAISED OF OUR PROGRESS. SHOULD YOU HAVE ANY QUESTIONS ON THIS ISSUE, JOSEPH CANNY, DEPUTY ASSISTANT SECRETARY FOR TRANSPORTATION POLICY, CAN BE REACHED BY TELEPHONE AT 366-4540.