Petition to the U.S. Coast Guard and Congress
Close the Bareboat Charter Loophole and Apply Equal Passenger Safety Standards

To:
The United States Coast Guard, Members of Congress, and Federal Maritime Regulators

Across the United States, federally inspected passenger vessels and licensed charter operators are held to strict safety standards designed to protect passengers on the water. These operators invest heavily in compliance, training, inspections, safety equipment, insurance, and crew qualifications.

However, current federal regulations allow an unsafe inconsistency.

Under current interpretations of federal maritime law, including provisions contained within Title 46 of the United States Code, the Passenger Vessel Safety Act of 1993, and related sections of 46 CFR governing passenger vessel operations, many so-called “bareboat charter” operations are permitted to carry up to 12 passengers without the same inspection requirements, commercial safety standards, or oversight required of legal six-passenger charter operations and Coast Guard inspected vessels operating under a Certificate of Inspection (COI).

Meanwhile, federally compliant charter operators regulated under:

46 CFR Subchapter C,
46 CFR Subchapter T,
46 CFR Subchapter K,
and applicable sections of 46 U.S.C. Chapter 33,

remain limited to six passengers unless they undergo extensive Coast Guard inspection, stability review, safety equipment requirements, and operational oversight.

This creates:

unequal safety standards for passengers,
confusion among the public,
inconsistent regulatory enforcement,
unfair burdens on compliant operators,
and a loophole that allows commercial passenger operations to avoid inspection requirements intended by the Passenger Vessel Safety Act of 1993.

Passengers should not receive fewer safety protections simply because a vessel is operating under a different charter structure.

We are calling on Congress and the Coast Guard to:

Option A

Amend applicable sections of 46 CFR to limit all non-COI commercial passenger vessels, including bareboat charter operations, to a maximum of six (6) passengers regardless of charter structure.

Option B

Require any vessel carrying more than six (6) passengers in any commercial passenger-for-hire or charter operation to comply with inspection requirements and safety standards equivalent to certificated passenger vessels operating under a Certificate of Inspection.

Option C (Revised as Requested)

Allow uninspected passenger vessels (UPVs) operating under existing regulatory safety requirements to carry up to twelve (12) passengers, consistent with bareboat charter passenger capacity limits, on the basis that UPVs are subject to stronger operational safety requirements and clearer regulatory accountability than bareboat charter arrangements.

Equal passenger counts should require equal safety standards.

Basis for Petition

This petition is supported by the following concerns:

A. Passenger Safety Consistency

Inspected passenger vessels and regulated UPVs are subject to safety requirements including:

mandatory safety equipment,

crew qualification standards,
operational limitations,
and Coast Guard oversight.

Passenger safety standards should remain consistent across vessels carrying similar numbers of passengers.

B. Regulatory Fairness

The current framework creates differing passenger limits between UPVs and bareboat charter vessels despite overlapping operational realities in commercial passenger transportation.

C. Enforcement Clarity

Aligning passenger capacity limits across UPVs and bareboat charter operations would reduce ambiguity in enforcement and improve compliance consistency.

D. Public Policy Alignment

Federal maritime law, including the Passenger Vessel Safety Act framework, is intended to ensure passenger safety through consistent application of operational and structural requirements for passenger-for-hire vessels.

Sign this petition to support safer and more consistent passenger vessel regulations in the United States.