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Safety Recommendation Details

Safety Recommendation M-90-014
Details
Synopsis: ABOUT 1530, ON SEPTEMBER 15, 1988, THE 46-FOOT-LONG PASSENGER VESSEL COUGAR BEGAN TO TAKE ON WATER WHILE RETURNING FROM A FISHING TRIP OFF THE OREGON COAST. ABOARD WERE NINE PERSONS CONSISTING OF THE MASTER, THE MATE (WHO ASSISTED THE MASTER AT THE HELM), THE DECKHAND, AND SIX PASSENGERS. AN INSPECTION OF THE ENGINE COMPARTMENT AND LAZARETTE REVEALED SUBSTANTIAL FLOODING. THE PASSENGERS AND THE CREW FOUGHT THE RISING WATER WITH BUCKETS AND PUMPS FOR 1.5 HOURS WITHOUT SUCCESS. ABOUT 1615, A DISTRESS MESSAGE WAS REPEATEDLY TRANSMITTED OVER THE VESSEL'S VHF-FM AND CITIZENBAND RADIOS UNTIL THE MASTER ABANDONED THE COUGAR. ABOUT 1650, THE PASSENGERS AND CREW ABANDONED THE VESSEL. THE PASSENGER HAD SUFFICEIENT TIME TO LAUNCH A BUOYANT APPARATUS BEFORE LEAVING THE VESSEL. AT 1700, THE COUGAR SANK QUICKLY BY THE STERN. PIECES OF WRECKAGE THAT BROKE FREE OF THE VESSEL WERE GATHERED BY THE SURVIVORS AND USED TO REMAIN AFLOAT IN THE 55 DEGREES WATER. DURING THE FOLLOWING 18 HOURS, THE MASTER, THE DECKHAND, AND TWO PASSENGERS SUCCUMBED TO HYPOTHERMIA AND DROWNED. AT APPROXIMATELY 1048, ON SEPTEMBER 16, 1988, SEARCH AND RESCUE AIR UNITS OF THE U.S. COAST GUARD LOCATED THE MATE AND FOUR SURVIVING PASSENGERS. ABOUT 1100, THE FIVE SURVIVORS WERE RESCUED AND TRANSPORTED TO A HOSPITAL ASHORE FOR TREATMENT FOR HYPOTHERMIA AND EXPOSURE.
Recommendation: TO THE U.S. COAST GUARD: Require that life floats and buoyant apparatus aboard passenger vessels be replaced with lifeboats, liferafts, and inflatable buoyant apparatus within 5 years. (Superseded by M-94-26)
Original recommendation transmittal letter: PDF
Overall Status: Closed - Unacceptable Action/Superseded
Mode: Marine
Location: Pacific Ocean, PO, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: DCA88MM061
Accident Reports:
Sinking of the Passenger vessel Cougar
Report #: MAR-90-02
Accident Date: 9/15/1988
Issue Date: 2/22/1990
Date Closed: 9/7/1994
Addressee(s) and Addressee Status: USCG (Closed - Unacceptable Action/Superseded)
Keyword(s):

Safety Recommendation History
From: USCG
To: NTSB
Date: 6/26/1996
Response: REQUIRETHAT LIFE FLOATS & BUOYANT APPARATUS ABOARD PASSENGER VESSELS BE REPLACED WITH LIFEBOATS, LIFERAFTS & INFLATABLE BUOYANT APPARATUS WITHIN 5 YEARS.

From: NTSB
To: USCG
Date: 11/24/1995
Response: (GREENSHEET) SINCE 1977, THE BOARD HAS ISSUED TO THE UCSG 55 BOARD RECOMMENDATIONS THAT WERE CLASSIFIED "OPEN--ACCEPTABLE ACTION" BECAUSE THE USCG RESPONDED THAT IT WOULD TAKE THESE RECOMMENDATIONS INTO CONSIDERATION WHEN THE REGULATIONS WERE REVISED. BASED ON A LACK OF TIMELY ACTION, THE BOARD HAS RECLASSIFIED THESE RECOMMENDATIONS "OPEN--UNACCEPTABLE RESPONSE."

From: NTSB
To: USCG
Date: 9/14/1994
Response: (GREENSHEET) THE BOARD CONCLUDES THAT HAD THE EL TORO II BEEN REQUIRED BY THE USCG TO HAVE OUT-OF-THE WATER SURVIVAL CRAFT ON BOARD, THE THREE DEATHS MAY NOT HAVE OCCURRED. THE BOARD, THEREFORE, HAS CLASSIFIED M-86-61 & M-90-14 "CLOSED--UNACCEPTABLE ACTION/SUPERSEDED" & REPLACES THEM WITH M-94-26, WHICH ASKS THE UCSG TO REQUIRE THAT OUT-OF-THE WATER SURVIVAL CRAFT FOR ALL PASSENGERS & CREW BE PROVIDED ON BOARD SMALL PASSENGER VESSELS ON ALL ROUTES.

From: NTSB
To: USCG
Date: 9/7/1994
Response: M-90-14 WAS CLASSIFIED "CLOSED--UNACCEPTABLE ACTION/SUPERSEDED" BY M-94-26 ON 9/7/94, IN THE BOARD'S ACCIDENT REPORT OF THE 1993 SINKING OF THE SMALL PASSENGER VESSEL EL TORO II. (SEE NTSB/MAR-94/03)

From: NTSB
To: USCG
Date: 11/15/1993
Response: THE BOARD IS PLEASED THAT THE USCG IS DETERMINING THE TYPES OF APPARATUS WHICH ARE ACCEPTABLE, AND WILL REQUIRE THAT EXISTING VESSELS BE EQUIPPED ACCORDINGLY. THEREFORE, RECOMMENDATION M-90-14 HAS BEEN CLASSIFIED "OPEN--ACCEPTABLE RESPOSE," PENDING PUBLICATION OF THE FINAL RULES AND FINAL USCG ACTION ON THIS ISSUE.

From: USCG
To: NTSB
Date: 8/19/1993
Response: WE CONCUR WITH THE INTENT OF THIS RECOMMENDATION. WHERE, THROUGH THE RULEMAKING PROCESS, THE USCG DETERMINES THAT INFLATABLE BOUYANT APPARTUS AND LIFERAFTS ARE JUSTIFIED, EXISTING VESSELS WILL BE REQUIRED TO RETROFIT THESE DEVICES. THE FINAL PHASE-IN PERIOD HAS YET TO BE DECIDED; HOWEVER, THE NPRM FOR REVISING 46 CFR, SUBCHAPTER T (CGD85-080), PROPOSED STARTING WITH EXISTING VESSELS THAT WERE TEN OR MORE YEARS OLD, BEGINNING FIVE YEARS AFTER PUBLICATION OF THIS FINAL RULE. WE WILL ADVISE THE BOARD WHEN THE FINAL RULE HAS BEEN PUBLISHED.