Consultation outcome

Consultation document for Draft MGN 681 (M)

Updated 26 May 2023

1. Overview of this section

Aim

1.1. This consultation seeks your views on the draft Marine Guidance Note MGN 681 (M) “Fire safety and storage of small electric powered craft on yachts”. Small electrically powered craft and other vehicles (such as personal watercraft) are becoming more commonly used in place of similar petrol-powered craft or vehicles stowed on yachts. Whilst electric craft do not necessarily represent a greater fire risk than petrol craft, there are considerable differences in best practice for storage, fire detection and fire suppression of such craft, which should be considered when they are stored onboard. This MGN provides guidance for carriage, charging, fire detection and firefighting of small electric craft that may be stowed on yachts.

Views sought

1. 1.2. Your views are sought in the following areas:

   1. a) any content which you believe to be inaccurate:

   2. b) any typographical errors;

   3. c) any non-statutory advice with which you disagree;

   4. d) any content you believe is unclear;

   5. e) any content you think is inappropriate to include, and should therefore be omitted;

   6. f) any content which has been omitted which you believe should be included;

   7. g) the proportionality of the guidance and any content you believe is overly restrictive or any content that you believe is not going far enough.

2. 1.3. A full list of consultation questions is contained in Section 5 of this consultation.

Deadline for responses

1.4. Responses are welcomed from 14 November 2022 until 23:45 on 06 February 2023.

2. Areas for consideration

2.1 There has recently been an increase in the number of fires on yachts with industry groups estimating 16 total losses due to fire between August 2021 and August 2022. Whilst the source of some of these fires are explained and have no relation to the measures proposed in this guidance (for example arson, collateral damage from another fire, etc.) many have not had their cause established yet and one potential explanation for the unexplained fires could be lithium-ion battery fires. There has been an increase in the use of small electrically powered craft and other vehicles such as electric tenders, electric jet skis, electric foils (e-foils) and other personal watercraft powered by Lithium Ion (Li-Ion) batteries. However, there has not been a thorough consideration of whether the fire prevention, detection and suppression measures in-place on large yachts for petrol-fuelled craft, are appropriate for newer-battery powered craft.

2.2 Wherever possible, the specific risks associated with the charging and stowage of electric personal watercraft and tenders on large yachts should be considered at an early stage of design and construction. It is recognised however, that such equipment may be supplied at a late stage of construction or during the life of existing vessels. New designs should make provisions for the safe charging and stowage of such electrical powered equipment however these safeguards should be subject to continuous review by the Operator who should update their procedures and practices to ensure safe storage and operation of these systems.

2.3 The guidance contained in this MGN is intended to outline best practice related to design, equipment and outfit of dedicated spaces onboard, and to increase safety for handling, charging and stowage of Li-Ion batteries and craft with these in-built. The guidance should also be applied to batteries with alternative chemistries where their chemical composition, charging or stowage may pose a risk of fire, gas release or explosion. Additional measures for such battery types may need to be provided depending on the specific characteristics of the batteries used.

3. Responding to this consultation

3.1. There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document. A response form is also enclosed as a separate document.

Consultees

3.2. Anyone may respond to this consultation and consideration will be given to all responses. We will be particularly interested to hear from: Yacht operators and crew, class societies, electric watercraft designers/manufacturers, yacht owners and yacht manufacturers/designers.

Duration

3.3. This consultation is open for 12 weeks from 14 November 2022. The deadline for responses is 23:45 on 06 February 2023.

Submitting your response

3.4. Consultation responses should be emailed to [email protected]. Any questions should be sent to this email address.

3.5. When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of Information

3.6. Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.7. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.8. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.9. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

3.10. The MCA is carrying out this consultation to gather evidence. The consultation is being carried out in the public interest to inform the development of policy.

3.11. The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions, as part of its functions as a government department. Your information will be kept secure and will not be used for any other purpose without your permission.

3.12. To find out more about how the MCA looks after personal data, your rights, and how to contact our data protection officer, please go to:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

If you do not wish to remain on this list, please reply and let us know.

4. Outline of plans beyond this consultation

4.1. Once this consultation closes we will review all responses. In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.2. We will be analysing the responses during February 2023. Our aim is to publish an overview of the responses and the MCA’s comments by late March 2023 which will be available from: www.gov.uk/government/publications

4.3. Where appropriate the draft Guidance, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.

4.4. Our aim is for the MGN to be published on 1st of May 2023 the guidance will be published on www.gov.uk

4.5. An overview timetable is below for reference:

5. Response form

The response form is attached as a separate document and named -

Consultation Response Form

6. Conduct of this consultation

6.1. This consultation has been conducted in accordance with the Cabinet Office Consultation Principles.

Consultation principles

6.2. The Cabinet Office Consultation Principles can be found at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/492132/20160111_Consultation_principles_final.pdf

Feedback on conduct of consultation

6.3. If you have any comments regarding the conduct of this consultation, please contact the Consultation Co-ordinator at [email protected].

6.4. We are continually trying to improve the way in which we conduct consultations and appreciate your views. We would be grateful if you could complete and return the attached feedback form. These should be submitted to the Consultation Co-ordinator and are not affected by the deadline for this consultation.

This form is attached as a separate document and named -

MCA Consultation feedback form

6.5 If you require this consultation in an alternative format, please contact either the Consultation Co-ordinator or the named official conducting this consultation.