[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40270-40273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19782]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 164
[CGD 97-034]
RIN 2115-AF46
Radar Requirements for Towing Vessels 300 Gross Tons or More
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: On July 3, 1996, the Coast Guard published a final rule
requiring certain towing vessels of 12 meters (39.4 feet) or more in
length, operating in the navigable waters of the United States other
than the St. Lawrence Seaway, to be equipped with a marine radar. This
final rule included a provision requiring, in some cases, towing
vessels of 300 tons gross tonnage or more to have a radar that is
azimuth stabilized. This requirement is scheduled to go into effect on
August 2, 1997. Following issuance of the final rule, the Coast Guard
received comments expressing concern about the need for and the expense
of this requirement on vessels operating on inland routes. After
reviewing this requirement with respect to towing vessels on inland
waters, the Coast Guard is issuing a final rule which revises the radar
requirement for a towing vessel of 300 tons gross tonnage or more
engaged in towing on Western rivers and U.S. navigable waters other
than Western rivers.
DATES: This rule is effective on July 28, 1997.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Executive Secretary, Marine
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second
Street SW., Washington, DC 20593-0001, between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. Edward LaRue, Navigation Rules
Division (G-MOV-3), 202-267-0416.
Regulatory History
The regulatory history for this rulemaking is recounted in the
preamble of the final rule entitled ``Navigation
[[Page 40271]]
Safety Equipment for Towing Vessels'' (61 FR 35064, July 3, 1996).
After publication of the final rule, the Coast Guard received verbal
comments expressing concern about the requirement for towing vessels
300 tons gross tonnage or more to have azimuth stabilized radar.
Background and Purpose
Background information on navigation safety equipment for towing
vessels is provided in the preambles to the notice of proposed
rulemaking (NPRM) (60 FR 55890; November 3, 1995) and the final rule
(61 FR 35064; July 3, 1996).
Discussion of Comments and Changes
Verbal comments from the American Waterways Operators (AWO)
received by the Coast Guard expressed concern about the radar
requirement for towing vessels 300 tons gross tonnage or more to have
azimuth stabilized radar. Because river maps published by the Army
Corps of Engineers do not normally contain latitude and longitude
references or a compass rose, the utility of an azimuth stabilized
radar is greatly diminished. AWO concurred with the Coast Guard that
this requirement was appropriate for towing vessels 300 gross tons or
more, but was financially burdensome to towing vessels operating on
inland routes. The Towing Safety Advisory Committee (TSAC) supported
AWO's comments and stated that reducing the radar requirement would not
reduce navigational safety. TSAC recommended that the Coast Guard amend
the radar requirements for vessels 300 tons gross tonnage or more.
The Coast Guard concurs. This final rule will reduce the economic
burden on the towing industry by changing the radar requirement for
towing vessels 300 tons gross tonnage or more operating on certain U.S.
navigable waters, including Western rivers. Because owners of towing
vessels affected by the current radar requirement may be planning
purchases of gyrocompasses or new radar to be in compliance with the
August 2, 1997, implementation date, the Coast Guard desires that the
reduced requirement become effective as soon as possible. The Coast
Guard has determined that not requiring an azimuth stabilized radar for
vessels on inland routes will not adversely affect safety and is
consistent with the precepts of the original rulemaking (61 FR 35064,
July 3, 1996).
TSAC also requested clarification of the language in the Radio
Technical Commission for Maritime Services (RTCM) standards dealing
with range performance. For towing vessels of less than 300 tons gross
tonnage, performance is rated at an antenna height of 15 meters. The
section then states parenthetically, ``the 15 meter height is a test
criteria only and not an installation requirement.'' Although similar
language is not used in the standards for vessels of 300 tons gross
tonnage or more, the Coast Guard does apply the same logic. For vessels
of 300 tons gross tonnage or more, the 15 meter height is a test
criteria and not an installation requirement.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040 (February 26, 1979)).
A final Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT has been prepared for the final rule
requiring radars on towing vessels (61 FR 35064; July 3, 1996) and is
available in docket CGD 94-020 for inspection or copying where
indicated under ADDRESSES.
In addition to the original rule's Regulatory Evaluation, the Coast
Guard conducted a cost/benefit analysis based on this change of radar
requirements. The Coast Guard has determined that approximately 400
towing vessels 300 tons gross tonnage or more would be affected by the
azimuth stabilized radar requirement. This change would have created an
economic burden to the regulated industry of approximately $8.4
million. The original regulatory Evaluation did not anticipate that
vessels operating on the Western rivers or on inland waters would have
to be outfitted with a gyrocompass, at a cost of approximately $21,000,
in order to meet the radar requirements. The Coast Guard has determined
that while a marine surface-navigation radar is an essential piece of
navigational-safety equipment, for vessels operating in sheltered or
protected waters the requirement to have the radar azimuth stabilized
is not critical. Therefore, in this final rule the Coast Guard has
removed the stabilization requirement for towing vessels operating on
Western rivers and U.S. navigable waters other than Western rivers.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. Approximately 200 towing vessels owned and operated by an
estimated 45 small entities would save $21,000 per vessel by this rule.
Therefore, the Coast Guard certifies that under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities and is, in fact, beneficial to them.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
will provide assistance to small entities to determine how this rule
applies to them. If you are a small business and need assistance
understanding the provisions of this rule, please contact the Coast
Guard Captain of the Port (COTP) closest to your vessel's operational
area.
Collection of Information
This final rule does not include any collection requirements nor
change the collection of information requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) of the final rule
published in the Federal Register (61 FR 35064).
Federalism
The Coast Guard has analyzed these regulations under the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraphs 2.B.2e(34) (d) and (e) of
Commandant Instruction M16475.1B, this rule is categorically excluded
from further environmental documentation. This rule requires navigation
safety equipment and the recordkeeping of the inspection and testing of
said equipment. The environmental impact of this rule will be to reduce
maritime accidents and oils spills in the marine environment. A
``Categorical Exclusion Determination'' is available in the docket for
inspection
[[Page 40272]]
or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Incorporation by reference.
Dated: July 14, 1997.
R. C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 164 as follows:
PART 164--NAVIGATION SAFETY REGULATIONS
1. The authority citation for part 164 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also
issued under 46 U.S.C. 6101.
Sec. 164.72 [Amended]
2. Amend Sec. 164.72 by revising paragraph (a)(1)(iii); designating
and revising paragraph (a)(1)(iv) as (a)(1)(v); adding a new paragraph
(a)(1)(iv); and revising paragraph (c) and table 164.72 to read as
follows:
Sec. 164.72 Navigational-safety equipment, charts or maps, and
publications required on towing vessels.
(a) * * *
(1) * * *
(iii) For a vessel of 300 tons gross tonnage or more that engages
in towing on navigable waters of the U.S., including Western rivers,
the radar must meet--
(A) The requirements of the Federal Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/
SC112-X, Version 1.2 except the requirements for azimuth stabilization
in paragraph 3.10.
(iv) For a vessel of 300 tons gross tonnage or more that engages in
towing seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes, the radar must meet--
(A) The requirements of the FCC specified by 47 CFR Part 80; and
(B) RTCM Recommended Standards for Marine Radar Equipment Installed
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/
SC112-X, Version 1.2.
(v) A towing vessel with an existing radar must meet the applicable
requirements of paragraphs (a)(1) (i) through (iv) of this section by
August 2, 1998; except that a towing vessel with an existing radar must
meet the display and stabilization requirements of paragraph
(a)(1)(ii)(B) of this section by August 2, 2001.
* * * * *
(c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing vessels
of 12 meters or more in length engaged in towing:
Table 164.72.--Equipment, Charts or Maps, and Publications for Towing Vessels of 12 Meters or More in Length
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Waters seaward of
U.S. navigable waters navigable waters and 3
Western rivers other than western NM or more from shore on
rivers the Great Lakes
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Marine Radar:
Towing Vessels of Less Than RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112-
300 GT. STD Version 1.1, Display STD Version 1.1, STD Version 1.1,
Category II \1\ Display Category II \1\ Display Category I \2\
Stabilization Category Stabilization Category Stabilization Category
BRAVO. BRAVO. ALPHA.
Towing Vessels of 300 GT or RTCM Paper 191-93/SC112-X RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
More. Version 1.2 (except the X Version 1.2 (except X Version 1.2.\1\
Azmuth stabilization the Azmuth
requirement in paragraph stabilization
3.10).\1\. requirement in
paragraph 3.10).\1\.
Searchlight.................. X X X
VHF-FM Radio................. X X X
Magnetic Compass............. X \3\ X X
Swing-Meter.................. X \3\
Echo Depth-Sounding Device... X X
Electronic Position-Fixing X
Device.
Charts or Maps............... (1) Large enough scale... (1) Large enough scale.. (1) Large enough scale.
(2) Current edition or (2) Current edition or (2) Currently corrected
currently corrected currently corrected edition.
edition. edition.
General Publications......... (1) U.S. Coast Guard (1) U.S. Coast Guard (1) U.S. Coast Guard
Light List. Light List. Light List.
(2) Notices to Navigation (2) Local Notices to (2) Local Notices to
or Local Notices to Mariners. Mariners.
Mariners.
(3) River-current Tables. (3) Tidal-current Tables (3) Tidal-current
Tables.
(4) Tide Tables......... (4) Tide Tables.
(5) U.S. Coast Pilot.... (5) U.S. Coast Pilot.
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Notes:
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the
display and stabilization requirements until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.
[[Page 40273]]
[FR Doc. 97-19782 Filed 7-25-97; 8:45 am]
BILLING CODE 4910-14-P
