[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Proposed Rules]
[Pages 54639-54645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X98-11013]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD1-98-151]
RIN 2115-AE84
Regulated Navigation Area: Navigable Waters Within the First
Coast Guard District
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent Regulated
Navigation Area (RNA) within the navigable waters of the First Coast
Guard District to increase operational safety for towing vessels and
tank barges. The proposed rule would require four sets of measure for
towing vessels and tank barges operating in the waters of the
Northeastern United States, including positive control for barges,
enhanced communications, voyage planning, and areas of restricted
navigation. These measures should reduce the risk of oil spills from
the many tank barges operating in the waters of the region, and so too
reduce the risk of environmental damage to the unique and extremely
sensitive marine environment.
DATES: Comments must arrive on or before November 12, 1998.
ADDRESSES: You may mail or deliver comments to Commander (m), First
Coast Guard District, 408 Atlantic Ave., Boston, MA 02210-3350. The
First District Commander maintains the public docket for this
rulemaking. Comments, and documents, as indicated in this preamble,
will become part of this docket and will be available for inspection
and copying at the same address between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Rich Klein, c/o Commander (m), First Coast Guard District,
408 Atlantic Ave., Boston, MA 02210-3350; telephone 617-223-8243.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking (CGD1-98-151) and the specific section of this
document to which each comment applies, and give a reason for each
comment. Please submit all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying.
Persons wanting acknowledgement of receipt of comments should enclose
stamped, self-addressed postcards or envelopes. The Coast Guard will
consider all comments received during the comment period. It may change
this proposed rule in view of the comments.
No public meeting is planned. Persons may request a public meeting
by writing to the Project Officer at the address listed under
ADDRESSES. If it is determined that the opportunity for oral
presentations will aid in this rulemaking, the Coast Guard will hold a
public meeting at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
This rulemaking is proposed to improve the navigational safety for
towing vessels and tank barges operating in the waters of the
Northeastern United States. Between January 1992 and December 1996,
there have been 289 marine casualties involving tank barges in the
First Coast Guard District. Not all of these casualties were major or
significant, but several resulted in oil spills.
During 1996 and 1997, there were 12 marine casualties involving
engine failure with tugs while they were towing tank barges in the
waters of the First Coast Guard District. At least four of those tank
barges were loaded with a combined cargo totaling about 21 million
gallons of petroleum products.
[[Page 54640]]
In each of the 12 instances, the towing vessel was able to mitigate the
casualty by switching propulsion to the second engine that was
sufficient to control the barge. None of the casualties resulted in any
pollution.
A recent history of towing vessel casualties is described below,
some of which were potential major pollution incidents.
On January 5, 1994, a tug lost control of its loaded tank barge,
spilling 4,200 gallons of gasoline into the East River, New York.
On April 7, 1994, a steering gear failure aboard a tug caused a
loaded tank barge to ground in New Haven harbor, while carrying a cargo
of 2.1 million gallons of gasoline.
On February 9, 1995, a tug lost control of a tank barge loaded with
714,000 gallons of fuel oil near East Rockaway Inlet, New York.
On April 6, 1995, a tug lost control of a tank barge loaded with
5,376,000 gallons of No. 2 oil in the East River, New York.
On January 19, 1996, off the coast of Rhode Island, the tug SCANDIA
was towing the loaded single-hull tank barge NORTH CAPE. During the
voyage the tug caught fire causing the crew to abandon the vessel
during a severe winter storm. The barge grounded on Moonstone Beach
spilling about 828,000 gallons of No. 2 oil into Rhode Island Sound.
On February 12, 1996, a tug lost control of a tank barge in the
East River, New York, spilling 4,415 gallons of No. 2 oil into Long
Island Sound.
On August 25, 1998, a loaded tank barge was set adrift off the
Rhode Island coast when the towing hawser was cut by a passing vessel.
A potential major pollution incident was avoided when an assist tug
arrived to take the barge under control.
Development of the Regional Risk Assessment Team (RRAT) Report
On June 5 and 6, 1996, the commander of the First Coast Guard
District hosted a two-day Workshop on Safety of Towing Vessels and Tank
Barges at the Massachusetts Maritime Academy. Nearly 150 people
gathered to discuss goals for the safety of the marine environment, and
economic and operational considerations of the tank barge industry in
the Northeast. The participants represented the Coast Guard, the
industry, the States of New York, Connecticut, Rhode Island, and Maine,
the Commonwealth of Massachusetts, and various environmental interests.
The RRAT was chartered and established by the American Waterways
Operators and Coast Guard National Quality Steering Committee on July
10, 1996. The 25-member team, with similar representative stakeholders
from the two-day workshop, conducted a risk assessment of the tank
barge transportation network in the Northeastern United States, The
RRAT's report, completed February 6, 1997, examined current operational
and navigational practices for towing vessels and tank barges operating
in the Northeast. Although it did not evaluate the measures for cost-
effectiveness, it developed ten measures to improve the safe navigation
of these vessels, eight of which were recommended for rulemaking. This
rulemaking proposes four of those eight measures that are within the
authority of the First District Commander to address. The remaining
recommendations for rulemaking will be addressed as the subject of
national rulemaking.
This rulemaking takes a regional approach responsive to the
particular risks inherent in the transportation of petroleum products
on the waterways in the Northeastern United States. The network of
sounds, estuaries, coastal ponds, and shallow coastal shelves hosts one
of the most prolific habitats for marine life in the nation. This
sensitive region contains 4 of the 20 Estuaries of National
Significance, designated by Section 320 of the Federal Clean Water
Act--Long Island Sound, Narragansett Bay, Buzzards Bay, and Casco Bay--
and 5 of the 22 National Estuarine Research Reserves established to
monitor the health of the nation's most valued estuaries. Moreover, the
shelves encompassing the Great South Channel, Massachusetts Bay, and
Cape Cod Bay provide the seasonal habitat for the Northern Right Whale,
one of the world's most endangered species of whale with a population
of only about 300. One of the whale's primary food sources, plankton,
is particularly susceptible to damage from oil spills.
In addition, the fishing grounds of the Northeastern United States
are among the most productive in the world. It is estimated that over
25,000 vessels are employed in the Northwest Atlantic Ocean fisheries
trade. The threat to the productive fishing grounds from a tank barge
spill further supports the need for the measures proposed here.
In the aftermath of the NORTH CAPE oil spill, several states in the
Northeast have drafted or enacted legislation to regulate the tank
barge industry. The Rhode Island legislature enacted an Oil Spill
Pollution Prevention and Control Act, which it amended with a Tank
Vessel Safety Act (codified as Chapter 32 of its Public Laws). Further,
Maine officials are considering a legislative initiative to regulate
the petroleum transportation industry. The States' differing
legislative initiatives may result in inconsistent regulation of the
industry.
The several operating conditions proposed in this rule are intended
to reduce the risks to the marine environment posed by tank barges
transporting oil in the region without imposing undue economic burden
on the industry.
Discussion of RRAT Recommendations
Each of the RRAT recommendations are summarized below.
1. Manning
For vessel manning, the RRAT recommended that barges being pushed,
or being towed alongside the towing vessel, be considered as the
equivalent to being a manned barge if the towing vessel has a certified
individual in excess of the required manning on the towing vessel. This
recommendation impacts lifesaving equipment and shipboard habitability
issues that are required for manned barges. As such, it is the subject
of national rulemaking.
2. Anchoring and Barge Retrieval System
The RRAT recommended requirements for anchoring and barge retrieval
systems for manned and unmanned barges operating in the Northeast.
These requirements are the subject of the national rulemaking
addressing emergency control systems for tank barges. See 62 FR 52057
(Oct. 6, 1997).
3. Navigational Safety Equipment Aboard Towing Vessels
The RRAT recommended--
(a) The extension of the navigational safety equipment requirements
for towing vessels in 33 CFR part 164 to include all waters beyond
three miles, and not just the navigable waters of the Northeast; and
(b) A requirement for Differential Global Positioning System (DGPS)
on towing vessels operating in all waters of the Northeast.
This recommendation is being addressed separately by Commandant (G-
M).
4. Lightering Activities
The RRAT referred to the existing regulations contained at 33 CFR
part 156, subpart B, governing lightering, and recommended only that
individual Captain of the Ports (COTP) develop guidelines that reflect
the best recognized practices for lightering of
[[Page 54641]]
petroleum products in their areas of responsibility.
5. Double-Hull Tank Barges
The RRAT acknowledged the expected benefits from the use of double-
hull tank barges but deferred recommendations until after the National
Research Council's review, conducted in accordance with section 4115 of
the Oil Pollution Act of 1990, Pub. L. 101-380 (OPA 90), of the
economic and operational impacts of the double-hull requirement on the
marine petroleum transportation industry. Subsequently published in
November 1997, after the RRAT recommendations, the report of the
National Research Council did not recommend any change to the phase-out
schedule for single-hull tank vessels established by OPA 90.
6. Crew Fatigue: The Human Factor
The RRAT recommended providing human factors awareness training to
operational and management personnel every two years and ensuring that
records of the training be kept for a period of two years.
The human factor, specifically as it relates to crew fatigue, is a
national issue. Commandant (G-M), through the Coast Guard Research and
Development Center, is currently conducting a study to develop measures
that counteract crew fatigue in the towing industry.
This Coast Guard study, ``Watchstanding Alertness in Towing
Operations,'' will examine the nature and extent of fatigue among
towing vessel crews. Following analysis of the data, measures will be
recommended that the towing industry can implement to counteract crew
fatigue. The results will be presented to the Towing Safety Advisory
Committee.
Discussion of Proposed Rule
The First District Commander has limited delegated authority to
impose operational requirements based upon circumstances peculiar to
his jurisdiction. Design, construction, or equipment standards are
generally subject to national standards. This proposed rule would
require four operational measures to improve the safety of towing
vessels and petroleum laden tank barges operating on the navigable
waters of the First Coast Guard District.
1. Positive Control for Barges
This proposal would require vessels towing single-hull tank barges
carrying petroleum oil as cargo in bulk, to be equipped with twin-
screws and two engines while operating on the navigable waters of the
First Coast Guard District. Each engine must--
(a) Be independent of the other; and
(b) Be capable of maintaining the navigational control of the tank
barge in the event of a casualty to the other engine. Under the
proposed rule, the use of double-hull tank barges precludes the need
for twin-screw, twin engine tugs as a primary towing vessel. Double-
hull vessels provide a greater level of protection than single-hull
vessels. Further, single-hull vessels are being phased-out in
accordance with OPA 90. Therefore, the present use of double-hulls is a
sufficient measure of protection under the proposed rule.
The requirements of the proposed rule for twin screws and two
engines would supplement the language used in 33 CFR 157.460. That rule
requires certain vessels to be equipped with twin-screw propulsion
unless they have installed alternative steering systems. This proposed
rule would require that all towing vessels not equipped with twin-screw
propulsion and two engines, and engaged in towing single-hull tank
barges carrying petroleum oil in bulk on the navigable waters of the
First Coast Guard District, must operate with an escort or assist tug,
or provide an equivalent means of positive control for the barges
acceptable to the COTP, regardless of any secondary or alternative
steering system. Unless the bank barge meets the definition of a
double-hull vessel in 33 CFR 157.03, it is a single-hull vessel. The
Coast Guard believes that the operational conditions proposed in this
rule would significantly reduce the likelihood of an oil spill.
Most of the vessels towing tank barges in the Northeast are already
of the twin-screw propulsion, two-engine type. This propulsion
redundancy ensures a backup system in the event of engine failure or
fouling of one screw. The Coast Guard would require an escort or assist
tug in those instances when only a single-screw towing vessel is towing
a single-hull tank barge. Such an alternative would enhance safety and
reduce the risk of oil pollution to the marine environment.
On certain restricted routes, however, limited channel depths and
widths may make application of these standards impracticable. In these
instances, the COTP may grant exemptions upon application and
consideration.
Additionally, this proposed rule would require the immediate
calling of additional resources to assist a towing vessel towing any
tank barge if either the tank barge or towing vessel suffers a casualty
that adversely affects its safe navigation or seaworthiness.
Other situations requiring the employment of additional resources
include steering-gear failure and loss of the tow. The requirement to
call on these additional private resources to render emergency
assistance does not negate or otherwise lessen the requirement to
notify the Coast Guard if the tank barge or towing vessel suffers a
reportable marine casualty in accordance with 46 CFR subpart 4.05, or
develops a hazardous condition as defined in 33 CFR 160.215.
2. Enhanced Communications
This proposed rule would require that masters of vessels towing any
loaded tank barge initiate and broadcast securite calls identifying
their positions at specific locations during transits in the First
Coast Guard District.
Currently, there are no regulations requiring towing vessel
operators to share operational information or to issue securite calls
at specific locations, Enhanced communications among vessels is
critical in reducing the risk associated with transporting petroleum in
tank barges in the Northeast United States. This proposed rule should
increase situational awareness and enhance communications, thereby
reducing the risk of casualties.
There are recognized areas in Long Island Sound, Block Island
Sound, Narragansett Bay, and Buzzards Bay where the risk of collision
is higher because cross-traffic is more likely to be encountered. These
locations include dedicated ferry routes and areas where the bays and
sounds open to the ocean. Accordingly, this proposed rule contains a
list of locations for initiating securite calls.
3. Voyage Planning
This proposed rule would require that the owner or operator of a
towing vessel employed to tow a tank barge prepare a voyage plan,
addressing specific minimum requirements, before a voyage. The master
would validate the contents of the voyage plan before the voyage,
adjust the plan if necessary, and ensure its proper use. Currently,
there are no regulations requiring the use of voyage plans aboard
towing vessels or tank barges. Proper planning and preparation of the
vessel and crew may identify potential risks, equipment concerns, and
human factors, one or a combination of which may lead to a marine
casualty during a voyage. A comprehensive voyage plan should improve
the prospects for the successful execution and completion of a voyage.
The minimum contents of a voyage plan are as follows:
[[Page 54642]]
(1) A description of the type, volume, and grade of cargo.
(2) Applicable information from nautical charts and publications;
including Coast Pilot, Coast Guard Light List, and Coast Guard Local
Notice to Mariners, for the destination(s).
(3) Current and forecasted weather, including visibility, wind, and
sea state for the destination(s).
(4) Data on tides and tidal currents for destination(s).
(5) Forward and after draft for the tank barge, and under-keel and
vertical clearance for the ports(s) and berthing area(s).
(6) Pre-departure checklists.
(7) Calculated speed and estimated time of arrival at proposed
waypoints.
(8) Communication contact at Vessel Traffic Service (VTS) (if
applicable), bridges, facilities and port-specific requirements for
Very High Frequency (VHF) radio.
(9) Master's standing orders for closest point of approach, special
conditions, and critical maneuvers.
The proposed rule would authorize an abbreviated version of the
voyage plan to address short intra-port tank barge transits. A short
intra-port transit is a transit of not more than four hours within the
same port complex. The abbreviated version would contain:
(1) Weather conditions including but not limited to visibility,
wind and sea state.
(2) Data on tides and tidal currents.
(3) The draft of the barge.
(4) Channels of VHF radio to monitor.
(5) Other considerations such as availability of pilot, assist tug,
berth, and line handlers, depth of berth mean low water, danger areas,
and securite calls.
4. Navigation Restriction Areas
The proposed rule would establish navigational restrictions for
towing vessels with tank barges in two areas in order to protect
significant environmental and cultural resources. Located off the
Connecticut coast, Fishers Island Sound is subject to strong currents
and is bordered by environmentally sensitive areas that would be
greatly affected by a spill. Given the strength of the current and wind
variability in that area, any spill would quickly spread, reducing the
critical time needed to begin taking protective measures. The Sound has
less risky routes immediately adjacent, which provide for greater
navigational safety of tank barge transits.
As a place with a high level of plankton concentration, the eastern
part of Cape Cod Bay is a breeding ground for the endangered Northern
Right Whale. Any significant oil spill would potentially destroy the
particularly susceptible plankton and have a devastating result on this
important breeding area. Cape Cod Bay is a complex marine ecosystem
that contains a variety of sensitive tidal marshes, flats and estuarine
areas, making protection strategies more difficult in the event of a
significant oil spill.
Regulatory Assessment
This notice of proposed rulemaking is not a significant regulatory
action under 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 (OMB) 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 Preliminary Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is available in the docket
for inspection or copying where indicated under ADDRESSES. A summary of
the Evaluation follows:
Summary of Benefits
The principal benefits of this proposed rule would be reduced
injuries and loss of life, environmental damage caused by navigation-
related incidents of tank barges and towing vessels while under way in
the navigable waters of the First Coast Guard District. Quantifiable
benefits will accrue in the forms of avoided pollution, avoided
injuries and deaths, and avoided damage to vessels and property.
Using information from the database of the Coast Guard Marine
Safety Management System from January 1, 1992, to December 31, 1996, we
reviewed 96 tank barge casualty cases. These casualties involved
vessels that were underway within the boundaries of the First Coast
Guard District which would have been affected by this proposed rule if
it had been in effect. This period is one which represents post OPA-90
experience, is intended to be long enough to survey a significant
number of casualties, and short enough to avoid old problems which are
now solved. These 96 incidents provided the pool from which the
benefits are estimated. During this base period, there was no reported
oil spilled from double-hull barges.
For all four proposed measures, we reviewed each casualty case
report to assess whether the casualty could have been prevented or
diminished in severity by this rule. A team of Coast Guard analysts
assigned an effectiveness degree to which each proposed measure which
would have positively affected each casualty case. The Coast Guard
tabulated data on deaths and injuries, oil spillage, and dollar totals
reported for damage to the tank barges, towing vessels, piers, or other
structures, and estimated benefits for each measure adjusted to the
accurate degree of effectiveness.
The assessment indicated that, until the phase-out of single-hull
tank vessels (Sec. 4115(a) of OPA 90), the requirements of this RNA
would bring total benefits of $495,640 in avoided damage to vessels and
property (1998 dollars); $189,276 in avoided deaths (1998 dollars); and
459.76 barrels of oil in avoided pollution.
Summary of Costs
Businesses that use tank barge and towing vessels within the
geographic boundaries of the First District, as well as the tank barge
and towing vessel industries themselves, will bear the majority of the
costs of this proposed rule.
The cost of this proposed rule is the sum of costs from the
requirements for positive control for barges, enhanced communications,
voyage planning, and restricted navigation areas. These anticipated
costs recognize that many of the towing vessels and tank barges
operating within the geographic boundaries of the First District are
already in compliance with these requirements.
(1) Positive Control for Barges: Data from the U.S. Army Corps of
Engineers indicated that there are approximately 12,892 transits
occurring within the District each year. Of these transits, we estimate
1.95%, or 251, involve a single-hull, petroleum-laden tank barge being
towed by a tug without twin engines or twin screws, and thus, this
proposal would require an escort or assist tug. The cost of an escort
or assist tug is $300 an hour. It is assumed this escort or assist tug
would, on average, spend 20 hours in round trip service on each
transit. The cost of the tug for a single transit would therefore be
$6,000. Discounting to 1998 dollars, and factoring in the phase-out of
single-hull tank barges, we calculate the costs of these tugs at
$12,796,834.
(2) Enhanced Communications: This proposed rule would require the
operator of a towing vessel to make approximately eight securite calls
during the average transit in the Coast Guard's First District. Each
securite call would take about 30 seconds or 4 minutes each transit.
The securite calls
[[Page 54643]]
will be placed by the person on watch and it is assumed that the master
and the mate each make half of the securite calls. The average daily
billing rate for a towing vessel's master is $400, while the average
daily billing rate for a towing vessel's mate is $270. Based on an
eight hour day, the opportunity cost of the securite call proposal for
each transit is $2.79. The Coast Guard estimated that approximately 55%
of the 12,892 annual transits, 7,091 transits, involve oil-laden tank
barges. With 7,091 transits within the Coast Guard's First District
each year affected by the enhanced communications proposal, discounting
to 1998 dollars, we calculate the opportunity cost of enhanced
communications at $186,892. However, these enhanced communication
requirements do not truly represent a cost upon the towing vessel
operator. The Securite calls will become a routine task of the person
on watch, and will neither cause this person to spend additional time
performing his watch duties, nor detract from the time available for
performing existing duties. Therefore, the total cost of enhanced
communications is $0.
(3) Voyage Planning: For each transit, as a representative of the
owner or operator, the master of the towing vessel spends approximately
30 minutes preparing the voyage plan. Again, the average daily billing
rate for a towing vessel's master is $400. The Coast Guard, using data
from the American Waterway Operators, assumes that 90% of transits
already are in compliance with this proposed rule. Further, the Coast
Guard estimates that approximately 55% annual transits involve oil-
laden tank barges. For the 12,892 transits within the First District
each year, voyage planning affects 714 transits. The cost of voyage
planning, discounted to 1998 dollars, would be $167,461.
(4) Navigation Restriction Areas: Currently all towing vessels and
tank barges operating within the geographic boundaries of the First
District, avoid operating in the areas of Fishers Island Sound and the
eastern portion of Cape Cod Bay addressed in this proposal. The cost of
navigation restriction area is $0.
Summary: The total present value of the costs of this proposed rule
(1998 dollars) would be $12,964,345 [$12,796,834 for positive control
of barges + $0 for enhanced communications + $167,461 for voyage
planning + $0 for navigation restriction areas]. In terms of cost-
effectiveness, this rule would prevent future pollution in the Coast
Guard's First District at a cost of $26,708 per barrel of oil not
spilled.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, 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.
The proposed rule would require that all transits involving towing
vessels not equipped with twin-screw and twin-engine propulsion, and
that are engaged in towing petroleum-laden tank barges in the navigable
waters of the First Coast Guard District, employ an escort or assist
tug.
It is primarily the businesses that hire the towing vessels and
tank barges for transporting their goods who directly incurs the costs
of this rulemaking by having to pay for the escort or assist tug.
However, some towing vessel companies, the majority of which are small
entities, may be indirectly affected by the proposed rule if they can
no longer provide tug service at a competitive price due to the
requirement that they employ an escort or assist tug.
These towing vessel companies do have alternatives available
allowing them to use their non-twin-screw and twin-engine towing
vessels, such as pushing barges in narrow rivers or pushing freight
barges. Additionally, with only 5% of all towing vessels not having the
necessary propulsion equipment, nearly all the towing vessel companies
are already in compliance. Further, preliminary information from towing
vessel operators indicate that they already select against the use of
their non-twin-screw and twin-engine towing vessels for the practice of
towing petroleum-laden tank barges. Finally, the cost of escort or
assist towing vessels is low in comparison with the cost of replacing
or retro-fitting all their non-twin-screw and twin-engine towing
vessels with a compliant propulsion system.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if adopted, will not have a significant economic
impact on a substantial number of small entities. If, however, you
think that your business or organization qualifies as a small entity
and that this proposed rule will have a significant economic impact on
your business or organization, please submit a comment to the Coast
Guard at the address under ADDRESSES explaining why you think it
qualifies and in what way and to what degree this proposed rule will
economically affect it.
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
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking. If your small business or organization would be
affected by this rule and you have questions concerning its provisions
or options for compliance, please call LT Rich Klein at 617-223-8243.
The Small Business and Agriculture Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were established to receive comments
from small businesses about Federal agency enforcement actions. The
Ombudsman will annually evaluate the enforcement activities and rate
each agency's responsiveness to small business. If you wish to comment
on the enforcement actions of the Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).
Collection of Information
This proposed rule provides for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As
defined in 5 CFR 1320.3(c), ``collection of information'' includes
reporting, recordkeeping, monitoring, posting, labeling, and other,
similar actions. The title and description of the information
collection, a description of the respondents, and an estimate of the
total annual burden follow. Included in the estimate is the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining data needed, and completing and reviewing the
collection.
Title: Regulated Navigation Area: Navigable waters within the First
Coast Guard District.
Summary of the Collection of Information: The requirement of a
voyage plan would serve as a preventive measure and assist in ensuring
the successful execution and completion of a voyage in the First Coast
Guard District.
Need for Information: The information for a voyage plan would
provide a mechanism for assisting vessels towing tank barges in
identifying those specific risks, potential equipment failures, or
human errors that may lead to accidents.
Proposed Use of Information: The information would focus on the
voyage
[[Page 54644]]
planning in the preparation of the crew and vessel for an anticipated
voyage.
Description of The Respondents: The owners or operators of towing
vessels and tank barges in the First Coast Guard District.
Number of Respondents: 709 estimated transits of towing vessels a
year.
Frequency of Response: The frequency of response is once per
transit.
Burden of Response: The owner or operator of a towing vessel
engaged in a towing a tank barge must prepare a written voyage plan
before departure.
Estimated Total Annual Burden: 354.5 hours.
As required by section 3507(d) of the Paperwork Reduction Act of
1995, the Coast Guard has submitted a copy of this proposed rule to OMB
for its review of the collection of information.
The Coast Guard solicits public comment on the proposed collection
of information to: (1) Evaluate whether the information is necessary
for the proper performance of the functions of the Coast Guard,
including whether the information would have practical utility; (2)
evaluate the accuracy of the Coast Guard's estimate of the burden of
the collection, including the validity of the methodology and
assumptions used; (3) enhance the quality, utility, and clarity of the
information to be collected; and (4) minimize the burden of the
collection on those who are to respond, as by allowing the submittal of
responses by electronic means or the use of other forms of information
technology.
Persons submitting comments on the collection of information should
submit them both to OMB and to the Commander (m), First Coast Guard
District, where indicated under ADDRESSES by the date under DATES.
Persons are not required to respond to a collection of information
unless it displays a currently valid OMB control number. Before the
requirements for this collection of information become effective, the
Coast Guard will publish notice in the Federal Register of OMB's
decision to approve, modify, or disapprove the collection.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federal
implications to warrant the preparation of a Federalism Assessment.
Although the Coast Guard has determined that this proposal does not
warrant the preparation of a Federalism Assessment, there will be
preemptive impacts on existing state law, specifically the Rhode Island
Tank Vessel Safety Act, 46 Rhode Island General Laws Sec. 12.6. The
proposed regulations on positive control for barges [33 CFR
165.100(d)(1)] will preempt 46 R. I. Gen. Laws Sec. 12.6-8(a)(3). The
proposed regulations on enhanced communications [33 CFR 165.100(d)(2)]
will preempt 46 R. I. Gen. Laws Sec. 12.6-8(b). The proposed
regulations on voyage planning [33 CFR 165.100(d)(3)] will preempt 46
R. I. Gen. Laws Sec. 12.6-8(c). However, Rhode Island law, at 46 R. I.
Gen. Laws Sec. 12.6-12 specifically envisions preemption and
supercession of their laws by the adoption of Coast Guard regulations
on the areas covered by this proposal. No other states within the
proposed regulated navigation area have similar existing provisions.
Thus the Federalism implications of this proposal are expected to be
minimal.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub.
L. 104-4, 109 Stat. 48), requires Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments, and the private sector. UMRA requires a written statement
of economic and regulatory alternatives for proposed and final rules
that contain Federal mandates. A ``Federal mandate'' is a new or
additional enforceable duty imposed on any State, local, or tribal
government, or the private sector. If any Federal mandate causes those
entities to spend, in the aggregate $100 million or more in any one
year, the UMRA analysis is required. This proposed rule would not
impose Federal mandates on any State, local, or tribal governments, or
the private sector.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraphs 34(g) and
(i) of Commandant Instruction M16475.1C, this rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 165, as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add Sec. 165.100 to read as follows:
Sec. 165.100 Regulated Navigation Area: Navigable waters within the
First Coast Guard District.
(a) Regulated Navigation Area. All navigable waters of the United
States, as that term is used in 33 CFR 2.05-25(a), within the
geographic boundaries of the First Coast Guard District, as defined in
33 CFR 3.05-1(b).
(b) Definitions. Terms used in this section have the same meaning
as those found in 33 CFR 157.03. Single-hull identifies any tank barge
that is not a double-hull tank barge.
(c) Applicability. This section applies to primary towing vessels
engaged in towing tank barges carrying petroleum oil in bulk as cargo
in the regulated navigation area, or as authorized by the District
Commander.
(d) Regulations--(1) Positive Control for Barges. (i) Except as
provided in paragraph (d)(1)(iii) of this section, a single-hull tank
barge, unless being towed by a primary towing vessel with twin-screw
propulsion and with a separate system for power to each screw, must be
accompanied by an escort or assist tug of sufficient capability to
promptly push or tow the tank barge away from danger of grounding or
collision in the event of--
(A) A propulsion failure;
(B) A parted towing line;
(C) A loss of tow;
(D) A fire;
(E) Grounding;
(F) A loss of steering; or
(G) Any other casualty that affects the navigation or seaworthiness
of either vessel.
(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of
this section.
(iii) The cognizant COTP may authorize an exemption from the
requirements of paragraph (d)(1)(i) of this section for any tank barge
with a capacity of less than 25,000 barrels, to operate in an area with
limited depth or width such as a creek or small river. Each request for
an exemption under this section must be submitted in writing to the
cognizant COTP.
(iv) The operator of a towing vessel engaged in towing any tank
barge must immediately call for an escort or assist tug to render
assistance in the event of any of the occurrences identified in
paragraph (d)(1)(i) of this section.
[[Page 54645]]
(2) Enhanced Communications. Each vessel engaged in towing a tank
barge must communicate by radio on marine band or Very High Frequency
(VHF) channel 13 or 16, and issue securite calls on marine band or VHF
channel 13 or 16, upon approach to the following places:
(i) Execution Rock Light (USCG Light List No. [LLNR] 21440).
(ii) Race Rock Light (LLNR 19815).
(iii) Cable & Anchor Reef Buoy (LLNR 21330).
(iv) Stratford Shoal Middle Ground Light (LLNR 21260).
(v) Old Field Point Light (LLNR 21275).
(vi) Approaching Stratford Point from the south (NOAA Chart 12370).
(vii) Faulkner Island Light (LLNR 21170).
(viii) TE Buoy (LLNR 21160).
(ix) CF Buoy (LL 21140).
(x) PI Buoy (LLNR 21080) and Valiant Rock Buoy (LLNR 19825).
(xi) Approach to Point Judith in vicinity of Block Island ferry
route.
(xii) Buzzards Bay Entrance Light (LLNR 630).
(xiii) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055).
(xiv) Cleveland East Ledge Light (LLNR 16085).
(xv) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
(xvi) Approach to the Bourne Bridge.
(xvii) Approach to the Sagamore Bridge.
(xviii) Approach to the eastern entrance of Cape Code Canal.
(3) Voyage Planning. (i) The owner or operator of a towing vessel
employed to tow a tank barge shall prepare a written voyage plan for
each tank barge transit. The master of the towing vessel shall ensure
the proper use of each voyage plan.
(ii) Except as provided in paragraph (d)(3)(iii) of this section,
each voyage plan must contain:
(A) A description of the type, volume, and grade of cargo.
(B) Applicable information from nautical charts and publications,
including Coast Pilot, Coast Guard Light List, and Coast Guard Local
Notice to Mariners, for the destination(s).
(C) Current and forecasted weather, including visibility, wind, and
sea state for the destination(s).
(D) Data on tides and tidal currents for the destination(s).
(E) Forward and after drafts of the tank barge, and under-keel
vertical clearances for all port(s) and berthing area(s).
(F) Pre-departure checklists.
(G) Calculated speed and estimated time of arrival at proposed
waypoints.
(H) Communication contacts at Vessel Traffic Service (VTS) (if
applicable), bridges, and facilities, and port-specific requirements
for VHF radio.
(I) The master's standing orders detailing closest points of
approach, special conditions, and critical maneuvers.
(iii) Each owner or operator of a tank barge on an intra-port
transit of not more than four hours may prepare a voyage plan that
contains:
(A) The information described in paragraphs (d)(3)(ii) (C), (D),
and (E) of this section.
(B) The channels of VHF radio to monitor.
(C) Other considerations such as availability of pilot, assist tug,
berth, and line-handlers, depth of berth at mean low water, danger
areas, and securite calls.
(4) Navigation Restriction Areas. Unless authorized by the
cognizant COTP, no tank barge may operate in--
(i) The waters of Cape Cod Bay south of latitude 42 deg. 5' North
and east of longitude 70 deg. 25' West; or
(ii) The waters of Fishers Island Sound east of longitude 72 deg.
2' West, and west of longitude 71 deg. 55' West.
Dated: October 5, 1998.
R.M. Larrabee
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 27361 Filed 10-9-98; 8:45 a.m.]
BILLING CODE 4910-15-M
