[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25721]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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Part VII
Department of Transportation
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Coast Guard
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33 CFR Chapter I
Numbering of Undocumented Barges; Proposed Rule
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Coast Guard
33 CFR Chapter I
[CGD 93-091]
Numbering of Undocumented Barges
AGENCY: Coast Guard, DOT.
ACTION: Request for comments.
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SUMMARY: The Coast Guard is considering various options regarding the
initiation of a rulemaking project to establish a mandatory numbering
system, as required by law, for undocumented barges over 100 gross
tons. In order to identify and consider the potential impacts such a
requirement may have on the Federal government, the individual States
and the commercial barge industry, and to develop practical barge
identification numbering system alternatives, the Coast Guard is
requesting comments from interested and affected individuals and
entities early in the process. The numbering of undocumented barges
will allow identification of owners of barges found abandoned and help
to prevent future marine pollution from abandoned barges.
DATES: Comments are requested by January 17, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 93-091), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
notice. Comments will become part of this docket and will be available
for inspection or copying at room 3406, U.S. Coast Guard Headquarters.
FOR FURTHER INFORMATION CONTACT:
Carlton Perry, Project Manager, Auxiliary, Boating, and Consumer
Affairs Division, (202) 267-0979.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this request for comments by submitting written data, views or
arguments. Persons submitting comments should include their names and
addresses and identify this notice (CGD 93-091). Please submit two
copies of all comments and attachments in an unbound format, no larger
than 8\1/2\ by 11 inches, suitable for copying and electronic filing.
Persons wanting acknowledgment of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
Background and Purpose
The Abandoned Barge Act of 1992 (the Act), enacted on November 4,
1992, amended 46 U.S.C. 12301 to require the numbering of undocumented
barges greater than 100 gross tons. In enacting this legislation,
Congress noted that, too often, abandoned barges become the site for
the disposal of hazardous cargo, waste and petroleum products, thereby
contributing to numerous water pollution incidents. The primary purpose
of the Act is to prevent future marine pollution from abandoned barges.
By identifying each undocumented barge with a unique number, the owners
of abandoned barges will be determined and contacted regarding removal
of the barge. Further, with increased owner accountability, it is
likely that fewer undocumented barges will be abandoned. Fewer barges
would then be available to persons intending to conduct illegal dumping
of pollution or hazardous substances.
The Act requires the Coast Guard to promulgate regulations
implementing the new law.
For many years, Sec. 12301 has provided for numbering undocumented
vessels. Under 33 CFR parts 173 and 174, States with an approved
numbering system, and the Coast Guard in Alaska, register undocumented
recreational and commercial vessels equipped with propulsion machinery
of any type, charge fees, collect taxes and assign a number to be
painted on or permanently attached to each side of the forward half of
each vessel required to be numbered.
About 27,000 barges are currently documented by the Coast Guard
while approximately 14,000 existing barges are undocumented.
Early Participation
The Coast Guard is consulting with the State Boating Law
Administrators, State Numbering Authorities and with the National
Association of State Boating Law Administrators' (NASBLA) Numbering and
Titling Committee regarding potential economic impacts and concerns
from the States' perspective regarding the implementation of a
numbering system for undocumented barges over 100 gross tons. The Coast
Guard met with the NASBLA Numbering and Titling Committee at its
meeting in March 1993 to discuss potential implications of the new
statutory requirement. The Coast Guard notified the Boating Law
Administrator and Numbering Authority of each State regarding the new
statutory requirement to number undocumented barges and received input
from representatives of 13 States. The States' responses are available
for review in this docket file (CGD 93-091) and will be included in any
future rulemaking arising from this project.
The Coast Guard is also consulting with the Towing Safety Advisory
Committee (TSAC) and the industry affected by the numbering of
undocumented barges. The Coast Guard met with the Towing Safety
Advisory Committee (TSAC) at its November 1993 meeting the requested
assistance in obtaining information on potential impact of the
numbering requirement on the barge industry. Minutes from this meeting
are available in this docket file (CGD 93-091) and will be considered
in any future rulemaking arising from this project.
The following is a summary of preliminary information received in
responses from a number of States and TSAC regarding the economic
impact of a barge numbering system:
1. TSAC asserts that only the individual owners could provide the
distribution information necessary to determine in which State each
barge would be numbered, if the States were to become the numbering
authorities. TSAC estimates that the cost of marking a barge with an
identification number could range from $500 to $1,500 depending on a
number of factors including the size of the barge, whether the work is
done by a shipyard or the owner, and the area of the country where the
work is done.
2. The responses from the States emphasized the difficulty of
determining the number of barges in their State to be numbered, and the
amount of revenue that could be collected by the States if the States
were to be the numbering authorities. The States indicated that if
assignment of numbers and maintenance of owner information were the
only cost factors considered, the costs would be relatively low. These
States pointed out, however, that registration and numbering in some
States also involve verification of vessel ownership and enforcement of
the numbering requirement, which would increase costs. The States
estimated that the fees collected would not cover the costs of
numbering barges and enforcing the numbering requirement.
3. Both TSAC and the States expressed concerns about relying on the
States to number undocumented barges. The response asserted that barge
operations are interstate in nature, making it difficult to determine
the State of principal operation and to reach reciprocity among or
between States for the numbering of barges and collection of fees.
Affixing the State issued 3'' numbers to barge hulls will not,
according to the States, achieve the intent to identify the owners of
barges found abandoned. TSAC also noted that barge owners may be
subject to confusing or conflicting requirements among States issuing
numbers that condition issuing a number on meeting State requirements
for safety certificates. Some responses warned that these State
requirements could be duplicative or contrary to Federal requirements
for commercial vessels or barges and may not be recognized by all
States. Most undocumented barges, these responses noted, cannot be
Coast Guard documented, because they do not meet the requirement for a
Builder's Certificate or chain of title. Also, undocumented barges
normally lack a hull identification number and barge names do not
provide a unique identifier. Some State representatives contend that in
States that title boats, there are irreconcilable differences between
the Uniform Commercial Code (UCC) system used by States to perfect
liens and the Federal Ship Mortgage Act applicable to commercial
vessels and barges. The States further expressed concern over the
potential need for developing State legislation, regulations, policies,
procedures and even new programs to register (number) barges using
manual or automated systems. The States also indicated that a number of
States would be reluctant to take on the additional responsibility and
financial burden associated with numbering unpowered barges.
4. Both TSAC and the States expressed support for relying on the
Coast Guard to issue numbers for undocumented barges. TSAC and the
States argued that if the Coast Guard issued numbers for undocumented
barges, the numbering system would be more efficient because the barge
industry would be required to deal with only one issuing authority,
meet one authority's requirements, and the barge and barge owner
identification would be maintained in one information system available
to Federal, State, local law enforcement, and the public, 24 hours each
day, seven days each week. The Coast Guard currently issues numbers for
undocumented barges for Certificate of Inspection purposes and those
barges are marked with that number. The responses received also
suggested that the Coast Guard could issue a 6-character number (letter
followed by 5 digits vs. the official number which has ``NO'' followed
by 6 digits) and further suggested that the documents could be called
``Registration Number'' or ``Barge Registration'' to avoid confusion
with a Coast Guard Document or Certificate of Inspection, and that
different colors could be used. The responses further suggested that
undocumented barges be marked in the same manner as documented barges
and that barge owners be given up to two years to comply with the
marking requirements to allow time to schedule marking of their barges
and apportion the costs. The responses suggested that any new marking
regulations allow a reasonable time for barge owners who are not in
physical control of their barge (due to a multi-year lease or where the
barge has been outside of the U.S. for an extended period) to come into
compliance with new requirements. Some of the responses received
emphasized that the initial registration of undocumented barges should
be free of charges; however, subsequent endorsements, waivers,
replacements or lien recordation could mirror fees for comparable
documented vessel services. The States emphasized that the State
numbering systems were equipped to number recreational vessels and
similar commercial vessels, but not barges. The States suggested that
barges be numbered in the State of the principal place of business of
the barge owner rather than attempting to select a State of principal
operation and transferring the vessel number each time the barge is
moved.
Solicitation of Views
The Coast Guard solicits comments from all segments of the marine
community, State numbering authorities, National Boating Safety
Advisory Council (NBSAC), and other interested persons on the economic
and other impacts of numbering undocumented barges. The Coast Guard
also requests suggested alternatives related to the numbering of
undocumented barges. Persons submitting comments should do so as
directed under Request for Comments above, and specify the area(s) of
concern on which comments are being submitted, state what impacts may
result from one or more alternatives identified, suggest other
alternatives, and provide reasons to support the information provided
on potential impact of suggested alternatives. The Coast Guard is
particularly interested in receiving information, views, and data on
the following questions and areas of concern:
1. What Should Be the Undocumented Barge Number?
Should the number resemble the number issued for recreational
vessels, a Coast Guard issued documentation number, a Coast Guard
assigned number for certificate of inspection purposes, a hull
identification number or another number?
2. How Should the Assigned Number Be Attached to Undocumented Barges?
Should the number be attached to a barge similar to the numbers
issued for recreational vessels, Coast Guard issued numbers for
documented vessels and barges, State or Coast Guard assigned hull
identification numbers, or some other means of attachment?
3. What Information Should Be Required To Obtain a Number for an
Undocumented Barge?
Should the numbering requirements for commercial barges be the same
or different from recreational vessels, Coast Guard documented vessels
an barges, or Coast Guard inspected vessels and barges?
4. What Are the Economic Impacts of Numbering Undocumented Barges on
the Numbering Authority and on the Barge Industry?
How many undocumented barges would likely be subject to numbering
and how are they distributed throughout the United States?
What impact would numbering undocumented barges have on State
personnel and financial resources and other concerns, if the States
were directed to number barges?
What types of, and how much, potential revenue could be collected
under a State numbering system?
Who are the affected members of the barge industry?
What is the economic impact of numbering undocumented barges on the
barge industry?
Are there any additional concerns of the barge industry?
5. Who Should Administer a System for Numbering Undocumented Barges?
Should the authority to assign numbers and maintain ownership
information for undocumented barges be the Coast Guard, the individual
States, or another entity? Describe why the entity you suggest should
be the issuing authority.
Would the States agree to number undocumented barges voluntarily?
If the States are directed to number barges, should States that
refuse to do so lose their Coast Guard approval as the number issuing
authorities for undocumented vessels, with the Coast Guard then
becoming the issuing authority for those States?
How should the barge numbering system address undocumented barges
numbered in one State and operated routinely or sold for operation in a
new State?
Should the barge number issued depend on the State of principal
operation like undocumented vessels, or be unrelated to any particular
State to reflect the interstate operation of barges?
Should the Coast Guard number undocumented barges in the same
manner as documented vessels and barges and maintain the information in
the same computer data base?
Should the Coast Guard number undocumented barges in the same
manner as it identifies undocumented barges for inspection certificate
purposes and maintain the information in the same computer data base?
6. What Factors or Other Information Should Be Considered in
Establishing a System for Numbering Undocumented Barges?
Is there any other information you feel may be helpful in assisting
the Coast Guard to implement barge numbering with the least negative
impact on the States, the Coast Guard and the barge industry?
What other alternatives regarding the numbering of undocumented
barges to identify owners of barges found abandoned should be
considered?
All comments received by the Coast Guard as a result of this notice
will be summarized and provided to NBSAC, TSAC, and NASBLA organization
members for their consideration and consultation. The Coast Guard will
consider all relevant comments in the development of any regulatory
project to establish a mandatory numbering system for undocumented
barges over 100 gross tons.
Dated: October 7, 1994.
G.A. Penington,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 94-25721 Filed 10-17-94; 8:45 am]
BILLING CODE 4910-14-M
