[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58679-58685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29245]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 45
[USCG 1998-4623]
RIN 2115-AF38
Limited Service Domestic Voyage Load Lines for River Barges on
Lake Michigan
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to allow certain unmanned dry cargo
river barges to be exempt from the normal Great Lakes load line
requirements to operate on Lake Michigan. Instead, these river barges
would need to obtain a limited domestic service load line for two
specific routes (between Chicago, Illinois and Milwaukee, Wisconsin;
and between Chicago and Muskegon, Michigan). This proposed rule will
allow certain non-hazardous cargoes originating at inland river ports
to be directly transported as far as Milwaukee and Muskegon by river
barge, thereby realizing the benefits of the relatively low cost-per-
ton-mile of river barge transportation.
DATES: Comments must reach the Coast Guard on or before January 4,
1999.
ADDRESSES: You may mail comments to the Docket Management Facility,
(USCG 1998-4623), U.S. Department of Transportation, Room PL-401, 400
Seventh Street SW, Washington, DC 20593-001, or deliver them to room
PL-401, on the Plaza Level of the Nassif Building at the same address,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The telephone number is 202-267-1477.
The Docket Management Facility 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 or
copying at room PL-401 on the Plaza Level of the Nassif Building at the
same address between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also access this docket on the Internet at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule,
contact Mr. Thomas Jordan, Office of Marine Safety and Environmental
Protection (G-MSE-2), U.S. Coast Guard Headquarters, Room 1308,
telephone 202-267-0142. For questions on viewing or submitting material
to the docket, contact Dorothy Walker, Chief,
[[Page 58680]]
Dockets, Department of Transportation, telephone 202-366-9329.
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 names and addresses,
identify this rulemaking (USCG 1998-4623) and the specific section of
this document to which each comment applies, and give the 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 and
electronic filing. Persons wanting acknowledgment 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.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Docket Management Facility at the
address under ADDRESSES. The request should include the reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
Before the establishment of limited service domestic voyage load
line routes on Lake Michigan, barge cargoes originating at inland river
ports and destined for Lake Michigan ports had to be transferred to a
Great Lakes load lined vessel at Chicago (Calumet Harbor). This
transshipment was necessary because the present load line regulations
do not allow vessels onto the Great Lakes without a Great Lakes load
line, and river barges typically do not meet all the requirements for
unrestricted service on the Great Lakes.
In January 1991, the Port of Milwaukee approached the Coast Guard
to explore the possibility of establishing a relaxed domestic load line
that would allow river barges to operate along the western shore of
Lake Michigan between Chicago and Milwaukee. Later that year, a barge
company made a similar request for an eastern Lake Michigan route
between Chicago and Muskegon, Michigan. The motivation for these route
requests was economic. River barges offer relatively low costs per ton-
mile to move cargo and can therefore deliver cargoes to the Lake ports
less expensively. These routes could thereby stimulate more economic
activity in the port regions as well.
Because river barges are not designed to operate in the severe
weather conditions experienced on the Great Lakes, the American Bureau
of Shipping (ABS), the Coast Guard, and the industry worked together to
determine the appropriate operational restrictions and other
requirements that would allow river barges to safely venture onto Lake
Michigan. It was recognized that river barges can only operate on Lake
Michigan during fair-weather periods and only on carefully selected
routes. The group reviewed weather conditions and available ports of
refuge along the proposed routes.
On September 21, 1992, the Coast Guard published a notice in the
Federal Register (57 FR 43479) that established a limited service
domestic load line route on western Lake Michigan between Chicago,
Illinois (Calumet Harbor) and Milwaukee, Wisconsin.
On March 31, 1995, the Coast Guard published a second notice in the
Federal Register (60 FR 16693), announcing establishment of another
limited service route. This route is along the eastern side of Lake
Michigan between Chicago (Calumet Harbor) and St. Joseph, Michigan
(Benton Harbor). With the exception of the limiting wind conditions,
the requirements are the same for both routes. The prevailing weather
patterns on the new eastern route make it necessary for the
requirements to be different from the western route. In addition, the
second notice also imposed a new requirement for both routes. This new
requirement stated that the lead barge in the tow had to be rake-ended
rather than box-ended. The notice also allowed the initial load line
survey of barges less than 10 years old to be conducted afloat, and it
also prohibited cargo movements between ports on the two different
routes without first entering the river system at Calumet Harbor.
On September 28, 1995, the Coast Guard published a third notice in
the Federal Register (60 FR 50234) revoking the rake-ended barge
requirement imposed by the second notice. This notice was in response
to several comments pointing out that the restriction was not
necessary.
On August 26, 1996, the Coast Guard published a fourth notice in
the Federal Register (61 FR 43804) extending the eastern route from St.
Joseph, Michigan to Muskegon, Michigan. This extension required some
special considerations, principally because the ports of refuge are
further apart. Accordingly, the Coast Guard, ABS, and local barge
industry representatives developed some additional operational
requirements for barges traveling this extended route.
Discussion of Proposed Rules
The requirements for the Chicago/Milwaukee and Chicago/Muskegon
routes have already been presented and discussed in the previous
Federal Register notices (see Background section of this notice).
Subpart E of 46 CFR part 45, ``Unmanned River Service Dry Cargo
Barges,'' already provides a load line exemption for river barges
operating on Lake Michigan on the Chicago/Burns Harbor route.
Therefore, this subpart is being reorganized to incorporate the new
Milwaukee and Muskegon route requirements.
With four exceptions (discussed below), all of the requirements
appearing in the original subpart E or the Federal Register notice of
61 FR 43804 of August 26, 1996 have been retained. Some parts of
subpart E have been reworded and consolidated using Plain Language to
make the organization of the material easier to read.
The first exception concerns the proposed wind speed limits for the
Milwaukee and Muskegon routes. As published in the Federal Register of
August 26, 1996, these were originally set at continuous wind speeds of
15 knots and 20 knots for certain wind directions. In response to the
Federal Register notice, two comments were received which recommended
revising these limits to be sustained wind speeds of 16 and 21 knots,
respectively. The reason for this recommendation is that the Great
Lakes Marine Weather Forecast (MAFORS) reports ``sustained winds''
(vice ``continuous winds'') in slightly different speed ranges. For
example, MAFORS 1 is winds of 11 to 16 knots, and MAFORS 2 is winds of
17 to 21 knots. The commenters believe that the Federal wind speed
limits should align with actual forecasts that are used by most
mariners on the Lake. The Coast Guard agrees with this recommendation
and has incorporated it into this proposal.
The second exception concerns the ban on having cargo originating
at one Lake Michigan port from being delivered to another Lake port
without first entering the river system at Calumet Harbor. The original
reason behind this ban was that the Lake Michigan routes were intended
to connect Milwaukee and Muskegon to inland (river) ports, not to each
other. Comments have been received, however, arguing that this ban is
economically based, not safety based and therefore is not an
appropriate
[[Page 58681]]
limitation. The Coast Guard concurs and the proposed regulations remove
this ban; however, further comments on this issue are requested.
The third exception is that the allowable offshore distances for
the different routes have been harmonized. Specifically, the original
regulations for the Burns Harbor route did not specify any horsepower
requirement but limited the tow to ``not farther than 5 miles from a
harbor of refuge.'' The later notices for the other routes (Milwaukee,
St. Joseph, and Muskegon) specify a minimum horsepower requirement but
allow the tows to be ``not more than 5 nautical miles from shore,''
which is a more flexible standard. The proposed regulations remove the
harbor-of-refuge limitation for Burns Harbor tows and allow them 5
nautical miles offshore, but also impose a minimum requirement of 1,000
HP for the towboat (same as for tows to St. Joseph).
Similarly, the fourth exception harmonizes the Burns Harbor weather
restrictions with the restrictions applicable to all tows on the
eastern side of Lake Michigan, (which sail past Burns Harbor).
Specifically, the present regulations for the Burns Harbor route limit
tows to ``fair weather conditions'' whereas the St. Joseph/Muskegon
route weather limits are more specifically defined (wind speeds and
wave heights). Tows to Burns Harbor are now subject to the same limits
as the other eastern Lake routes.
Regulatory Evaluation
This proposed 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).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
This regulatory action imposes costs only on those unmanned dry
cargo river barge operators who voluntarily decide to obtain this
particular load line for their barges. The American Bureau of Shipping
(ABS) issues U.S. load lines. ABS indicates that approximately 12
barges may obtain load line certificates each year. The principal cost
of obtaining a load line under this rule results from ABS's level of
effort to survey barges and review their design. The unit cost is
typically less than $3,000, although costs will vary from barge to
barge, depending upon its design and material condition. In return for
this cost investment, the barge operator will have commercial
opportunities to move certain cargoes on Lake Michigan from inland
river ports to Milwaukee, Muskegon, and intermediate Lake ports. It is
expected that the barge operators will not incur the load line cost
unless they anticipate a satisfactory return on their investment.
The economic impact of this rulemaking on the local region is
expected to be generally beneficial, since these regulations are likely
to promote intermodal competition among waterborne and overland modes.
It has been several years now since these barges have been permitted to
operate in Milwaukee. The Coast Guard requests estimates of cargo
volumes that may be shipped by barge as a result of this proposal and
prospective effects on other transportation modes. The Coast Guard also
requests comments on the costs, benefits, and other economic impacts of
this load line program.
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.
This new load line program proposal will be open to all river barge
operators, including those that qualify as small entities. The Coast
Guard believes that many of the affected operators are small entities.
While compliance with these load line regulations would require an
initial investment of about $3,000, the regulations are voluntary and
provide flexibility and choice to small entities, as well as other
affected operators.
The proposed program is expected to expand the cargo base and
potential business of barges on the affected routes and increase modal
and intermodal competition for certain cargoes.
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 Docket
Management Facility 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 process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact Mr. Thomas Jordan, Office of
Marine Safety and Environmental Protection (G-MSE-2), 202-267-0142.
Copies of this NPRM will also be mailed to local Small Business
Development Centers.
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
collections, a description of the respondents, and an estimate of the
total annual burden follow. Included in the estimate of the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
Title: Limited Service Domestic Voyage Load Lines for River Barges
on Lake Michigan.
Summary of the Collection of Information: This proposal contains
collection of information requirements for 46 CFR part 45.
Need for Information: This proposal extends load line provisions to
unmanned dry cargo river barges operating on certain areas of Lake
Michigan.
[[Page 58682]]
Proposed Use of Information: Information collection is necessary so
that the Coast Guard may determine that the vessel complies with
minimum design standards before and after certification, as well as
prove noncompliance in case of delinquent vessels.
Description of the Respondents: Unmanned dry cargo river barges
operating on certain areas of Lake Michigan may obtain load line
certification.
Number of Respondents: The Coast Guard estimates that 12 such
barges may seek certification.
Frequency of Response: Each vessel must respond once annually.
Burden of Response: The Coast Guard estimates that 9.33 hours will
be spent by each vessel that chooses to gain load line certification.
Estimates Total Annual Burden: The total annual burden of extending
these load line provisions to the 12 unmanned dry cargo barges
operating on certain areas of Lake Michigan is 112 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 the
Office of Management and Budget (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 collection on those
who are to respond, as by allowing the submittal of responses by
electronic means or use of other forms of information technology.
Persons submitting comments on the collection of information should
submit their comments both to OMB and to the Docket Management Facility
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 a notice in the Federal Register of OMB's
decision to approve, modify, or disapprove the collection.
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 one year,
the UMRA analysis is required. This rule does not impose Federal
mandates on any State, local, or tribal governments, or the private
sector.
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraph
(34)(d)(e), of Commandant Instruction M16475.1C, that it 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 46 CFR Part 45
Great Lakes, Reporting and recordkeeping requirements, Vessels.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 46 CFR part 45 as follows:
PART 45--GREAT LAKES LOAD LINES
1. The authority citation for part 45 continues to read as follows:
Authority: 46 U.S.C. 5115; 49 CFR 1.46.
2. Revise Subpart E to read as follows:
Subpart E--Unmanned River Barges on Lake Michigan Routes
Sec.
45.171 What is the purpose of this subpart?
45.173 Which barges are eligible for the exemptions under this
subpart?
45.175 What routes does this subpart apply to?
45.177 What are the freeboard requirements?
45.179 What are the cargo limitations?
45.181 What are the exemption requirements for the Burns Harbor
route?
45.183 What are the load line requirements for the Milwaukee, St.
Joseph, and Muskegon routes?
45.185 What are the tow limitations?
45.187 What are the weather limitations?
45.191 What are the pre-departure requirements?
45.193 What are the towboat power requirements?
45.195 What are the additional equipment requirements for towboats
on the Muskegon route?
45.197 What are the operational plan requirements for the Muskegon
route?
Subpart E--Unmanned River Barges on Lake Michigan Routes
Sec. 45.171 What is the purpose of this subpart?
(a) This subpart defines conditions under which certain unmanned,
river-service, dry-cargo barges may be exempted from the Great Lakes
load line requirements of this part while operating on certain Lake
Michigan routes.
(b) The requirements of this subpart are summarized in the
following table:
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[GRAPHIC] [TIFF OMITTED] TP02NO98.277
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[[Page 58684]]
Sec. 45.173 Which barges are eligible for the exemptions under this
subpart?
The barges eligible for the exemption under this subpart are as
follows:
(a) Unmanned, dry-cargo barges operating between Calumet Harbor
(Chicago), IL, and Burns Harbor, IN, may be exempted from the
requirements that they have a load line if they are operated in
accordance with this subpart.
(b) Unmanned, dry-cargo barges operating between Calumet Harbor
(Chicago), IL, and Milwaukee, WI, or between Calumet Harbor and
Muskegon, MI, may be exempted from the Great Lakes load line
requirement if they are issued a limited-service, domestic-voyage load
line, and are operated in accordance with this subpart.
Sec. 45.175 What routes does this subpart apply to?
This subpart applies to the following routes on Lake Michigan,
between Chicago (Calumet Harbor), IL, and--
(a) Milwaukee, WI;
(b) Burns Harbor, IN;
(c) St. Joseph, MI; and
(d) Muskegon, MI.
Sec. 45.177 What are the freeboard requirements?
The freeboard requirements are as follows:
(a) All barges operating under this subpart must have a minimum
freeboard of 24 inches (610 mm).
(b) Additionally, open hopper barges must have a combined freeboard
plus cargo-box-coaming height of at least 54 inches (1,372 mm).
Sec. 45.179 What are the cargo limitations?
The cargo limitations are as follows:
(a) Only dry cargoes may be carried. Liquid cargoes, even in drums
or tank containers, may not be carried.
(b) Hazardous materials, as defined in part 148 of this chapter and
49 CFR chapter 1, subchapter C, may not be carried.
Sec. 45.181 What are the exemption requirements for the Burns Harbor
route?
In order for a barge on the Burns Harbor route to be exempt from
the requirements that it have a load line, the following requirements
must be met:
(a) The barge must be operated only between Calumet Harbor and
Burns Harbor and must be operated in accordance with this subpart.
(b) The owner of the barge must apply for this exemption in writing
to the Officer in Charge, Marine Inspection (OCMI), U.S. Coast Guard
Marine Safety Office, 215 W. 83rd St--Suite D, Burr Ridge, IL 60521.
The application may be in any form and must be signed by the owner or
an officer authorized to represent the barge's owner. No form or
certificate will be returned. However, the owner's certification will
be kept on file. The owner of a barge for which a load line exemption
is in effect must notify the OCMI of the transfer of ownership, change
of service, or other disposition of the barge.
(c) The owner and operator must agree to maintain the barge and
comply with the operational requirements of this subpart.
(d) The application must include the following general information:
(1) Barge name.
(2) Type.
(3) External dimensions.
(4) Types of cargo.
(5) Official number or other classification number.
(6) Owner and operator addresses and telephone numbers.
(7) Place and date built.
(e) The application must state and certify--
(1) That the barge has been designed and built to at least the
minimum scantlings of the ABS River Rules which were in effect at the
time of construction; and
(2) That the applicable provisions of 46 CFR part 45, subpart E,
will be complied with before and during all voyages between Chicago
(Calumet Harbor), IL, and Burns Harbor, IN, and intermediate ports on
Lake Michigan.
Sec. 45.183 What are the load line requirements for the Milwaukee, St.
Joseph, and Muskegon routes?
The load line requirements for the Milwaukee, St. Joseph, and
Muskegon routes are as follows:
(a) Load line certificate:
(1) The load line issued under this subpart must be a limited-
service, domestic-voyage load line.
(2) Except as provided under paragraph (b)(2)(vi) of this section,
the term of the certificate is five years.
(3) The load line certificate is valid for the Milwaukee, St.
Joseph, and Muskegon routes and intermediate ports. However, operators
must comply with the route-specific requirements on the certificate.
(4) The freeboard assignment, operational limitations, and towboat
requirements of this subpart must appear on the certificate.
(b) Conditions of assignment.
(1) An initial load line survey under Sec. 42.09-25 of this chapter
and subsequent annual surveys under Sec. 42.09-40 of this chapter are
required.
(2) At the request of the barge owner, the initial load line survey
may be conducted with the barge afloat if the following conditions are
met:
(i) The barge is less than 10 years old.
(ii) The draft during the survey does not exceed 15 inches (380
millimeters).
(iii) The barge is empty and thoroughly cleaned of all debris,
excessive rust, scale, mud, and water. All internal structure must be
accessible for inspection.
(iv) Gaugings are taken to the extent necessary to verify that the
scantlings are in accordance with approved drawings.
(v) The hull plating (bottom and sides) and stiffeners below the
light waterline are closely examined internally. If the surveyor
determines that sufficient cause exists, the surveyor may require that
the barge be drydocked or hauled out and further external examination
conducted.
(vi) The initial load line certificate is to be issued for a term
of 5 years or until the barge reaches 10 years of age, whichever occurs
first. At that time, the barge must be drydocked or hauled out and be
fully examined internally and externally.
Sec. 45.185 What are the tow limitations?
The tow restrictions are as follows:
(a) Barges cannot be manned.
(b) No more than three barges per tow.
(c) Tows cannot be more than 5 nautical miles from shore.
Sec. 45.187 What are the weather limitations?
The weather restrictions are as follows:
(a) The weather limits (ice conditions, wave height, and sustained
winds) are specified in Sec. 45.171(b), table 45.171(b).
(b) If weather conditions are expected to exceed these limits at
any time during the voyage, the tow may not leave harbor or, if already
underway, must proceed to the nearest appropriate harbor of safe
refuge.
Sec. 45.191 What are the pre-departure requirements?
Before beginning each voyage, the towing vessel master must conduct
the following:
(a) Weather forecast. Determine the marine weather forecast along
the planned route, and contact the dock operator at the destination
port to get an update on local weather conditions.
(b) Inspection. Inspect each barge of the tow to ensure that each
meet the following requirements:
(1) A valid load line certificate, if required, is on board.
(2) The barge is not loaded deeper than permitted.
(3) The deck and side shell plating are free of visible holes,
fractures, or serious indentations, as well as damage that would be
considered in excess of normal wear.
[[Page 58685]]
(4) The cargo box side and end coamings are watertight.
(5) All manholes are covered and secured watertight.
(6) All voids are free of excess water.
(7) Precautions have been taken to prevent shifting of cargo.
(c) Verifications. On voyages north of St. Joseph, the towing
vessel master must contact a mooring/docking facility in St. Joseph,
Holland, Grand Rapid, and Muskegon to verify that sufficient space is
available to accommodate the tow. The tow cannot venture onto Lake
Michigan without confirmed space available.
(d) Log entries. Before getting underway, the towing vessel master
must note in the logbook that the pre-departure barge inspections,
verification of mooring/docking space availability, and weather
forecast checks were performed.
Sec. 45.193 What are the towboat power requirements?
The towing vessel must meet the following requirements:
(a) General. Have adequate horsepower to handle the tow, but not
less than the amount specified for the route in this section.
(b) Milwaukee, Burns Harbor, and St. Joseph routes. Have a minimum
of 1,000 HP.
(c) Muskegon route. Have a minimum of 1,000 HP to St. Joseph and a
minimum of 1,500 HP from St. Joseph to Muskegon.
Sec. 45.195 What are the additional equipment requirements for
towboats on the Muskegon route?
The additional equipment requirements for towboats on the Muskegon
route that go beyond St. Joseph are as follows:
(a) Communication equipment. Two independent voice communication
systems in operable condition, such as Very High Frequency (VHF) radio,
radiotelephone, or cellular phone. At least two persons aboard the
vessel must be capable of using the communication systems.
(b) Cutting gear. Equipment that can quickly cut the towline at the
towing vessel. The cutting gear must be in operable condition and
appropriate for the type of towline being used, such as wire,
polypropylene, or nylon. At least two persons aboard the vessel must be
capable of using the cutting gear.
Sec. 45.197 What are the operational plan requirements for the
Muskegon route?
The towing vessel on the Muskegon Route must have aboard an
operational plan that is available for ready reference by the master.
The plan must include the following:
(a) The cargo limitations, the general operational requirements,
and the special operational requirements of this subpart.
(b) A list of mooring and docking facilities (with phone numbers
and area codes) in St. Joseph, Holland, Grand Haven, and Muskegon that
can accommodate the tow.
(c) A list of towing firms (with phone numbers and area codes) that
have the capability to render assistance to the tow, if required.
(d) Guidelines for possible emergency situations, such as barge
handling under adverse weather conditions, and other emergency
procedures.
Dated: October 20, 1998.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-29245 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-15-U
