[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Rules and Regulations]
[Pages 56257-56269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26848]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 27
[USCG-1998-4445]
RIN 2115-AF66
Fire Protection Measures for Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule implements measures for the early detection
and control of fires on towing vessels. These measures increase the
chances of fighting a fire with early warnings and better
communications, and controlling the fire with shut-off valves and
training and drills. The rule should decrease the number and severity
of injuries to vessels' crews, prevent damage to vessels, structures
and other property, and reduce the likelihood of a tank barge's
drifting, grounding, and ultimately spilling its cargo.
DATES: Effective Date: This interim rule is effective January 19, 2000.
Comment Date: Comments must reach the Docket Management Facility on
or before December 20, 1999.
The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register on January
19, 2000.
ADDRESSES: You may submit your comments and material by mail, hand
delivery, fax, or electronic means to the Docket Management Facility at
the address under ADDRESSES; but please submit your comments and
material by only one of the following methods:
1. By mail to the Docket Management Facility (USCG-1998-4445), U.S.
Department of Transportation , room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
2. By hand delivery to room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
[[Page 56258]]
The telephone number is 202-366-9329.
3. By fax to Docket Management Facility at 202-493-2251.
4. Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble other
than material proposed for incorporation by reference, 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.
The material incorporated by reference is available for inspection
at room 1308, 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 202-267-1444.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
Randall Eberly, P. E., Office of Design and Engineering Standards (G-
MSE), Coast Guard, telephone 202-267-1861, electronic mail
Reberly@comdt.uscg.mil. For questions on viewing or submitting material
to the docket, contact Dorothy Walker, Chief, Dockets, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related material. If you do so, please include
your name and address, identify the docket number for this rulemaking
(USCG-1998-4445), indicate the specific section of this document to
which each comment applies, and give the reason for each comment. If
you submit comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like to know
they reached the Facility, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this interim rule in
view of the comments.
Public Meeting
We do not now plan to hold a public meeting. But you may request
one by submitting a request to the Docket Management Facility at the
address under ADDRESSES explaining why one would be beneficial. If we
determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
Background and Purpose
On January 19, 1996, the tugboat SCANDIA, with the tank barge NORTH
CAPE in tow, caught fire five miles off the coast of Rhode Island.
Crewmembers could not control the fire and, without power, they were
unable to prevent the barge carrying 4 million gallons of oil from
grounding and spilling about a quarter of its contents into the coastal
waters. The NORTH CAPE spill led Congress to add, by Sec. 902 of the
1996 Coast Guard Authorization Act (Pub. L. 104-324) (the Authorization
Act), a new subsection, (f), to 46 U.S.C. 4102, to permit the Secretary
of Transportation--``in consultation with the Towing Safety Advisory
Committee'' (TSAC)--to require fire-suppression measures on all towing
vessels. We published a notice of proposed rulemaking (NPRM) on safety
of towing vessels and tank barges [CGD 97-064] [RIN 2115-AF-53] on
October 6, 1997 (62 FR 52057).
Statutory Mandate
Section 902 of the Authorization Act gave the Coast Guard the
authority to require ``the installation, maintenance, and use of a fire
suppression system or other measures * * * on board towing vessels.''
However, for vessels that tow non-self-propelled tank vessels, the
Authorization Act did not just give the Coast Guard the authority; it
mandated that the Coast Guard develop these requirements. The
requirements that the Coast Guard is establishing in this rule are
based, in part, on recommendations from the TSAC.
Regulatory Approach
New Fire Protection Rules Apply to Most Towing Vessels
This interim rule prescribes that most towing vessels must be
fitted with--
General alarms,
Engine-room fire detection systems,
Internal communication systems, and,
Remote fuel-shutoff valves.
Furthermore, fire-fighting drills must be conducted and training
requirements need to be established for crews on towing vessels.
Towing vessels that engage only in assistance towing, pollution
response, or fleeting duties are exempted from the measures included in
this IR. This rule applies to all other towing vessels, not just those
over a certain length or those that tow non-self-propelled tank
vessels. Owners of existing towing vessels have until January 19, 2000,
to install the required equipment. There were 155 reported fires on
towing vessels from 1992-1996, and many of them occurred in the engine
room. Each of these fires was a potential danger to the crew or
obstruction to maritime commerce, and each resulted in property damage.
Many of these fires resulted in a total constructive loss of the
vessel, and several required the use of outside resources to bring
under control. Also, the TSAC recommended that we apply this rule to
towing vessels regardless of service so operators could maintain
flexibility over the cargoes that they may tow.
The TSAC recommended that we apply this rule only to vessels at
least 12 meters in length. Limiting application of this rule to those
vessels, however, would not meet the intent of the mandate in the
Authorization Act, which did not distinguish among vessels by length.
The Act mandated the installation of fire-suppression measures on
vessels that tow non-self-propelled tank vessels (barges); vessels that
are less than 12 meters in length could be and often are engaged in
towing such barges. Also, the Coast Guard is concerned that a fire that
results in loss of propulsion and navigation capability could occur on
any towing vessel, regardless of length.
Requirement for a Fire-Suppression System
This interim rule does not implement any requirements for fixed
fire-suppression systems on towing vessels. In the NPRM, we expressed
our position that gaseous suppression systems may not be effective on
certain existing vessels. Those systems need relatively airtight
enclosures to maintain extinguishing concentrations. Many existing
towing vessels are constructed with engine rooms that would not be
sufficiently airtight. Because of this possible constraint on the
application of total-flooding systems to existing vessels, we proposed
a combination of early-warning fire-detection systems, semi-portable
fire extinguishers, fixed or portable fire pumps, and crew training as
alternative means of fire protection. During the comment period for the
NPRM, we received numerous comments critical of these alternative
measures. Many of the comments felt that the measures did not meet the
intent of the Authorization Act, because they would not require total-
flooding fire-extinguishing systems. Further, the
[[Page 56259]]
comments felt that the measures did not consider vessels'
characteristics, methods of operation, and nature of service, nor did
they differentiate between ocean-going tugboats and inland towboats. We
have carefully considered these comments and have decided to implement
the lower cost, non-controversial measures in this interim rule, while
we continue our review of the other measures. The rule reflects a
number of limited changes based on public comments and are discussed
below. It drops the sections of the proposed rule that concerned manual
fire-fighting and fixed fire-extinguishing systems, to allow additional
consideration and comment under a separate Supplemental Notice of
Proposed Rulemaking (SNPRM) on fire-suppression systems and other
measures for towing vessels [CGD 97-064] [RIN 2115-AF-53].
Discussion of Comments and Changes
The Coast Guard received a total of 54 documents containing 208
comments to the public docket of the NPRM on Towing Vessel Safety.
Comments consisted of letters to the docket and remarks at the public
meetings in St. Louis, MO and Newport, RI. The 67 comments relating to
systems for anchoring and barge retrieval were addressed in a separate
rulemaking [63 FR 71754; Dec. 30, 1998] on emergency control measures
for tank barges (USCG 1998-4443). The remaining 141 comments were
concerned with suppressing and fighting fires. All comments concerning
fixed fire-suppression systems, fire pumps, fire hoses and hydrants, or
semi-portable fire extinguishers will be addressed in the SNPRM on fire
suppression. Comments on other issues of fire protection raised in the
NPRM are addressed in this interim rule. The following paragraphs
summarize the comments and explain any changes made to the proposed
rules for fire protection.
1. General
Eleven comments stated that the proposed rule would not meet the
intent of the Authorization Act, because it would not require total-
flooding fire-extinguishing systems for all towing vessels, or at least
not for all towing vessels used to transport oil and other hazardous
substances. Additionally, the proposed rule does not consider vessel
characteristics, methods of operation, or nature of service, nor does
it differentiate between ocean-going tugboats and inland towboats.
Our proposed rule would have established minimum criteria for
manual fire-fighting equipment and for the training of crews on all
towing vessels. Many of the public comments were critical of this
approach. Their primary concern was for the safety of the crewmembers
expected to fight the fires. Other comments noted that the greatest
fire hazard on towing vessels is an engine-room fire caused by a fuel
leak. Unless fire-fighting equipment used to fight an engine-room fire
is installed in a protected location away from the engine room, it
could be damaged by a fire. Fire pumps and generators used to power the
fire pumps are generally located in the engine room. Aboard many towing
vessels, there is no other space where they could be installed. The
same concern was expressed about the location of the semi-portable fire
extinguisher that we proposed. Many of the commenters felt that manual
fire-fighting equipment would meet with limited success on an engine-
room fire, unless self-contained breathing apparatus and personal
protective gear (which the NPRM did not propose) were provided to the
crew. Even then, the effectiveness of manual fire-fighting equipment
would be limited in contrast to that of fixed fire-suppression systems.
We are reconsidering the application of fixed fire-suppression systems
and semi-portable fire extinguishers to all vessels. We will revisit
these in the SNPRM.
One comment requested that we amend the proposed rule to require
that all towing vessels transporting oil or other hazardous cargoes
comply with the same standards for construction and safety applied to
self-propelled tank vessels (46 CFR Subchapter D). It urged that
criteria for construction, manning, and inspection are essential to
ensure the safe transport of hazardous cargoes. The proposed rule would
not go far enough, it held, in applying rules on fire and safety to
towing vessels. Such a change is outside the scope of this rulemaking,
and we did not incorporate it.
One comment indicated that many operating vessels already have
systems for fire detection, fire extinguishing, general alarm, and
internal communication that are functional but that would not meet the
approval criteria in the proposed rule. The comment argued that such
existing equipment should be accepted, as is. We note the concerns of
this comment and have partially incorporated them in this interim rule.
Existing fire-detection systems that use Underwriters Laboratory (UL),
Inc.-listed components, and are installed according to specific
criteria (listed in Secs. 27.210 and 27.310), will now be accepted. We
will require that vessel owners have documentation from a Registered
Professional Engineer or a recognized classification society (under 46
CFR part 8) certifying that existing fire-detection systems satisfy our
criteria. Existing systems for general alarm and internal communication
need not meet any approval criteria. They need only be capable of
functioning as stated in this rule. Existing fire-extinguishing systems
will be the subjects of the SNPRM.
One comment felt that the proposed requirements for towing vessels
are overly restrictive when compared to the requirements for other
types of vessels. The comment recommended that we change the proposed
rule to mandate a fire prevention program in conjunction with standards
for housekeeping and preventive maintenance as a substitute for the
proposed systems for detecting and extinguishing fires. We do not agree
with this comment. The administrative controls that the comment
recommends are one element of successful fire protection. The proposed
controls alone do not provide an adequate level of fire protection. The
incidence and consequences of potential fires cannot be realistically
predicted. Our rule, therefore, requires the set of equipment necessary
to provide a minimum level of protection against possible fires.
One comment expressed concern that a vessel without an auxiliary
generator could not provide electrical power for a fire pump. We note
this concern and will address it further in the SNPRM.
Several comments requested that vessels, 12 meters or less in
length, should be exempted from the proposed rule. We do not agree with
these comments. As we previously stated (in the preamble to the NPRM),
this would not meet the intent of the Authorization Act, because the
Act does not vary its applicability based on vessel length. We are
concerned about possible fires on any towing vessel regardless of its
length.
Several comments stated that the proposed rule should not apply to
all towing vessels, but should apply only to towing vessels used to
transport oil and other hazardous substances. We noted in the NPRM our
concern about possible fires on any towing vessel--regardless of
service or materials transported. The rule, as proposed, is intended to
provide a minimum level of fire protection for all towing vessels. As
previously noted, the requirements for fixed fire-extinguishing systems
in the engine rooms of towing vessels remain under review. The SNPRM
will consider the need for fixed extinguishing systems, taking into
account the service of the
[[Page 56260]]
vessel as well as the hazard level of the cargoes being transported.
One comment suggested that we require emergency lighting in the
engine room. We agree in principle with the comment that emergency
lighting may enhance access to the engine room during an emergency.
However, we have not amended the proposed rule to require this. We
expect that most towing vessels carry battery-powered flashlights and
portable lanterns that are used daily. If so, it is a reasonable
expectation that these lights would work when needed. We expect that
these portable lights would be sufficient for use in emergencies.
Several comments expressed the view that the crew should not have
to perform as a fire brigade. They said that this would unnecessarily
expose the crew to danger. Instead, they felt that a more prudent
approach would be to abandon the vessel, or to rely on fixed fire-
suppression equipment. We note this concern and will address it further
in the SNPRM.
One comment recommended that we extend the implementation date for
the installation of the required fire-protection equipment. This would
allow vessel operators the option of installing the required equipment
at the next scheduled yard date rather than within the specified two-
year period. The comment notes that, if all operators are required to
install the fire-protection equipment during the same two-year cycle,
suppliers of the equipment will face a backlog of orders that could
prevent timely completion of the installations. We do not agree with
the comment. The proposed two-year limit for complying, in conjunction
with the time taken to complete the rulemaking, affords existing towing
vessel operators more than ample opportunity to order and install the
required equipment.
2. Definitions
One comment suggested that definitions of several terms were needed
to clearly understand the proposed rule. The unclear terms were
operating station, accommodation space, contact maker, fire-detection
system, pitot-tube pressure, working area, and machinery space. We
agree with this comment. We discuss the term fire-detection system
further within the sections of the rules that apply to it. The term
pitot-tube pressure no longer pertains to this rule. A contact maker is
a type of switch; specifications for one are described in 46 CFR
113.25-11. We have added the remainder of the terms to the list of
definitions in Sec. 27.101. To avoid confusion, we have replaced the
term machinery space used in the proposed rule with the term engine
room in all parts of the interim rule.
3. General Alarm
One comment expressed the opinion that a general alarm should not
be required on a small vessel, because the crew could communicate by
voice or by sounding the vessel's horn. We disagree. The primary goal
of the proposed rule was to ensure that a distinctive emergency signal
would be installed on each towing vessel, to quickly alert the crew of
fire or other emergency. A vessel's horn regularly sounds for non-
emergencies. A crewmember's voice may not be clearly heard or
understood over engine-room noise, resulting in mistaken or delayed
fire-fighting. The general alarm that we require is a universally
recognized signal for the crew to respond to their assigned emergency
stations.
Several comments felt that Secs. 27.205(a)(4) and proposed
27.305(a)(3), here 27.305(a)(4), should require monthly instead of
weekly testing of the general alarm. Again, we disagree. The general
alarm is an emergency safety system; as such, it must be functional at
all times. Weekly testing of the alarm is consistent with our rules for
inspected vessels and provides a high degree of confidence that the
alarm will operate when needed.
A number of comments did not understand our intent, or they
disagreed with our proposed rule, for the design of the general alarm
stated in Secs. 27.205 and 27.305. A particular concern was the
requirement to install visible warning devices in all areas on new
vessels. Many comments felt that a standardized general alarm should be
required, with audible alarms placed throughout the vessel, including
supplemental visible alarms in areas with high levels of background
noise. Upon further review of the proposed rule, we agree that the two
systems could be misinterpreted in their existing form. We have
rewritten them to clarify the requirements and have modified them to
make them consistent for both existing and new vessels. This change
deletes the requirement for general alarms on new vessels to be both
audible and visible. This rule requires that all general alarms consist
of audible warnings located so they can be heard throughout the vessel.
It also requires that, in areas where it may be difficult to hear those
warnings, supplemental visible warnings must be installed. This change
should ensure that a universal warning is in place on both new and
existing vessels. Uniform general alarms will prevent confusion among
crewmembers that may transfer between different vessels.
4. Fire Detection
One comment requested that we change Secs. 27.210 and 27.310 to
exempt small vessels from the requirement to install fire-detection
systems. The comment felt that a crew could provide a fire watch and
sound an alarm by voice or by sounding a vessel's horn. We do not
agree. The goal of the proposed rule was to ensure that a dedicated,
reliable system would be installed aboard towing vessels, to provide
early warning of fires. An approved fire-detection system provides
continuous surveillance of the protected area. Reliance on crewmembers
that may be distracted or busy performing assigned duties does not
provide an equivalent level of protection.
Another comment noted that the proposed rule would have required an
approved fire-detection system but not the maintenance or testing of
the system. We agree with this observation, and Secs. 27.210(b) and
27.310(b) will require the maintenance and testing of the system
according to the manufacturer's instruction manual.
Several comments said that Secs. 27.210 and 27.310 contain
insufficient design criteria to let the public develop realistic cost
estimates for the proposed fire-detection systems. We disagree with
this observation. Manufacturers provided us with basic information on
costs of their systems. We recognize that each vessel may have unique
configurations that could alter the final cost of its system. However,
we believe that this rulemaking contains adequate information to allow
the development of reasonable estimates of cost.
Numerous comments regarded the design basis of the proposed fire-
detection systems. Several noted that many existing vessels currently
have systems that comply with NFPA 72, which is the shore-based
criterion for such systems. But NFPA 72 allows the spacing of heat
detectors at much greater distances than the 3 meters (10 feet) that
proposed Secs. 27.210(b) and 27.310(b) would have required. Since the
existing systems may not have their detectors spaced at 3-meter
intervals, these systems would have to be replaced. The comments
suggested that, for this and other technical reasons, we should accept
existing systems that comply with NFPA 72. We agree. Existing systems
that are certified to be UL-listed and are installed under specific
criteria listed in Secs. 27.210 and 27.310 will be accepted. The
standard of 3-meter spacing drops from the rule.
[[Page 56261]]
Another group of comments expressed related concerns with the
proposed 3-meter standard for the placement of fire detectors on the
overhead of the engine room. The comments suggested that fire detectors
located there at 3-meter intervals might not be adequate to protect
against all hazards. They suggested, as an alternative, a combination
of heat and smoke detectors located on the overhead and at lower
levels, near obvious hazards such as main engines or generators.
Several of the group felt that the rule should allow heat detectors,
smoke detectors, a combination of heat and smoke detectors, or a
continuously manned engine room. We partially agree with these
comments. We have changed the rule to allow fire-detection systems to
comply with design criteria of the Coast Guard (listed in Secs. 27.210
and 27.310) or with NFPA 72. These systems may use heat detectors,
smoke detectors, or a combination of the two. We do not, however,
consider a continuously manned engine room an acceptable substitute for
any such system. The attention of the personnel on duty in the engine
room might be focused on routine tasks or maintenance. Because of these
parallel duties, the engineers might not immediately notice incipient
fires. Even a continuously manned engine room must have a fire-
detection system to ensure the needed level of safety.
Several comments concerned proposed Secs. 27.210(f) and 27.310(f),
which would have required that the fire-detection system not be used
for any other purpose. The comments stated that the rule should let the
system be connected to the automation or other monitoring system of the
engine room. We disagree. The connection of non-emergency equipment to
the fire-detection system introduces a potential for spurious
electrical faults to damage the system; this could decrease the
reliability of the system. This rule accepts fire-detection systems
approved by the Coast Guard or listed by UL only for service as fire
alarms. If other devices are connected to fire-alarm panels, then there
is no way of ensuring that alarms will perform as necessary.
5. Internal Communications
One comment expressed the opinion that internal communication
systems are not needed on small vessels, because the crew could
communicate by voice. We agree with this comment. In response, we have
changed the interim rule to allow internal communication requirements
similar to those listed in 46 CFR part 184 of Subchapter T and 46 CFR
part 121 of Subchapter K. To be consistent with other provisions of the
existing regulations, this exemption will also apply to twin-screw
vessels with operating station control for both engines. Subchapters T
and K regulations leave the determination of acceptable arrangements on
small vessels up to the local Officer in Charge, Marine Inspection.
Towing vessels are not normally subject to the jurisdiction of the
local inspector; thus alternate performance criteria are listed in the
rule. Changes to the rule will allow small vessels, where the operating
station, control station, and the propulsion engine room are
sufficiently close together, to use direct voice communication instead
of an internal communication system. For the purpose of this
regulation, we feel that the separation criterion ``sufficiently
close'' is satisfied, if the crew is able to maintain unobstructed
visual contact and the separation distance between the operating
station and the engine room access door does not exceed 3 meters (10
feet).
Another comment requested clarification of proposed Secs. 27.215(a)
and 27.315(a) regarding the necessary degree of independence for the
system. It asked whether the system needs to be electrically and
physically isolated from the vessel's electrical system. It also
suggested that battery-powered public-address (PA) systems or portable
VHF radios should fulfill this requirement on both existing and new
vessels. We agree with this comment, and have changed the sections
accordingly. Our intent here is to ensure the presence of a reliable
system, one that will continue to operate even if the vessel's
electrical power fails or shuts down. We regard either an installed PA
system with backup power from batteries, or hand-held VHF radios, as
meeting these criteria. It is not necessary for the system to be
completely distinct from the vessel's electrical system. Our intent is
to ensure there is a source of power for the communication system that
does not depend on the towing vessel's electrical system.
One comment recommended that we require the systems for internal
communication to be intrinsically safe. We do not agree. The system is
to allow contact between the engine room and the operating station.
Neither of these areas is a hazardous location where specialized
electrical equipment must be installed.
6. Fire Pumps, Fire Main, and Fire Hose
Numerous comments concerned the proposed rule for fire pumps,
hydrants, and hoses. Many of the comments wondered how an installed
fire pump could be of any use in combating an engine-room fire if it or
its source of power were located in the engine room. Others noted that
the requirement for a portable pump made sense in part precisely
because the pump would not be affected by an engine-room fire, but
noted further that it would be extremely difficult to effectively
deploy and start the pump in an emergency. Many others suggested that
manual fire-fighting in an engine room would be very difficult for
crewmembers not trained as professional fire fighters. Because of these
comments critical of the proposed rule, we are reserving all sections
of the proposed rule that pertain to manual fire-fighting for further
consideration in the SNPRM. This may reduce or remove the proposed rule
for manual fire-fighting equipment if our further consideration
concludes that fixed extinguishing systems or other measures offer a
more effective means of suppressing engine-room fires aboard towing
vessels.
7. Fire-Extinguishing Equipment
One comment noted that proposed Sec. 27.325 would have allowed the
operator of a new towing vessel 24 meters in length or longer to
install either a semi-portable fire extinguisher or a fixed fire-
extinguishing system. The comment expressed the view that, on new
vessels, fixed systems should be required. That was our intent with the
NPRM; only through a typographical error did the proposed rule state
that the installation of either type of system was acceptable. A
corrective notice [62 FR 60939] published on November 13, 1997, made
this clear: The proposed rule should have stated that both a semi-
portable extinguisher and a fixed system would be required. We have
decided, however, to reserve this section for the SNPRM.
Numerous comments concerning the proposed requirements for semi-
portable fire extinguishers took a different view. Several felt that no
extinguisher should be located in the engine room, to prevent it from
being damaged during a fire. Others stated that several small
extinguishers would be more effective than one large one. In response
to the comments we received on the issue of manual versus fixed fire
extinguishing, we have decided to reserve this section as well. It,
too, will receive further consideration in the SNPRM.
8. Fuel Shutoffs
Several comments requested that we change the requirements for fuel
shutoffs proposed in Sec. 27.340(f). Many suggested that we allow, for
new
[[Page 56262]]
vessels, remote engine shutdown instead of remote fuel shutoff. A
contrary comment recommended that we not allow the remote engine
shutdown on existing vessels and that, for effective extinguishing of
the fire, we instead require only remote fuel shutoffs in all cases.
The comments favoring remote engine shutdowns noted that, if a vessel
with multiple engines experienced an engine fire, a fuel shutoff would
disable all of the engines, reducing maneuvering flexibility. Some of
these reasoned that, if all vessels had remote engine shutdowns instead
of remote fuel shutoffs, only the affected engine would need to be
stopped, so the remaining engine could be used to safely maneuver the
vessel. Others observed that, if a diesel engine were stopped by
shutting off its fuel supply, it could not be easily restarted, and
would require a shore-based mechanic to repair. We do not agree with
the comments that a remote fuel shutoff should be optional; we agree
with the comment that one should be required on every vessel and have
changed the rule accordingly. As the preamble to the NPRM noted, a fuel
shutoff is the preferred means of protection. It allows the crew to
stop the flow of fuel into the engine room from the fuel tanks, but
need not be immediately closed. Moreover, on a vessel with multiple
engines, a fuel shutoff could be installed on the fuel line to each
engine. A remote engine shutdown, by contrast, leaves no way to stop
the flow of fuel into the engine room if a fuel line or fitting is
damaged. Fire fighting must be coordinated with the operation of the
vessel and must also be tailored to the situation as it unfolds.
Ordinarily, the master decides when to close the fuel shutoff.
Emergency maneuvering could occur when conditions allowed. In addition,
the engines could be stopped by normal means before the fuel shutoff is
operated, to help prevent complications with restart. Effective fire-
fighting will require the ability to shut off the gravity flow of fuel
into the engine room regardless of the method used to extinguish the
fire (manual or fixed). Remote engine shutdowns will not afford this
ability.
One group of comments requested that we change proposed
Sec. 27.340(f) to require the fuel shutoff only on the main engine(s).
They noted that a complete fuel shutoff would stop the auxiliary
generator, which in turn would disable the electric fire pump. Others
asked whether we would require remote fuel shutoffs for every fuel
line. Our response is yes; fires involving the main engine are not the
only hazard that we are concerned about. Auxiliary engines such as
diesel generators could also suffer fires related to fuel systems. The
proposed rule clearly stated, and this interim rule clearly states,
that any fuel line that could be subjected to internal head pressure
from fuel in a tank must be fitted with a remotely-operated positive-
shutoff valve. Several options exist for the arrangement of the valve.
The valve can be located at the main-tank discharge, upstream of any
fuel-line branches. If this valve closes, then the flow of all
combustible fuel to the engine room stops. Operators of vessels with
multiple engines or auxiliaries do not have to install single valves to
stop the flow of fuel from the main tanks; they may install multiple
valves such that selected engines can continue running during a fire,
if conditions permit.
9. Fire Axes
Several comments asked about our reasoning for requiring a fire axe
in Sec. 27.235. Fire axes are used for forcible entry and for salvage
and overhaul. A pick-headed fire axe can help open burning insulation
and lagging or storage cabinets to ensure that all local hot spots are
exposed and properly extinguished. Because the fire axe is part of the
previously proposed manual fire-fighting equipment, we have reserved
this section for further comment in the SNPRM.
10. Muster Lists
Several comments related to our proposed requirements for muster
lists. Because muster lists are an element of the proposed manual
method of fire-fighting, we have reserved this section for further
consideration in the SNPRM.
11. Drills
One comment recommended we require all licensed personnel on towing
vessels be certified as trained in fire fighting. While we agree with
this comment in principle, we do not intend to amend the proposed rule
because the benefit-cost analysis does not support such a requirement.
Further, changes to the requirements for licensing maritime personnel
are outside the scope of this rulemaking. Most persons serving on
towing vessels in inland or coastal service do not carry licenses that
require them to attend approved fire-fighting schools. Also, these
vessels operate where municipal fire departments may be available to
supplement their crews in fire fighting. Our rules require all
crewmembers to participate in monthly drills aboard their vessels.
These drills should familiarize them with the specific emergency
procedures and equipment aboard their vessels.
Several comments asked that we change proposed Sec. 27.355(c) to
let the required fire drills and instruction be given by persons
licensed as operators of uninspected towing vessels (OUTVs). We agree
with this comment and have deleted the proposed requirements that
drills be conducted by a person licensed for operation of inspected
vessels of 100 gross tons or more.
One comment expressed concerns regarding the proposed requirements
for training and drills in Sec. 27.355. The comment maintained that the
requirements would entail monthly drills on engine-room fires and
periodic training on other fire-related activities. It suggested that
the drills include practice in responding to different types of
emergencies and that training occur no more often than quarterly. We
feel that the comment has misinterpreted the proposed requirements. We
have proposed monthly drills to ensure that the crew is familiar with
its responsibilities during an emergency. The drills should help the
crew to practice locating and operating the emergency equipment. They
should also allow the crew to consider contingencies for responding to
unplanned events such as blocked access, damaged or missing equipment,
and search and rescue. The fire-fighting exercise in the engine room
(see Sec. 27.355(a)(1)) is intended to ensure crews regularly practice
this important evolution. We expect that the monthly drills will vary
to cover a variety of fires or related emergencies that could occur on
the vessel. Changes in the vessel's routes or cargoes may introduce
different scenarios or circumstances. We do not want the crew to
perform monthly drills responsive only to fires in the engine room. We
have not changed this section in response to this comment.
12. Fuel Systems
One comment suggested that the final rule cover fuel systems for
portable pumps on existing vessels. Because portable pumps are used for
manual fire-fighting, we have reserved treatment of this issue for the
SNPRM.
One person questioned the lack of a definition of a 30-by-30-mesh
flame screen in Sec. 27.340(d)(1), and noted that the proposed rule did
not specify that the screen be corrosion-resistant. We agree that a
flame screen should be corrosion-resistant and have changed this rule
accordingly. We do not agree that further explanation of the term 30-
by-30 mesh is warranted. This description of the flame screen is
[[Page 56263]]
commonly understood and is consistent with 46 CFR Subchapter F, Marine
Engineering.
Several comments noted that Sec. 27.340(c) as proposed could be
interpreted to prohibit portable fire pumps with gasoline-powered
engines. It is not our intent to prohibit the use of portable fire
pumps. Because portable pumps are used for manual fire-fighting, we
have also reserved treatment of this issue for the SNPRM.
One comment noted that Sec. 27.340(d) as proposed would require the
fitting of each fuel tank with a vent pipe connected to the highest
point of the tank and terminating on the weather deck. The comment felt
that this would prevent the operator of a towing vessel from leading a
common vent pipe from two or more fuel tanks. This is not the intent.
The individual vent pipes from several fuel tanks containing liquids in
the same class of hazards could be connected to a header that vents on
the weather deck, as long as the piping arrangements and diameters were
adequately sized to prevent overpressuring the tanks. We have revised
this paragraph to prevent confusion.
One comment asked that we clarify the proposed rule to indicate
that 46 CFR Chapter I, Subchapter F, Marine Engineering, does not apply
to towing vessels. The comment is partly correct. Subchapter F does not
apply to the vessels affected by this rulemaking--unless they use
Bunker C as a fuel source. Since this rule describes specific criteria
for the design and installation of fuel systems, it needs to include
how Bunker C is handled.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 27.340, paragraphs (b), (e) and (g), for incorporation by
reference under 5 U.S.C. 552(a) and 1 CFR part 51. The material is
available for inspection where indicated under ADDRESSES. Copies of the
material are available from the sources listed in those paragraphs.
Regulatory Evaluation
This interim 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. However, it is significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979) because of public interest
generated by the NPRM and the Office of the Secretary has reviewed it.
A Regulatory Assessment 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
Assessment follows; unless otherwise indicated, cost and benefit data
are expressed in end-of-year values for 1998 and reflect a 15-year
period of analysis.
Summary of Benefits
Measures published in this interim rule should yield a benefit-to-
cost ratio of 1.3-to-1. The benefits, in the form of avoided injuries
as well as damage to vessels and property, are approximately $31.7
million. In addition, the measures are estimated to prevent 6,065
barrels of oil pollution. The table following this paragraph
illustrates the calculation of net cost-effectiveness from total
quantifiable costs and benefits resulting from implementation of this
rule. The benefits are normalized into cost-effectiveness ratios to
reflect the cost per unit of oil pollution averted. Here's how: The
total estimated dollar cost of this rule is shown on Line (1); total
property damage and injuries averted, a benefit expressed in dollars,
is shown on Line (2) and is subtracted from total dollar costs to yield
a net cost, which is shown on Line (3); pollution averted, which is
expressed in barrels of oil not spilled, is shown on Line (4); and the
net cost from Line (3) divided by the pollution averted benefit from
Line (4) to yield an expression of cost-effectiveness expressed in
units of net discounted dollars per discounted barrels of oil not
spilled appears on the bottom line. This procedure permits us to
compare benefits from averted pollution and property damage benefits in
terms of net cost-effectiveness.
Table 1.--Fire Protection Measures for Towing Vessels: Cost
Effectiveness Expressed in 1998 Dollars per Barrel of Oil Not Spilled
------------------------------------------------------------------------
Type of benefits and costs Quantity Units
------------------------------------------------------------------------
(1) Cost of this rule......... 23,559,966 Dollars (PV).
(2) Property Damage and 31,747,815 Dollars (PV).
Injuries-averted.
(3) Net cost (1)-(2).......... -8,187,849 Dollars (PV).
(4) Pollution averted......... 6,065 Barrels of oil
unspilled (PV).
Net cost effectiveness -1,350 Dollars per barrel
(3)(4). unspilled.
------------------------------------------------------------------------
Note: Benefits, shown on lines (2) and (4), are italicized. On the
bottom line, net cost-effectiveness is underlined and represents a
common expression of different benefits quantified in unlike units of
measure. In this case, they are: Averted damage to vessels and
equipment and injuries to crewmembers, expressed in dollars; and, Oil
not spilled overboard into bodies of water, expressed in barrels of
oil not spilled.
In order to express the benefits in an expression of like units,
benefits expressed in dollars on line (2) are subtracted from the cost
of the rule expressed in dollars on line (1), resulting in the net
cost of the rule on line (3). Net cost is divided by pollution
benefits to yield an expression of net cost-effectiveness expressed in
dollars per barrel of oil not spilled. The sign (+/-) of the net cost-
effectiveness expression indicates the relationship between non-
pollution benefits and the cost of the rule. If the sign is negative,
dollar benefits exceed the cost; if it's positive, the cost of the
rule exceeds the dollar benefit component. All cost-effectiveness
ratios expressed in dollars per barrel of oil not spilled may be
compared with one-another. Smaller dollar values in the numerator,
including those with negative signs, signify greater cost-
effectiveness.
The principal benefit of this rule is protection against oil spills
and property damage that may result when a fire causes a towing vessel
to lose control over the tank barge it is towing, permitting the barge
to run aground. Quantifiable benefits accrue from averted pollution
measured in barrels of oil not spilled and averted damage to property
such as vessels and machinery, measured in dollars.
To construct the benefits analysis, the Coast Guard employed its
Marine Safety Management System (MSMS) database and underlying reports
to provide a reasonable approximation for modeling marine casualties
and pollution incidents. The model postulates that, if requirements in
this rule were not enacted, the normalized frequency and severity of
pollution and damage due to fires on towing vessels would continue at
about the same magnitude as during a representative five-year base
period--which the Coast Guard identified as 1992-1996. This period
samples the maritime environment after the Oil Pollution Act of 1990
(OPA 90); the Coast Guard considers the period long enough to capture a
representative
[[Page 56264]]
history, while short enough to be reasonably current. The Coast Guard
considered the period 1992-1997; it did not choose that time period
because reports for 1997 remain open and are too preliminary to present
a fair representation.
The Coast Guard recognized that the nature of the maritime
environment--blending people, vessels, machines, and the sea--still
might cause some of the casualties targeted by this rule after it is in
force. Accordingly, we assembled a team comprised of marine inspectors,
program analysts, and economists, who reviewed the data and individual
case files, and consulted fire-protection engineers and various
subject-matter experts with field experience. From these two efforts,
the Coast Guard identified probabilities of effectiveness for the fire-
protection requirements and for closely related proposals that are fair
and reasonable assessments of likely future performance.
The team identified 155 cases that occurred between January 1, 1992
to December 31, 1996, that involved fires on towing vessels. The Coast
Guard reviewed the casualty data and narratives for each incident.
These cases provided the pool from which it estimated the expected
benefits. Each of these cases is summarized in Appendix G of the
Regulatory Assessment (available in the docket). For all five
requirements, the Coast Guard reviewed casualty data of each case to
assess whether the casualty could have been prevented or diminished in
severity by this interim rule. Coast Guard analysts assigned an
effectiveness degree representing the extent each proposed measure
would have favorably affected each casualty case. They then tabulated
average effectiveness percentages levels for each requirement: fire
detection systems--15.4%; training and drills--12.3%; fuel shutoff
valves--12%; internal vessel communication systems--7.4%; and general
alarms--7.7%. Most cases would likely have benefited from two or more
of the measures. That is why they used a methodology, which took into
account the typical sequence in which the five requirements would come
into play during a casualty. For these cases fire-detection systems
would confer ``first tier'' benefits; internal vessel communication
systems, ``second tier'' benefits; training and drills, ``third tier''
benefits; general alarms, ``forth tier'' benefits; and fuel-shutoff
valves, ``fifth tier'' benefits. Apportioning the benefits in this way
avoids multiple counting of benefits.
The principal purposes of this rule are to avert oil pollution and
prevent damage and injuries, since they are public benefits. Our
analysis projects that, from the effective date through 2014, the
requirements implemented with this rule will result in a total
pollution benefit of about 6,065 barrels of oil (not spilled), and
total damage and injuries averted worth an estimated $31.7 million
(present value).
Summary of Costs
The towing vessel industry will bear the costs of this rule. Most
costs will occur during the two-year phase-in period following the
rule's publication date. Owners and operators of existing vessels
required to install equipment no doubt will take advantage of the
extended phase-in period as they plan for and incur onetime costs of
purchasing and installing the general alarms ($2,600), the fire-
detection systems ($2,880), the internal communication systems
($1,000), and the fuel-shutoff valves ($2,500).
For the purpose of this analysis, the Coast Guard assumes that half
of the vessels will comply with each required measure during the first
year of the phase-in period and half of the vessels will comply during
the second year.
The total cost of this rule is the sum of the costs to the towing
industry for the several requirements in the rule. The following table
lists those costs, requirement by requirement:
Table 2.--Two-year phase-in costs of the requirement due to the interim
rule on Fire Protection expressed in 1998 dollars.
------------------------------------------------------------------------
Total Cost
2-Year [includes
Requirement Initial annual
Cost recurring
costs] \1\
------------------------------------------------------------------------
General Alarm................................. $1,414,955 $1,471,894
Internal Vessel Communication................. 875,081 1,078,254
Fire Detection................................ 5,098,059 10,624,372
Fuel-Shutoff Valve............................ 7,024,151 7,279,647
Training and Drills........................... 616,534 3,105,799
------------------------------------------------------------------------
\1\ Over the period of analysis from 1999 until 2015.
During the two-year phase-in period within which existing vessels
must come into compliance, this rule is estimated to cost industry
about $15 million. Over the period of analysis (1999 until 2015), the
projected total cost is approximately $23.6M (PV).
Unfunded Mandates Reform Act
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. Under sections 202 and 205 of the UMRA, the Coast
Guard generally must prepare 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, an
analysis under the UMRA is necessary.
While several State and local governments operate some towing
vessels, the majority of affected towing vessels are owned and operated
by entities in the private sector. This interim rule does not now
directly affect tribal governments. The total burden of Federal
mandates imposed by this rule will not result in annual expenditures of
$100 million or more. Therefore, sections 202 and 205 of the UMRA do
not apply.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers the economic impact on small entities of each
rule for which a general notice of proposed rulemaking is required.
``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.
An assessment of this interim rule's impacts on small entities is
included in the regulatory assessment; it is available in the docket
for inspection or copying where indicated under ADDRESSES.
The owner of a vessel that is not in compliance with any of the
five requirements would have to spend $9,480, on average, to meet the
measures outlined in this interim rule. However, most vessels are
already in compliance with some of the measures as shown in Table 3. In
an effort to determine the average financial impact on towing vessel
owners/operators, the Coast Guard estimated the expected cost of
compliance with the interim rule. The expected cost of this rulemaking
is simply the sum of each requirement's cost weighted according to
their probabilities of occurrence. On average, towing vessel owners and
operators are expected to spend $3,306 per affected vessel to comply
with this rulemaking (Table 3).
[[Page 56265]]
Table 3.--Equipment Cost and Towing Vessel Compliance
----------------------------------------------------------------------------------------------------------------
(4)
(2) Towing (3) Towing Probability of (5) Expected
Requirement (1) Cost of vessels with vessels incurring cost cost [(1) x
equipment equipment without (% without (4) = (5)];
equipment equipment)
----------------------------------------------------------------------------------------------------------------
General Alarm................... $2,600 4,216 602 12.5 $325.00
Internal Vessel Communication... 1,000 3,850 968 20.09 200.90
Fire Detection.................. 2,880 2,982 1,835 38.08 1,096.70
Fuel Shutoff Valve.............. 2,500 1,710 3,108 64.5 1,612.50
Training and Drills............. 500 4,136 682 14.15 70.75
-------------------------------------------------------------------------------
Total....................... 9,480 16,892 7,195 .............. 3,305.85
----------------------------------------------------------------------------------------------------------------
The impact of this rule will fall primarily on the owners and
operators of towing vessels that do not already carry all of the
equipment or take all of the measures required. The rule will require
such owners and operators to purchase and install specific fire-
protection equipment. Furthermore, masters and mates of towing vessels
must be able to familiarize their crews with procedures to control and
extinguish fires on board their towing vessels. Owners and operators of
towing vessels are responsible for both inspecting their fire-fighting
equipment and systems and maintaining them in good working order. The
purpose is to decrease the probability of fires on vessels towing
barges, because they may lead to barges drifting out of control--which
could result in harm to people, pollution, and property damage.
We are establishing a two-year phase-in period for the existing
towing vessel requirements of equipment and measures. Although we
received no comments on the NPRM concerning small entities, we
recognize that a significant number of towing vessels are likely owned
and operated by small firms not dominant in the industry. The two-year
phase-in permits vessels to undergo the installation of equipment
required by this rule during normal inactive periods. They may thus
avoid incurring the extra opportunity costs of lost revenue during that
time. The long phase-in will thus permit most small entities to explore
the market, and to plan and schedule installations during normal
downtime (dockside).
The equipment required by this rule is in common use in the
industry and does not represent novel or untried technology. Some small
entities are likely to be among the majority of owners and operators
who already meet some or all of the requirements. This rule will result
in a financial burden for some of those owners and operators who must
purchase and install equipment. The costs are very low in comparison
with the replacement cost of a towing vessel, and extremely low in
comparison with the damage that could be caused by, and the liability
that could result from, an accident and resultant spill.
The crafting of this rule so that many affected vessels are already
in compliance, and the two-year phase-in period for installation of
fire-protection equipment and systems on existing vessels, provide
important accommodations to, and significant flexibility for, small
entities and others affected by this rule.
Accordingly, the Commandant certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule 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 rule will have a significant
economic impact on your business or organization, please submit
comments (see ADDRESSES) explaining why you think it qualifies and in
what way, and to what degree, this rule will affect it economically.
Assistance for Small Entities
Under 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 interim rule so that they can
better evaluate its effects on them and participate in the rulemaking.
If your small business or organization is affected by this rule and you
have questions concerning its provisions or options for compliance,
please call Mr. Randall Eberly, telephone 202-267-1861.
The Small Business and Agriculture Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were established to receive comments
from small businesses about enforcement by Federal agencies. The
Ombudsman will annually evaluate the enforcement activities and rate
each agency's responsiveness to small business. If you wish to comment
on enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-
3247).
Collection of Information
This interim rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). It
does require standard wording to appear on each general alarm bell and
flashing light. This wording is to inform crewmembers that when the
general alarm bell sounds, or the red light flashes, they should
proceed to their assigned stations. This labeling is exempt from the
Office of Management and Budget guidelines for collection and posting
of information since exact wording is provided.
Federalism
The Coast Guard has analyzed this interim rule in accordance with
the principles and criteria contained in Executive Order 12612. In the
case of any towing vessel towing a non-self-propelled tank vessel, this
rulemaking was statutorily mandated, so this rule does not require a
Federalism assessment. In the case of all other vessels to which this
rule applies, the Coast Guard has determined that this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Although the Coast Guard has determined that this rule does not
warrant the preparation of a Federalism Assessment, the rule does
preempt portions of State law regarding fire-protection measures for
towing vessels. The rule primarily concerns the design, construction,
and equipment associated with fire-protection measures for towing
vessels. Courts have long held that the Coast Guard has preemptive
regulatory authority on matters of design,
[[Page 56266]]
construction, and equipment on vessels--either where it has received a
statutory mandate to regulate, or, if the authority to regulate is
discretionary, where it has exercised this authority. [See, e.g., Kelly
v. Washington, 302 U.S. 1 (1937); Ray v. Atlantic Richfield Co. 435
U.S. 151 (1979); International Association of Independent Tanker Owners
(Intertanko) v. Locke, 148 F.3d 1053 (9th Cir. 1998) petitions for
cert. filed (U.S. Apr. 23, 1999) (No. 98-1701, 1706)]. In the case of
this rule, the statutory authorities under which the regulations are
promulgated mandate action for inspected towing vessels and any towing
vessels towing a non-self-propelled tank vessel [per 46 U.S.C.
3306(a)(3) and 4102(f)(2)], and give discretionary authority for all
other towing vessels [per 46 U.S.C. 4102(f)(1)]. Under either premise,
the preemptive impact of the Coast Guard's actions in this rulemaking
is the same.
One State, Rhode Island, has enacted regulations that this rule
preempts. Our regulations on internal communications [46 CFR 27.215 and
27.315] preempt 46 R.I. Gen. Laws, Sec. 12.5-23(d). Our regulations on
automated fire-detection systems [46 CFR 27.210 and 27.310] preempt 46
R.I. Gen. Laws, Sec. 12.5-23(e).
Since Rhode Island has indicated its willingness to accede to
Federal regulation of towing vessels under similar circumstances [see
46 R.I. Gen. Laws, Sec. 12.6-12], and since the Coast Guard knows of no
other States that have enacted similar regulations pertaining to
internal communications and fire-protection measures aboard towing
vessels, the Coast Guard expects the Federalism implications of this
rule to be minimal. However, if comments received indicate there is a
need for further preemption analysis, the Coast Guard will conduct one.
Environment
The Coast Guard considered the environmental impact of this interim
rule and concluded that under Figure 2-1, paragraphs (34) (c) and (d)
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 46 CFR Part 27
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Vessels.
For the reasons discussed in the preamble, the Coast Guard adds 46
CFR part 27 to read as follows:
PART 27--TOWING VESSELS
Subpart A--General Provisions for Fire Protection on Towing Vessel
Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.
Subpart B--Fire Protection Measures for Existing Towing Vessels
Sec.
27.200 What are the requirements for an existing towing vessel?
27.205 What are the requirements for a general alarm on an existing
towing vessel?
27.210 What are the requirements for fire detection on an existing
towing vessel?
27.215 What are the requirements for internal communication on an
existing towing vessel?
27.220 If an existing towing vessel is 24 meters (79 feet) or
longer in length, what are the requirements for fire pump, fire
main, and fire hose? [Reserved]
27.221 If an existing towing vessel is less than 24 meters (79
feet) in length, what are the requirements for fire pump and fire
hose? [Reserved]
27.225 What type of portable fire-extinguisher is required on an
existing towing vessel? [Reserved]
27.230 What are the requirements for a fuel shutoff on an existing
towing vessel?
27.235 Is a fire axe required on an existing towing vessel?
[Reserved]
27.240 What are the requirements for a muster list on an existing
towing vessel? [Reserved]
27.245 What are the requirements for the instruction, drills, and
safety orientations conducted on an existing towing vessel?
Subpart C--Fire Protection Measures for New Towing Vessels
Sec.
27.300 What are the requirements for a new towing vessel?
27.305 What are the requirements for a general alarm on a new
towing vessel?
27.310 What are the requirements for fire detection on a new towing
vessel?
27.315 What are the requirements for internal communication on a
new towing vessel?
27.320 If a new towing vessel is 24 meters (79 feet) or longer in
length, what are the requirements for fire pump, fire main, and fire
hose? [Reserved]
27.321 If a new towing vessel is less than 24 meters (79 feet) in
length, what are the requirements for fire pump and fire hose?
[Reserved]
27.325 If a new towing vessel is 24 meters (79 feet) or longer in
length, what type of fire-extinguishing equipment must it carry?
[Reserved]
27.326 If a new towing vessel is less than 24 meters (79 feet) in
length, what type of fire-extinguishing equipment must it carry?
[Reserved]
27.340 What are the requirements for a fuel system on a new towing
vessel?
27.345 Is a fire axe required on a new towing vessel? [Reserved]
27.350 What are the requirements for a muster list on a new towing
vessel? [Reserved]
27.355 What are the requirements for the instruction, drills, and
safety orientations conducted on a new towing vessel?
Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,
110 Stat. 3947); 49 CFR 1.46.
Subpart A--General Provisions for Fire Protection on Towing Vessels
Sec. 27.100 What towing vessels does this part affect?
(a) You must comply with this part if your towing vessel operates
on the navigable waters of the United States, unless your towing vessel
is described in paragraph (b) of this section.
(b) This part does not apply to you if your towing vessel is--
(1) Used solely within a limited geographic area, such as a
fleeting-area for barges or a commercial facility, or used solely for
restricted service, such as making up or breaking up larger tows;
(2) Used solely for assistance towing as defined by 46 CFR 10.103;
(3) Used solely for pollution response;
(4) Exempted by the Captain of the Port (COTP);
(5) A public vessel that is owned, or demise chartered, and
operated by the United States Government or by a government of a
foreign country; and that is not engaged in commercial service; or
(6) A foreign vessel engaged in innocent passage.
(c) If you think your towing vessel should be exempt from these
requirements for a specified route, you should submit a written request
to the appropriate COTP. The COTP will provide you with a written
response granting or denying your request. The COTP will consider the
extent to which unsafe conditions would result if your towing vessel
lost propulsion because of a fire in the engine room.
Sec. 27.101 Definitions.
As used in this part--Accommodations includes any:
(1) Messrooms.
(2) Lounges.
(3) Sitting areas.
(4) Recreation rooms.
(5) Quarters.
(6) Toilet spaces.
(7) Shower rooms.
(8) Galleys.
(9) Berthing facilities.
(10) Clothing-changing rooms.
Engine room means the enclosed area where any main-propulsion
engine is
[[Page 56267]]
located. It comprises all deck levels within that area.
Existing Towing Vessel means a towing vessel that is not a new
towing vessel.
Fixed fire-extinguishing system means a carbon-dioxide system that
satisfies 46 CFR subpart 76.15; a manually-operated clean-agent system
that satisfies NFPA 2001 and is approved by the Commandant; or a
manually-operated water-mist system that satisfies NFPA 750 and is
approved by the Commandant.
New Towing Vessel means a towing vessel the construction of which
was contracted for on or after January 18, 2000.
Operating Station means the principal steering station on the
vessel, from which the vessel is normally navigated.
Towing Vessel means a commercial vessel engaged in, or intending to
engage in, pulling, pushing, or hauling alongside, or any combination
of pulling, pushing, or hauling alongside.
We means the United States Coast Guard.
Working area means any area on the vessel where the crew could be
present while on duty and performing their assigned tasks.
You means the owner of a towing vessel, unless otherwise specified.
Sec. 27.102 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in paragraph (b) of this section, the Coast Guard
must publish notice of the change in the Federal Register and make the
material available for inspection. All approved material is so
available at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC and at the U.S. Coast Guard,
Office of Design and Engineering Standards (G-MSE), 2100 Second Street
SW., Washington DC 20593-0001 and is available from the sources
indicated in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are:
American Boat and Yacht Council (ABYC), 3069 Solomons Island
Road, Edgewater, MD 21037-1416
H-25-1986--Portable Fuel Systems for Flammable Liquids..... 27.340
H-33-1989--Diesel Fuel Systems............................. 27.340
National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269-9101
302-1989--Pleasure and Commercial Motorcraft............... 27.340
Society of Automotive Engineers (SAE), 400 Commonwealth
Drive, Warrendale, PA 15096-0001
SAE J1475-1984--Hydraulic Hose Fitting for Marine 27.340
Applications..............................................
SAE J1942-1989--Hose and Hose Assemblies for Marine 27.340
Applications..............................................
Subpart B-Fire Protection Measures for Existing Towing
Vessels
Sec. 27.200 What are the requirements for an existing towing vessel?
If your existing towing vessel operates as described in
Sec. 27.100(a), you must ensure that it complies with Secs. 27.205
through 27.245 of this part.
Sec. 27.205 What are the requirements for a general alarm on an
existing towing vessel?
(a) By October 8, 2001, you must ensure that your vessel is fitted
with a general alarm that:
(1) Has a contact maker at the operating station that can notify
persons on board in the event of an emergency.
(2) Is capable of notifying persons in any accommodation, work
space, and the engine room.
(3) In the engine room and any other area where background noise
makes a general alarm hard to hear, has a supplemental flashing red
light identified with a sign that reads:
Attention
General Alarm--When Alarm Sounds or Flashes Go to Your Station.
(4) Is tested at least once each week.
(b) You or the operator may use a public-address (PA) system or
other means of alerting all persons on your towing vessel instead of a
general alarm, if--
(1) The PA system is capable of notifying persons in any
accommodation or work space or the engine room;
(2) It is tested at least once each week;
(3) It can be activated from the operating station; and
(4) It complies with paragraph (a)(3) of this section.
Sec. 27.210 What are the requirements for fire detection on an
existing towing vessel?
By October 8, 2001, a fire-detection system must be installed on
your vessel to detect engine-room fires. You must ensure that--
(a) Detectors, control units, and fire alarms are approved under 46
CFR subpart 161.002, or are listed by an independent testing
laboratory;
(b) The system is installed, tested, and maintained per the
manufacturer's design manual;
(c) The system is arranged and installed so a fire in the engine
room automatically sets off visible and audible alarms on a control
panel at the operating station;
(d) The control panel includes--
(1) A power-available light;
(2) A visible and audible alarm for each zone;
(3) A means to silence audible alarms while maintaining indication
by visible alarm;
(4) A circuit-fault detector test-switch; and
(5) Labels for all switches and indicator lights, indicating their
functions.
(e) The system is powered from two sources, switchover from the
primary power source to the secondary source being either manual or
automatic;
(f) The system is used for no other purpose; and
(g) The system is certified by a Registered Professional Engineer,
or by a recognized classification society (under 46 CFR part 8), to
meet the criteria listed in paragraphs (a) through (f) of this section.
Sec. 27.215 What are the requirements for internal communication on an
existing towing vessel?
(a) By October 8, 2001, you must ensure that your vessel is fitted
with a communication system between the engine room and operating
station that--
(1) Is comprised of either fixed or portable equipment, such as a
sound-powered telephone, portable radios, or other reliable method of
voice communication, with a main or reserve power supply that is
independent of the electrical system on your towing vessel; and
(2) Provides two-way voice communication and calling between the
operating station and either--
(i) The engine room; or
(ii) A location immediately adjacent to an exit from the engine
room.
(b) Twin-screw vessels with operating station control for both
engines are not required to have an internal communication system.
(c) When the operating station control station and the engine room
access are within 3 meters (10 feet) of each other and allow
unobstructed visual contact between them, direct voice communication is
acceptable instead of a communication system.
[[Page 56268]]
Sec. 27.220 If an existing towing vessel is 24 meters (79 feet) or
longer in length, what are the requirements for fire pump, fire main,
and fire hose? [Reserved]
Sec. 27.221 If an existing towing vessel is less than 24 meters (79
feet) in length, what are the requirements for fire pump and fire hose?
[Reserved]
Sec. 27.225 What type of portable fire-extinguisher is required on an
existing towing vessel? [Reserved]
Sec. 27.230 What are the requirements for a fuel shutoff on an
existing towing vessel?
By October 8, 2001, you must have a remote fuel shutoff that meets
Sec. 27.340(f) installed on your vessel.
Sec. 27.235 Is a fire axe required on an existing towing vessel?
[Reserved]
Sec. 27.240 What are the requirements for a muster list on an existing
towing vessel? [Reserved]
Sec. 27.245 What are the crew-training requirements for fire
emergencies on an existing towing vessel?
By January 19, 2000, you must ensure that drills, instruction and
safety orientations that satisfy Sec. 27.355 are performed on your
vessel.
Subpart C--Fire Protection Measures for New Towing Vessels
Sec. 27.300 What are the requirements for a new towing vessel?
If your new towing vessel operates as described in Sec. 27.100(a),
then you must ensure that it complies with Secs. 27.305 through 27.355
of this part.
Sec. 27.305 What are the requirements for a general alarm on a new
towing vessel?
(a) You must ensure that your vessel is fitted with a general alarm
system that:
(1) Has a contact maker at the operating station that can notify
persons on board in the event of an emergency.
(2) Is capable of notifying persons in any accommodation, work
space, and the engine room.
(3) In the engine room and any other area where background noise
makes a general alarm hard to hear, has a supplemental flashing red
light identified with a sign that reads:
Attention
General Alarm--When Alarm Sounds or Flashes Go to Your Station.
(4) Is tested at least once each week.
(b) You or the operator may use a PA system or other means of
alerting all persons on your towing vessel instead of a general alarm,
if--
(1) The PA system is capable of notifying persons in any
accommodation or work space or the engine room;
(2) It is tested at least once each week;
(3) It can be activated from the operating station; and
(4) It complies with paragraph (a)(3) of this section.
Sec. 27.310 What are the requirements for fire detection on a new
towing vessel?
A fire-detection system must be installed on your vessel to detect
engine room fires. You must ensure that--
(a) Detectors, control units, and fire alarms are approved under 46
CFR subpart 161.002, or are listed by an independent testing
laboratory;
(b) The system is installed, tested, and maintained per the
manufacturer's design manual;
(c) The system is arranged and installed so a fire in the engine
room automatically sets off visible and audible alarms on a control
panel at the operating station;
(d) The control panel includes--
(1) A power-available light;
(2) A visible and audible alarm for each zone;
(3) A means to silence audible alarms while maintaining indication
by visible alarm;
(4) A circuit-fault detector test-switch; and
(5) Labels for all switches and indicator lights, indicating their
functions.
(e) The system is powered from two sources, switchover from the
primary power source to the secondary source being either manual or
automatic;
(f) The system is used for no other purpose; and
(g) The system is certified by a Registered Professional Engineer,
or by a recognized classification society (under 46 CFR part 8), to
meet the criteria listed in paragraphs (a) through (f) of this section.
Sec. 27.315 What are the requirements for internal communication on a
new towing vessel?
(a) You must ensure that your vessel has a communication system
between the engine room and operating station that--
(1) Is comprised of either fixed or portable equipment, such as a
sound-powered telephone, portable radios, or other reliable voice
communication method, with a main or reserve power supply that is
independent of the electrical system on your towing vessel; and
(2) Provides two-way calling and voice communication between the
operating station and either--
(i) The engine room; or
(ii) A location immediately adjacent to an exit from the engine
room.
(b) Twin-screw vessels with operating station control for both
engines are not required to have an internal communication system.
(c) When the operating station control station and the engine room
access are within 3 meters (10 feet) of each other and allow
unobstructed visual contact between them, direct voice communication is
acceptable instead of a communication system.
Sec. 27.320 If a new towing vessel is 24 meters (79 feet) or longer in
length, what are the requirements for fire pump, fire main, and fire
hose? [Reserved]
Sec. 27.321 If a new towing vessel is less than 24 meters (79 feet) in
length, what are the requirements for fire pump and fire hose?
[Reserved]
Sec. 27.325 If a new towing vessel is 24 meters (79 feet) or longer in
length, what type of fire-extinguishing equipment must it carry?
[Reserved]
Sec. 27.326 If a new towing vessel is less than 24 meters (79 feet) in
length, what type of fire-extinguishing equipment must it carry?
[Reserved]
Sec. 27.340 What are the requirements for a fuel system on a new
towing vessel?
(a) You must ensure that, except for the components of an outboard
engine or of a portable bilge pump or fire pump, each fuel system
installed on board the vessel meets the requirements of this section.
(b) Portable fuel systems. The vessel must not incorporate or carry
portable fuel systems, including portable tanks and related fuel lines
and accessories, except when used for outboard engines or when
permanently attached to portable equipment such as portable bilge or
fire pumps. The design, construction, and stowage of portable tanks and
related fuel lines and accessories must meet the requirements of ABYC
H-25 (incorporated by reference at Sec. 27.102(b)).
(c) Fuel restrictions. Neither you nor the operator may use fuel
other than bunker C or diesel, except for outboard engines, or where
otherwise accepted by the Commandant (G-MSE). An installation that uses
bunker C must comply with the requirements of subchapter F of this
chapter.
(d) Vent pipes for integral fuel tanks. Each integral fuel tank
must meet the requirements of this paragraph as follows:
(1) Each fuel tank must have a vent system that connects to the
highest point of the tank and discharges on a weather deck through a
bend of 3.14 radians (180 degrees) fitted with a 30-by-30 mesh
corrosion-resistant flame screen;
[[Page 56269]]
(2) The net cross-sectional area of the vent pipe for the tank must
be--
(i) Not less than 312.3 square millimeters (0.484 square inches),
or
(ii) Not less than that of the fill pipe when provision is made to
fill a tank under pressure.
(e) Fuel piping. Except as permitted in paragraphs (e)(1) and (2)
of this section, each fuel line must be seamless and made of steel,
annealed copper, nickel-copper, or copper-nickel. Each fuel line must
have a wall thickness of not less than 0.9 millimeters (0.035 inch)
except that--
(1) Aluminum piping is acceptable on an aluminum-hull vessel if it
is installed outside the engine room and is at least Schedule 80 in
thickness; and
(2) Nonmetallic flexible hose is acceptable if it--
(i) Is used in lengths of not more than 0.76 meters (30 inches);
(ii) Is visible and easily accessible;
(iii) Does not penetrate a watertight bulkhead;
(iv) Is fabricated with an inner tube and a cover of synthetic
rubber or other suitable material reinforced with wire braid; and
(v) Either--
(A) If it is designed for use with compression fittings, is fitted
with suitable, corrosion-resistant, compression fittings, or fittings
compliant with SAE J1475 (incorporated by reference at Sec. 27.102(b));
or
(B) If it is designed for use with clamps, is installed with two
clamps at each end of the hose. Clamps must not rely on spring tension
and must be installed beyond the bead or flare or over the serrations
of the mating spud, pipe, or hose fitting. Installations complying with
SAE J1475 are also acceptable.
(3) Nonmetallic flexible hose is also acceptable if it complies
with SAE J1942 (incorporated by reference at Sec. 27.102(b)).
(f) A fuel line subject to internal head pressure from fuel in the
tank must be fitted with a positive shutoff valve, located at the tank
and operable from a safe place outside the space in which the valve is
located.
(g) A new towing vessel less than 24 meters (79 feet) in length may
comply with any of the following standards for fuel systems instead of
the requirements of paragraph (e) of this section:
(1) ABYC H-33 (incorporated by reference at Sec. 27.102(b)).
(2) Chapter 5 of NFPA 302 (incorporated by reference at
Sec. 27.102(b)).
(3) 33 CFR Chapter I, subchapter S (Boating Safety).
Sec. 27.345 Is a fire axe required on a new towing vessel? [Reserved]
Sec. 27.350 What are the requirements for a muster list on a new
towing vessel? [Reserved]
Sec. 27.355 What are the requirements for instruction, drills, and
safety orientations conducted on a new towing vessel?
(a) Drills and instruction. The master or person in charge of a
vessel must ensure that each crewmember participates in drills and
receives instruction at least once each month. The instruction may
coincide with the drills, but need not. It must ensure that all
crewmembers are familiar with their fire-fighting duties, and
specifically, the following contingencies:
(1) Fighting a fire in the engine room and other locations on board
the vessel, including how to--
(i) Operate all of the fire-extinguishing equipment on board the
vessel;
(ii) Stop the mechanical ventilation system for the engine room if
provided, and effectively seal all natural openings to the space to
prevent leakage of the extinguishing agent; and
(iii) Operate the fuel shutoff for the engine room.
(2) Activating the general alarm.
(3) Reporting inoperative alarm systems and fire-detection systems.
(4) Putting on a fireman's outfit and a self-contained breathing
apparatus, if the vessel is so equipped.
(b) Alternative form of instruction. The master or person in charge
of a vessel may substitute, for the requirement of instruction in
paragraph (a) of this section, the viewing of videotapes concerning at
least the contingencies listed in paragraph (a), followed by a
discussion led by someone familiar with these contingencies. This
instruction may occur either on or off the vessel.
(c) Participation in drills. Drills must take place on board the
vessel, as if there were an actual emergency. They must include--
(1) Participation by all crewmembers;
(2) Breaking out and using emergency equipment;
(3) Testing of all alarm and detection systems; and
(4) At least one person putting on protective clothing, if the
vessel is so equipped.
(d) Safety orientation. The master or person in charge of a vessel
must ensure that each crewmember who has not received the instruction
and has not participated in the drills required by paragraph (a) of
this section receives a safety orientation before the vessel gets
underway.
(e) The safety orientation must cover the specific contingencies
listed in paragraph (a) of this section.
Dated: October 4, 1999.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Acting Commandant
[FR Doc. 99-26848 Filed 10-18-99; 8:45 am]
BILLING CODE 4910-15-U
