98-29245. Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan  

  • [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]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    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.
    
    -----------------------------------------------------------------------
    
    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:
    
    BILLING CODE 4910-15-U
    
    [[Page 58683]]
    
    [GRAPHIC] [TIFF OMITTED] TP02NO98.277
    
    
    
    BILLING CODE 4910-15-C
    
    [[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
    
    
    

Document Information

Published:
11/02/1998
Department:
Coast Guard
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
98-29245
Dates:
Comments must reach the Coast Guard on or before January 4, 1999.
Pages:
58679-58685 (7 pages)
Docket Numbers:
USCG 1998-4623
RINs:
2115-AF38: Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (USCG-1998-4623)
RIN Links:
https://www.federalregister.gov/regulations/2115-AF38/limited-service-domestic-voyage-load-lines-for-river-barges-on-lake-michigan-uscg-1998-4623-
PDF File:
98-29245.pdf
CFR: (13)
46 CFR 45.171
46 CFR 45.173
46 CFR 45.175
46 CFR 45.177
46 CFR 45.179
More ...