[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 35064-35076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16892]
[[Page 35063]]
_______________________________________________________________________
Part VIII
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 164
Navigation Safety Equipment for Towing Vessels; Final Rule
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules
and Regulations
[[Page 35064]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 164
[CGD 94-020]
RIN 2115-AE91
Navigation Safety Equipment for Towing Vessels
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard here requires that towing vessels carry and
properly use equipment such as radars, compasses, marine charts or
maps, and publications and that they carefully choose, inspect, and
maintain towlines. This final rule is necessary as part of a
comprehensive initiative to improve navigational safety for towing
vessels. The purpose of requiring navigational-safety equipment on
towing vessels is to help prevent another catastrophic train wreck such
as that of the Sunset Limited in Alabama during September, 1993, and
another spill such as that off Puerto Rico during January, 1994.
DATES: This rule is effective on August 2, 1996. The Director of the
Federal Register approves as of August 2, 1996 the incorporation by
reference of certain publications listed in this rule.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. Edward LaRue, Navigation Rules
Division (G-MOV-3), (202) 267-0416, or LCDR Suzanne Englebert, Project
Development Division (G-MSR-2), Office of Marine Safety and
Environmental Protection, (202) 267-6490.
SUPPLEMENTARY INFORMATION:
Regulatory History
Soon after the fatal accident on September 22, 1993, near Mobile,
Alabama, in which a barge collided with a railroad bridge and caused
the Sunset Limited to plunge into a bayou, the Secretary of
Transportation directed that the Coast Guard and the Federal Railroad
Administration review the circumstances of the accident and undertake
initiatives to minimize the risk of any similar tragedy in the future.
A detailed review of marine-safety issues related to uninspected towing
vessels appears in the notice of proposed rulemaking (NPRM) entitled
``Navigation Safety Equipment for Towing Vessels'' published on
November 3, 1995 (60 FR 55890).
This final rule constitutes part of a comprehensive initiative by
the Coast Guard to improve navigational safety for towing vessels.
While other regulatory efforts are concentrating on reporting of
casualties, on licensing, and on training on radar, this rule helps
ensure that the mariner piloting a towing vessel has adequate equipment
to safely navigate the waters being transited. It will impose the
following: (1) Requirements for carriage of radars, searchlights,
radios, compasses, swing-meters, echo depth-sounding devices,
electronic position-fixing devices, marine charts or maps, and
publications; (2) requirements for proper use of this navigational
equipment; (3) requirements for maintenance, inspection, and
serviceability of towlines, towing gear, and terminal gear; and (4)
general requirements for navigational safety.
Thirty-seven letters were received in response to the NPRM. The
Coast Guard has considered all of the comments and, in some instances,
revised the proposed rule as appropriate. One comment requested that a
public meeting be held. The Coast Guard determined that a public
meeting was unnecessary for this rulemaking because the comments
received were substantive and represented all aspects of both the
industry and the public. The other comments have been grouped by issue
and are discussed as follows:
Discussion of Comments and Changes
1. General
Seven comments supported and applauded the Coast Guard in its
efforts to improve safety in the towing industry. The Coast Guard
acknowledges and appreciates these comments.
One comment recommended that the Coast Guard verify the
availability of radar standards from the Radio Technical Commission for
Maritime Services (RTCM). The comment claimed either that the standards
are unavailable or that the RTCM is exhibiting an unwillingness to
provide them. The Coast Guard verified that the standards are readily
available from the RTCM.
One comment recommended that the term ``gear'' in Sec. 164.80(a) be
defined because it may be confused with ``terminal gear.'' The Coast
Guard reviewed Sec. 164.80(a) and does not agree that the two terms
will be confused, because ``gear'' as used in paragraph (a) is a
general term for the equipment and systems to be inspected onboard the
vessel and is further qualified in the subordinate, numbered
paragraphs.
One comment stated that the term ``rivers and Western Rivers'' as
used in paragraph 2 of the Discussion of Proposed Rules of the preamble
was confusing. The comment also noted that the proposed rule expanded
the definition of ``Western Rivers'' to include waters not covered for
purposes of the Inland Navigation Rules. The comment recommended that
the definition of ``other designated waterways'' be consistent with
that in 33 CFR 89.25. The Coast Guard agrees and has removed the term
``river'' from the definitions in Sec. 164.70. The Coast Guard has also
expanded the definition of ``Western Rivers'' to include all waters
specified by Secs. 89.25 and 89.27, and has added the words ``and such
other, similar waters as are designated by the COTP.''
Four comments recommended that the definition of river include the
Gulf Intracoastal Waterway (GIWW). By including all waters specified by
Secs. 89.25 and 89.27 in the definition of ``Western Rivers'', the
Coast Guard has included the GIWW. This change should eliminate any
confusion over the applicability of this rule on the GIWW.
One comment commended the Coast Guard for its efforts to exempt
vessels engaged in assistance towing. The Coast Guard acknowledges and
appreciate this comment.
Four comments noted the vast differences between the marine-
assistance industry and the tug and barge industry. They also stated
that few marine-assistance firms' vessels would meet the criteria for
exclusion offered by the Coast Guard. They recommended that the
applicability of this final rule be changed from towing vessels of 8
meters (26.25 feet) or more in length to towing vessels of 12 meters
(39.4 feet) or more in length. The Coast Guard, knowing and
understanding the differences between the marine-assistance and the tug
and barge industries, asked its Towing Safety Advisory Committee (TSAC)
to research the possibility of a regulatory threshold based on a risk
analysis. A risk analysis was done by a TSAC working group; after
reviewing the analysis, which was in turn based on both historical data
and analysis of forces, the Coast Guard agrees with the comments and
has applied this rule only to towing vessels of 12 meters (39.4 feet)
or more in length rather than to those of 8 meters (26.25 feet) or more
in length. This analysis by TSAC is
[[Page 35065]]
available in the docket, as described earlier in this preamble. This
change should exempt the vast majority of vessels engaged in the
marine-assistance industry from the requirements of this rule.
Four comments proposed that Sec. 164.01(b)(2) contain a definition
for a disabled vessel as follows: ``Disabled vessel means a vessel that
is in need of assistance, whether docked, underway, aground, sunk or
abandoned. Disabled vessel does not include a barge or any vessel
[that] is not regularly operated under its own power.'' The comments
assert that, if this definition is accepted, then any comments by
marine-assistance firms become academic since marine-assistance vessels
will no longer as affected by this final rule. This rule, especially
since the Coast Guard has changed the length of affected vessels from 8
to 12 meters, exempts the bulk of vessels engaged in marine
assistance--helping people in disabled vessels on rivers, bays, or
oceans. However, the Coast Guard must be careful not to exempt vessels
that are performing commercial towing, even if the vessels are owned or
operated by marine-assistance firms. The Coast Guard does not accept
the four comments' definition of ``disabled vessel'' and has not
amended the rule in the recommended manner.
Four comments concerned exemptions. Two recommended extending the
proposed exemptions in Sec. 164.01 to small, private work boats or tow
boats involved in limited towing inside a limited geographical area, as
other exemptions extend to work boats operating in fleeting areas and
shipyards. A third recommended that the COTP be able to exempt vessels
under certain traffic conditions and in restricted operating areas. The
fourth recommended that the Coast Guard devise a method for exemption
using speed and draft because of the differences in speeds and drafts
between assistance vessels and tugs and pushboats. Seven comments
recommended adding provision to Sec. 164.01 specifying that the
responsibility for determining applicability of an exemption besides
with the COTP. In addition, they recommended a formal process to
request a waiver. While it would be impossible to cover every possible
exemption scenario, the Coast Guard agrees that an exemption process
should be established and that the final exemption authority should
rest with the COTP. The Coast Guard has amended Sec. 164.01 to specify
the availability of exemptions, the process to request them, and the
final granting authority of the COTP. The COTP will base the decision
for exemption on such things as routes, traffic, and capabilities of
vessels.
One comment raised the issue of moving an exempted vessel from one
fleeting area to another. The comment asked whether permission would be
needed and, if so, how it would be obtained and whether it would have
to be reverified with the new COTP for any different fleeting area.
After review, the Coast Guard does not see the need to grant permission
for an exempted vessel to move from one fleeting area to another if it
is not engaged in towing, but it does see the need to reverify the
exemption if the fleeting area is in a different COTP zone. In any
case, the owner, master, or operator of a towing vessel engaged in
towing from one fleeting area to another would have to request an
exemption in accordance with Sec. 164.01(b)(4) of this final rule.
Three comments recommended that towing vessels covered by this
final rule become inspected vessels. They also recommended that all
towing gear on these vessels be inspected by the Coast Guard or an
approved classification (``class'') society. They recognized the time
and financial constraints of annual boardings and recommended that
towing vessels obtain certificates of inspection from entities such as
approved class societies or from the National Association of Marine
Surveyors. They also recommended that an initial exam occur within 24
months of the effective date of the rule and that the certificate be
renewed every five years thereafter. Inspection of towing vessels has
been studied by the Coast Guard and is outside the scope of this
rulemaking.
One comment recommended that Sec. 164.01 be modified to exempt
vessels used in response-related activities, including training, as
well as vessels of opportunity, such as fishing vessels engaged in
those activities. The comment continued that an exemption should not
apply to those vessels actually engaged in traditional towing
activities but only to those vessels used solely in oil-spill response.
The Coast Guard agrees and has amended Sec. 164.01 so it exempts
vessels used solely for pollution response.
One comment alleged delay in the rulemaking. It held the neglect of
the Coast Guard, as it thought, representative of the discharge of its
responsibilities in support of the Oil Pollution Act of 1990 (OPA 90)
and urged the Coast Guard to quickly institute this final rule. The
Coast Guard notes that this rulemaking allowed for early and meaningful
public participation in its development.
Six comments stated that Coast Guard rules pertaining to towing
vessels, now on the books, already provide navigational safety when
properly enforced and followed. They also stated that more rules do not
guarantee additional safety or prevention of accidents, especially in
instances of major neglect by operators of towing vessels. Until now,
few and minimal rules have applied to towing vessels 12 meters in
length or over. This final rule is based in large measure on the
general industry standard of care and sets a reasonable threshold
consistent with this standard. This rule should raise the performance,
of the few owners and operators who are hazardous, to that standard of
care.
One comment questioned the Coast Guard's ability to enforce its
rules. This final rule requires towboats to carry certain equipment and
gear that usually are permanently installed. The Coast Guard
anticipates that the verification of onboard, operational equipment and
appropriately maintained gear will be achievable.
2. Carriage of navigational equipment
a. Radar
Two comments noted that proposed Sec. 164.01(b)(1) may conflict
with Sec. 165.803(m)(2)(i), which requires radar-equipped fleeting
boats, and with Sec. 165.803(m)(2)(v), which requires continuous radar
surveillance during periods of restricted visibility. The Coast Guard
finds no conflict. A vessel that may not be required, under
Sec. 164.01(b)(1), to carry radar, may nonetheless be required, under
Sec. 165.803(m)(2), to carry radar when engaged in the activities
described there.
Two comments recommended that the Coast Guard establish very
limited local areas where towing would be permitted without radar-
equipped towboats; this should prevent non-radar-equipped fleeting
vessels from traveling large distances. The Coast Guard agrees that
towing without radar should be conducted only within a company's
fleeting area. Any other type of operations should be referred to the
COTP for approval or exemption, if applicable.
Six comments concurred with radar as required equipment, yet
expressed opposition to the development of minimum performance
standards by a third-party technical organization. They recommended
that the Coast Guard develop the standards with assistance of
representatives from towing companies.
[[Page 35066]]
The RTCM, which developed radar standards, consists of members from
industry, government, and manufacturers. The Coast Guard did
participate in the development of the radar standards and maintains
that the standards are reasonable.
One comment concurred with the radar requirement, but raised
concerns about radar's being on harbor boats because of limited space
in the pilot house, excessive vibration, and the constant facing and
unfacing of tows. Harbor operations may qualify for an exemption that
can be granted by the COTP. Masters, owners, and operators may present
their particular operations to the COTP to consider for exemption.
Three comments supported the radar requirement, but recommended
that it be for two marine radars. They also recommended that the grace
period be reduced from 96 to 48 hours before notice to the COTP of the
lack of an operating radar. The Coast Guard disagrees. On smaller
vessels there may not be enough room for two radar consoles and their
antennas. For some operations, it may also be cost-prohibitive. The
Coast Guard has determined that a grace period of 96 hours is generous
while it still secures safety.
One comment recommended that for an owner or operator of an
existing radar some means of determining whether the existing radar
conforms to RTCM standards needs to be developed. No formal certificate
or sticker is affixed to the radar. The comment asked whether the Coast
Guard would develop a list of approved radars, and recommended a list
and some type of labelling requirement. Once the RTCM standards are
referred to in this final rule, manufacturers will market radars that
meet them. Manufacturers' self-certification is presently used
successfully with regard to performance standards adopted by the
International Maritime Organization (IMO). The deferred effective dates
should provide enough time to determine whether an existing radar meets
standards, and the Coast Guard expects lists of standards to be
developed by various interested parties.
Two comments recommended reducing the grace period for having a
radar that meets the display and stabilization requirements. One
recommended from 5 to 3 years; the other recommended from 4 to 2 years.
The Coast Guard has not implemented either of these timelines, because
an accelerated implementation could put too much of an economic burden
on owners or operators with small businesses. In addition, radar
manufacturers need time to gear up to RTCM standards.
b. Searchlight
Three comments supported a requirement for a searchlight. Two
recommended that the language in Sec. 164.72(a)(2) better define the
searchlight's capability. One called for an effective beam of twice the
length of the tow; the other called for an effective beam of three to
four times the length of the tow. The Coast Guard agrees with a better
defined capability for the searchlight and has amended
Sec. 164.72(a)(2) to indicate a capability of illuminating objects at a
distance of at least two times the length of the tow. For vessels
towing astern, this requirement should be met for the length of tow
used during transits on waters subject to Inland Navigation Rules.
c. Radios
Two comments supported a requirement for radios. They also
supported a requirement for either a backup power source for a
permanently installed radio or a separate, portable, battery-powered
VHF-FM marine radio with a capability of 24-hour continuous use. The
Coast Guard notes the support; however, technical requirements such as
those relating to power source are established by the Federal
Communications Commission (FCC).
Three comments observed that in April, 1992, the FCC lifted the
requirement that vessel captains and operators must have Restricted
Radiotelephone operators' permits. The comments questioned whether
Sec. 164.72(a)(3) is incompatible with the FCC ruling. The Coast Guard
verified with the FCC that the lifting of the requirement affected only
noncompulsory vessels (those not required by convention, statute, or
regulation to have ship radio-station licenses). This final rule still
supports the requirement to have Restricted Radiotelephone operators'
permits.
d. Compasses and Swing-meters
Three comments took exception to vessels' not being able to carry a
fluxgate compass in lieu of a magnetic compass. They pointed out that
some tugs cannot use a card-type magnetic compass, because of the
magnetic field in the pilot house due to electric welding. They noted
that a fluxgate compass is approximately 1/20th the cost of a
gyrocompass. They challenged the reasoning of disallowing a fluxgate
compass because it requires an external power source. They stated that
most card-type compasses have light bulbs for night use and that other
navigational equipment, such as Long Range Aid to Navigation (LORAN) or
Global Positioning System (GPS), need external power. The Coast Guard
notes the exception, yet will not allow the substituting of a fluxgate
compass for a magnetic one in this final rule. The fluxgate compass
requires power to operate; a magnetic compass does not, and can be
viewed with a flashlight should the vessel experience a power failure.
One comment wanted to know whether the Coast Guard was going to
adopt ``standards'' for swing-meters. At the present time, the Coast
Guard does not see the need to adopt ``standards'' for swing-meters.
Two comments supported a requirement for a magnetic compass, but
also wanted a requirement for a gyrocompass equipped with an audible
course-change indicator; they also recommended that both requirements
cover towing vessels on Western Rivers as well as on all other waters.
The Coast Guard does not agree with the requirement of a gyrocompass on
all tug boats operating on all navigable waters of the U.S. It has set
a swing-meter or magnetic compass as the minimum because either is
cost-effective for all operators including small companies.
Two comments recommended that towing vessels pushing ahead and
operating on Western Rivers be equipped with an audible swing-meter;
this would be in addition to, not instead of, the magnetic compass
proposed in Sec. 164.72(a)(4)(i). The Coast Guard disagrees with the
recommendation. One or the other should be more than sufficient to aid
the vessel in its operations.
One comment recommended that Sec. 164.72(a)(4) be modified, to
allow a gyroscope. The Coast Guard has not set a gyroscope as an
equivalent to a magnetic compass, because a gyroscope relies on an
outside power source.
One comment opposed the requirement because a compass or swing-
meter would not aid a harbor boat working in a small harbor or a
fleeting area. Note that this final rule lets a vessel owner or
operator seek from the COTP an exemption from this requirement.
e. Echo Depth-Sounding Device
Three comments supported the requirement. Two recommended
compliance within 1 year from the effective date of this final rule;
the other recommended compliance within 2 years. One comment also
recommended the installation of two sounding devices. The Coast Guard
disagrees with bringing
[[Page 35067]]
compliance forward from 5 years to 1 year. It notes that, while taken
individually navigation equipment is relatively inexpensive, taken
cumulatively the costs are not negligible. The 5-year implementation
schedule is intended to lessen the impact of multiple requirements. The
Coast Guard agrees that in some circumstances two sounding devices may
be desirable; in general, however, one should give the operator or
master adequate depth information.
Five comments disagreed with exempting tows on Western Rivers from
having sounding devices; they stated there should be no exemptions. One
of the five also stated that, at a minimum, sounding devices should be
installed on vessels that move environmentally threatening cargoes. The
Coast Guard holds that depth sounders are not so useful in pooled water
as they are in open water where depths vary greatly. On towboats
pushing ahead, they would be located too far aft to provide even a
last-minute warning of shallow water. The Coast Guard has maintained
the exemption as proposed.
One comment disagreed that a sounding device should be placed on
every towing vessel. It recommended that ship-docking tugs operating in
harbors, lakes, rivers, and bays be exempted from the requirement.
Again, the owner or operator of a vessel may seek an exemption from
this requirement.
f. Electronic Position-Fixing Device
No comments concerned the requirement for an electronic position-
fixing device.
g. Marine Charts or Maps
One comment recommended that the words ``reasonably available''
remain in the definition of ``currently corrected.'' This would allow
for a delay in the entry of corrections because of late receipt of
Notices to Mariners (NTMs). The Coast Guard agrees, and the wording
remains.
Three comments recommended that Sec. 164.72(b)(1) require the
carriage of current or currently corrected charts or maps and that, to
this end, the definition for ``currently corrected'' change. The Coast
Guard agrees with the concept of allowing either current editions or
currently corrected editions of charts and maps; however, it has
achieved this end without amending the definition.
Three comments recommended that Sec. 164.72(b)(2) refer to NTMs,
but not to Local Notices to Mariners (LNMs), because of the
impossibility of ensuring delivery of LNMs. The Coast Guard partially
agrees and has cast the final rule to include NTMs published by the
Defense Mapping Agency. LNMs have remained because they are available
for Western Rivers.
One comment recommended that a towing vessel on the Western Rivers
be authorized to carry either a current edition of, or a currently
corrected, river map from the U.S. Army Corps of Engineers (ACOE). It
also recommended creating a new definition for ``currently corrected'',
which would apply to Western Rivers and allow currently corrected
charts to be used up to 5 years after their date of publication. The
Coast Guard agrees and has amended the definition of ``currently
corrected'' to include current editions of ACOE river maps and
currently corrected editions provided it has not been over 5 years
since their publication.
One comment recommended that Sec. 164.72(b)(1)(i) be revised to
reflect that ``All towing vessels, both inland and seagoing, are
required * * *.'' This section already covers ``each towing vessel.''
The only variation allowed is in Sec. 164.72(b)(1)(ii), which
accommodates different routes.
One comment suggested that other sources of charts or maps, such as
chartbooks published by State authorities or commercial publishers, be
approved. The Coast Guard disagrees. Although these charts or maps may
be updated annually, they conform to no hydrographic standard and
therefore are not recognized by the Coast Guard as legal charts. In
addition, these charts are usually advertised as ``not for
navigation.''
Six comments opposed requiring towing vessels to be equipped with
charts or maps that both are published by the National Ocean Service
(NOS), the ACOE, or another authority and are either current editions
or currently corrected charts or maps. They argued that, for lack of
funding to the NOS, U.S. waterways are not regularly charted or mapped
and stated that it is therefore unrealistic to require current editions
or currently corrected charts or maps. They further recommended that
the rule should include British Admiralty Charts as a possible
alternative. NOS procures excellent nautical products, and the Coast
Guard will continue to require their use. However, the Coast Guard also
recognizes that there are charts produced by foreign governments of
U.S. waters, such as British Admiralty charts, that are legally
sufficient and could be acceptable alternatives. The Coast Guard has
amended the rule as proposed to include charts published by a foreign
government that will make safe navigation possible, that are based on
hydrographic standards similar to those used by NOS, and that are
applicable to a vessel's transit.
One comment did not support the requirement of a chart or map and
felt it an excessive burden on those vessels that work in the same
operating area. The Coast Guard does not agree. Vessels are required
only to have charts or maps for their areas of operation, so the number
of charts or maps to maintain should be minimal: the smaller the area,
the fewer the charts or maps. The local information these charts or
maps provide to operate is valuable and should assist them in
verification of their position along their voyages.
h. Publications
One comment noted that proposed Sec. 164.72(b)(3) restated the
requirement of 33 CFR 88.05 that self-propelled vessels of 12 meters or
more must have on board and maintain for ready reference a copy of the
Inland Navigation Rules. It recommended that this section be removed.
The Coast Guard agrees, and it does not appear in this final rule.
Two comments disagreed with the selection of nautical publications
that the proposed rule would have required to be on board. They stated
that some, such as NTMs, were good but did not need to be physically on
board. They also felt that the Coast Pilot was of little use to a
captain in local waters; the captain's ``local knowledge'' was of far
greater value. It is not the intent of the Coast Guard that a vessel
maintain a huge library of nautical publications. Rather, the Coast
Guard is requiring those publications that most prudent mariners would
retain on board their vessels. The final rule also provides that
latitude for an owner or operator to have only those publications or
extracts from publications for the area(s) to be transited. The number
of publications or extracts required to be on board is minimal, and
should not be a burden to the owner or operator; and the publications
or extracts do provide valuable port-specific information.
3. Proper Use of Navigational Equipment
Two comments recommended that the tug and barge industry adopt a
system where three qualified watchstanders or operators are always on
board. Two others also recommended that on all towing vessels,
especially on those on oceangoing and coastwise transits, at least one
crewmember be a licensed engineer. These are manning issues not within
the scope of this rulemaking.
Three comments recommended that the licensing system be
restructured
[[Page 35068]]
similar to that for vessels of unlimited tonnage, so that an individual
would have to serve as a mate before becoming a master on tugs greater
than 8 meters. Two other comments strongly recommended that training
standards be incorporated either into the navigational sections of the
final rule or into a new section in part 164. The Coast Guard has
published an NPRM entitled, ``Licensing and Manning for Officers of
Towing Vessels'' (61 FR 31332, June 19, 1996) and invites comments to
that docket on these issues.
One comment recommended that, when in pilotage waters, all tank
barges that are over a certain minimum (1,000 tons) and are subject to
Federal jurisdiction have to be under the direction and control of a
pilot holding a Federal license or pilotage endorsement for the waters
being traversed. It further recommended that this requirement include
the towing vessels propelling these barges. The placement of pilots in
charge of barges and onboard tugs is another issue of manning not
within the scope of this rulemaking.
4. Maintenance, Inspection, and Serviceability of Towlines and Terminal
Gear
Two comments recommended that the responsibility for towing gear
used in pushing ahead or towing alongside belong to just one party, the
master or the operator. They stated that not making the master or the
operator solely responsible might cause some decision between the owner
and either the master or the operator, or result in no one's being
responsible. The Coast Guard disagrees. As for vessels towing astern,
for vessels towing alongside or pushing ahead the owner is included
with the master or operator so that the responsibility is ``several'':
Rests on each. If the owner and the master or operator are the same,
then the responsibility rests on one individual. If a company owns a
fleet, then it is appropriate that the company have adequate
maintenance policies and appropriately empower the master or operator
to ensure the requirements are met. In this way, all parties have a
share of the responsibility for failing to meet the requirements--one
for liability, either or both of the others for their licenses.
Two comments recommended that every owner of a towing vessel be
required to have a prescribed Preventive Maintenance System (PMS) for
all towing gear; this PMS should include maintenance and inspection
schedules and a supply system that provides spare parts. In this final
rule the Coast Guard has outlined minimum factors for proper
maintenance. The owner should base each vessel's PMS on the owner's
experience and expertise and on the manufacturers' recommendations and
suggestions rather than use one prescribed by the Coast Guard.
Two comments recommended that this final rule direct the carriage
aboard the towing vessel of manufacturers' maintenance requirements and
wear specifications for towlines. The Coast Guard agrees with TSAC that
the requirements and specifications can be located in a company office,
at a repair facility, or on the vessel, and deems it appropriate to
allow this flexibility.
Four comments recommended that the Coast Guard specify sizes for
towing wires. Two recommended that it establish minimum standards to
ensure that the size of the wire, the bollard pull of the tug, and the
maneuverability of the tug and tow are properly matched. Two others
recommended that Sec. 164.74(a)(1) include graphs or tables to assist
the master, owner, or operator in determining minimum breaking strength
of a towline and that these graphs or tables be guidelines, not minimum
standards. The Coast Guard has determined that manufacturers' published
specifications should provide the owner, master, or operator with the
information needed to properly determine a towline's strength and
appropriate use. The towing industry is diverse, operating in many
different environments. By not specifying sizes, the Coast Guard has
provided a flexible format to allow companies to assess their
operations and choose their towlines appropriately.
Two comments recommended that every towing vessel operating on
oceans or coastwise be required to have an emergency tow wire and that
this rule prescribe its maintenance and repair. The Coast Guard
disagrees. 33 CFR part 155 already requires emergency towlines aboard
large oil barges; but duplicate towlines now appear unnecessary aboard
most barges, since the competent repair of most towlines, at sea, is
feasible. By recognizing and dictating the minimum acceptable repair,
Sec. 164.74(a)(2) should avoid incompetent repair such as that which
caused the grounding of the T/B MORRIS J. BERMAN and yet also avoid the
costly alternative of requiring duplicate towlines.
One comment felt that it would be difficult, if not impossible, to
keep records on towlines. Two recommended that the reference to ``shock
loading'' in proposed Sec. 164.74(a)(3)(iv)(C) be eliminated because
the phenomenon is difficult to define or quantify. All three also asked
whether this provision would require a monitor of tow-wire tension with
data-recording capability. The Coast Guard has reviewed the recording
requirements and, with the exception of that on shock loading, finds
them to be reasonable and valuable for the assessment of the towline's
history. It never intended to require monitors of tow-wire tension, and
it has removed the reference to shock loading.
One comment recommended that Sec. 164.74(a)(3)(iv)(G) be revised to
read ``Results of a tensile test taken to confirm the residual strength
of the towline, if necessary.'' The comment noted that tensile testing
is an integral component of towline inspection and maintenance. But an
operator may just as well determine that a towline or segment of
towline must be removed without conducting a tensile test: It should
not be implied that a tensile test must be conducted in every instance.
The Coast Guard concurs and, although it has not adopted the suggested
wording, in this final rule has revised the proposed wording.
Two comments recommended that the Coast Guard clarify the
applicability to terminal gear of Sec. 164.74(b)(4), which would have
required a method for emergency release of towlines. One stated that
the final rule should clarify whether this wording applies to synthetic
towlines or towlines employed without a winch and should also specify
whether the winch-brake requirement of Sec. 164.74(b)(7) will satisfy
the requirement of paragraph (b)(4) for a tugboat outfitted with a tow
winch. The Coast Guard has clarified the release requirement by
removing the term ``emergency.'' This requirement is intended to ensure
some manner of safety disengaging the towline. If a vessel has a winch,
letting the cable run off the drum will be acceptable. If a vessel uses
synthetic line, an axe will be acceptable provided there is a protected
area where the person can stand while releasing the line. The winch-
brake requirement is separate from this releasing requirement: It
ensures that winch speed can be controlled, even if power is lost.
Two comments recommended that the towing-gear standards be more
stringent than proposed. They considered the wording in Sec. 164,74 too
ambiguous, especially the term ``appropriate.'' They recommended that
what is appropriate should be some standard such as the AWO
Responsibile Carrier Program, the U.S. Navy Standards, or some
manufacturers' recommendations. They urged that to be valid the final
rule should incorporate specific standards by reference or spell them
out. The Coast
[[Page 35069]]
Guard has not made this rule more specific than proposed, because it
applies to a diverse industry and because no current standards
adequately address every towing-vessel arrangement. The Coast Guard has
allowed the owners and operators the flexibility of developing their
own maintenance standards, but has outlined specific, minimal criteria
to ensure an irreducible measure of safety.
Six comments stated that the requirements for towlines and terminal
gear in general were not appropriate for small assistance-towing
vessels. Other comments objected in particular to requirements on
thimbles, poured sockets, wire cables, shackles, and metal fittings,
because these items could damage light boats and injure personnel
aboard disabled vessels; on the use of cotter pins or other means to
secure connections of terminal gear, because such items are
unacceptable and even dangerous; and on testing towlines and
maintaining elaborate records of towlines' history, because these items
impose a disproportionate burden. The Coast Guard has determined that
these requirements are not appropriate for most small assistance-towing
vessels. It has amended the applicability of this final rule from
vessels of 8 meters in length to vessels of 12 meters in length and
over. It developed these requirements to ensure that towlines remain
intact and attached during towing especially for those combinations of
tugs and barges that pose greater risk to the waterways.
5. Navigation; Tests and Inspections; Maintenance, Failure, and
Reporting
Two comments expressed the opinion that Sec. 164.80 was not
appropriate for small assistance-towing vessels, since applying the
same criteria to a 1,600-gross-ton (GT) vessel as to an 8-GT vessel is
not reasonable (least of all when the latter uses an outboard motor).
The Coast Guard has determined that Sec. 164.80 indeed should not apply
to small assistance-towing vessels. It has amended the applicability of
this rule from vessels 8 meters in length to vessels of 12 meters in
length and over. This change exempts smaller assistance-towing vessels,
yet covers larger assistance-towing vessels (also engaged in commercial
towing), which pose greater risk to the waterways.
Three comments noted that proposed Sec. 164.80 would have required
vessel operators to inspect and test equipment before departure from
port or at least weekly. They supposed that the intent was to compel
routine, walk-through inspections of a towing vessel's vital systems
before its embarking on an extended voyage. They contended that any
periodic tests or inspections might fall mid-voyage while, in practice,
all tests and inspections fall either upon embarkation or, by harbor
tugs engaged in essentially continuous service, upon change of crew
(weekly or biweekly). They asserted that industry practices are
consistent with dictates of prudent navigation. The Coast Guard agrees,
and has revised Sec. 164.80 to ratify this frequency of tests and
inspections.
Three comments expressed confusion over Sec. 164.80(a)(2) due to
the term ``vessel-control alarms'', which to them connoted autopilot or
steering-system alarms. They stated that few towing vessels have either
of these. They recommended either clarifying the meaning or changing
the requirement to ``vessel's installed alarm systems.'' The Coast
Guard has kept the wording as proposed. If steering-system alarms or
autopilot alarms are installed, it is appropriate to test them before
departing from port; however, this final rule does not require
installation of additional alarms.
One comment questioned whether Sec. 164.80(b) should require that
navigational equipment be checked by vessels under 1,600 GT. The Coast
Guard did not propose to require this measure for towing vessels under
1,600 GT in the NPRM; however, it did state that this equipment must be
operational. It is logical to include a test of this equipment for
these vessels and it is consistent with the intent of the rulemaking.
The Coast Guard has added a test of this equipment for towing vessels
under 1,600 GT.
Two comments stated that proposed Sec. 164.82 should be more
stringent. One urge that Sec. 164.82(d) have language strong enough to
obligate a towing vessel's operator to moor or anchor the vessel if, in
the operator's judgment, proceeding without radar would jeopardize the
safety of the tow, of other vessels, or of the environment; at a
minimum, a tow of environmentally hazardous cargoes should have to moor
in hours of darkness when the towing vessel's radar is inoperative. One
comment held that personnel who order a vessel to depart with a broken
radar are ordering a ``less seaworthy'' vessel to go to sea and should
be held responsible for doing so. The Coast Guard wrote this
requirement to ensure that towing vessels' owners, operators, and
masters address and correct equipment problems. But it is not
necessarily unsafe to operate without a radar in some areas and
weather. The operator or master certainly risks his or her license if
he or she operates in poor weather, at night, or in congested traffic
without an operable radar. Section 164.82 of this final rule outlines
clearly that an owner as well as an operator or master must consider
the conditions before leaving port or continuing a transit once
equipment fails--one for avoiding liability and each of the others for
keeping the license.
One comment raised the question whether the COTP really wanted to
know if a small assistance-towing vessel's radar was inoperable in
accordance with Sec. 164.82(d). The Coast Guard has changed the
applicability of this final rule so most assistance-towing vessels are
exempt from the rule. Those 12 meters in length and over that also
operate as commercial towing vessels remain subject to it, and should.
The Coast Guard has reviewed the reporting requirements and values
reports of defective radars on all towing vessels of 12 meters or more
in length engaged in commercial towing.
Three comments recommend that Sec. 164.82 include the option of
telephoning the COTP and requesting a deviation for an inoperative
radar. Section 164.82(c) of this final rule allows a phoned-in request
for deviation; but, because of the legal nature of this type of
request, it also requires a written follow-up.
One comment recommended keeping the words ``Failure of redundant *
* * '' in Sec. 164.82(d). The Coast Guard concurs and has kept them.
Two comments recommended inserting the words ``after entering a
port'' behind ``96 hours'' in Sec. 164.82(d) because it is probable
that a radar would fail during a sea voyage and would be inoperative
more than 96 hours before a technician could get aboard. The two also
felt that such a requirement would create a burden because it would
mean that the vessel has to request a deviation from each COTP as the
vessel passes through the zones. Information of an inoperative radar is
critical when a vessel is under way, and services of a technician
should not be difficult to obtain, least of all in the zones;
therefore, the Coast Guard has not amended this requirement from the
NPRM.
One comment noted that, if this final rule applied to foreign-flag
vessels towing in U.S. waters, it would mandate equipment not now
required by treaty such as the International Convention for the Safety
of Life at Sea 74/78 (SOLAS), as amended; the comment argued that to
impose regulations as a requirement of port entry without agreement of
the IMO would be inappropriate. The comment offered as an example the
proposed requirement for an illuminated swing-meter or magnetic
compass: It is
[[Page 35070]]
conceivable (though unlikely) that a foreign-flag towing vessel not
subject to SOLAS would not have a compass. The Coast Guard has
determined that it could not require less in this final rule without
defaulting on its duty to protect the U.S. navigable waters from the
risk posed by towing vessels. These vessels can seek from the COTP an
exemption if they enter U.S. navigable waters without the required
equipment. By requiring this equipment, the Coast Guard ensures that
these vessels will be adequately equipped while operating in U.S.
navigable waters or, at a minimum, that the COTP will be aware of their
substandard state.
6. Logs
One comment recommended that the final rule require maintenance of
more-comprehensive logbooks; the proposed rule would have authorized
maintenance of a simple ``diary'', which the comment held insufficient
because it could not prove that vessel personnel comply with the work-
hour limitations of 46 U.S.C. 8104 and would not offer a comprehensive
list of items to take account of. The same comment recommended that,
because of the illiteracy of some operators, log books should have a
minimal number of items that could be answered by initial, check-marks,
or numbers rather than call for long, narrative paragraphs. The same
comment recommended that Sec. 164.78(b) be streamlined to require a log
entry only when a pre-departure test or inspection indicated a failure
or malfunction of a component; this approach would be consistent with
industry practice and would minimize unnecessary paperwork. The Coast
Guard considers it appropriate for companies to determine the method of
recordkeeping that meets the requirements in this rule and their own
needs and that suits the capability of the operators and masters they
employ. (Again, manning and rest hours are not within the scope of this
rule.) To ensure compliance with this rule, the Coast Guard requires a
record of tests even if nothing fails. In the interest of minimizing
these reports, the Coast Guard has not dictated the format of the entry
and will allow companies to continue to use their established
procedures.
One comment recommended that the local Officer in Charge of Marine
Inspection (OCMI) be authorized to approve a company's individual
safety-certification process in lieu of establishing a new and
inflexible regime of logging and reporting for ensuring that vessels'
systems, gear, and the like are inspected and tested. The Coast Guard
has changed the language on inspecting and testing in this final rule
to reflect companies' procedures. The Coast Guard sees no need for an
OCMI's special approval of a company's individual process. However, the
process must record at least the tests and inspections required by this
rule.
A final comment recommended that retroreflective material be placed
on both sides of barges to aid in seeing the barges, especially of a
large tow. This is outside the scope of this rulemaking, but is under
consideration by the Navigation Safety Advisory Council (NAVSAC). If
found to be feasible, it may be the subject of a separate rulemking or
of standard agreed to by government and industry.
Incorporation by Reference
The Director of the Federal Register has approved the material in
Sec. 164.03 for incorporation by reference under 5 U.S.C. 552 and 1 CFR
Part 51. The material is available as indicated in that section.
Regulatory Evaluation
This final 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).
A final Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT has been prepared and is available in
the docket for inspection or copying where indicated under ADDRESSES.
This final rule applies to all commercial towing vessels 12 meters or
greater in length. An estimated 4,686 existing towing vessels currently
operate on U.S. waters and are affected by this rule. The Coast Guard
estimates that the one-time cost of implementing this rule is $28
million. Summaries of the comments to the NPRM on its regulatory
evaluation, of the anticipated benefits of this final rule, and of the
estimated cost of this rule follow:
Summary of Comments
Two comments held the statement ``this rule would not result of a
significant economic impact on a substantial number of small entities''
entirely false. They noted that the cost to upgrade a marine-assistance
vessel valued at $30,000 would be substantial. This rule in final form
does not affect marine-assistance vessels; it affects only those
vessels engaged in commercial towing. It applies to all of the latter
vessels 12 meters (39.25 feet) or greater in length operating in U.S.
waters. These vessels will have to retain manufacturing specifications
on towlines and regularly maintain and inspect the towlines. They will
have to carry updated charts or maps and publications, marine radar,
and searchlights. Some (depending on service) will also have to carry
magnetic compasses or swing-meters, depth-sounders, and electronic
position-fixing devices.
Summary of Benefits
The principal benefits of this final rule will be to enhance the
safety of navigation and reduce the risk of collisions, allisions, and
groundings.
The allision in September, 1993, of a tow with a fixed railroad
bridge near Mobile, Alabama, established the necessity of navigational-
safety equipment for towing vessels. These navigational-safety measures
will reduce damage to the human and natural environments by increasing
the number of tools at the disposal of a vessel operator, thereby
decreasing the likelihood of an accident.
The preliminary findings of studies prepared after the derailment
of the Sunset Limited indicate that many owners and operators of towing
vessels voluntarily equip their vessels with much of the proposed
equipment here required. Review of the kind and amount of equipment
voluntarily installed suggests the desirability of the industry's
taking these measures. In addition, reliability and performance of
modern navigational equipment has improved, which also suggests that
mariners can have available to them, at falling cost, valued, accurate
information. The benefits of each piece of equipment are as follows:
A marine surface-navigation radar is an essential piece of
navigational-safety equipment. Not only does it aid in detecting and
avoiding other vessels; it helps in constricted waterways and during
periods of decreased visibility.
A searchlight also helps in restricted waterways, and is essential
in checking the condition of tows and warning other vessels of the
presence of towlines.
A magnetic compass indicates headings, which are critical to safe
navigation of a vessel in open waters. It allows dead-reckoning in
restricted visibility, enables the vessel to fix its position, helps
the vessel to determine the effect of winds and currents, and tells the
rate of turn for the tow.
A swing-meter, or rate-of-turn indicator, tells the rate of turn
for the
[[Page 35071]]
towing vessel itself, which is valuable for every vessel pushing ahead
and is critical for every large, multiple-barge tow pushing ahead. TSAC
has indicated the considerable value of this device to every vessel
pushing ahead.
A depth-sounder decreases the risk of grounding. It provides
immediate information on depth, and also helps fix the vessel's
position.
An electronic position-fixing device has become a basic
navigational tool on board both offshore and coastal vessels. It
supplants plotting by traditional means, for which few towing vessels
have either the time or the personnel.
Charts or maps, and publications, have always been a basic
navigational tool. They give detailed, recent information on
obstructions, routes, bridge clearances, communication channels, river
currents, and hazards to navigation.
Finally, owners' and operators' retention of manufacturers' data on
the breaking strength of towlines, together with minimal standards of
inspection and serviceability, will help ensure that towlines remain
intact throughout transits and are of the appropriate sizes or
configurations. The desirability of keeping tugs made up to their
barges appears self-evident.
All of these measures serve essentially the same purpose: to
increase navigational safety for towing vessels and barges on U.S.
waters. Although the Coast Guard recognizes that many prudent operators
already practice them, this rule will codify them, provide basic
performance standards for the equipment, and compel compliance for
vessels not conforming to the sound practices of the majority of the
industry.
The benefits from these measures are significant, but the Coast
Guard cannot quantify them from available data.
Summary of Costs
The present value of the one-time costs to the towing industry of
installing the required navigational equipment is, on a very
conservative estimate, just under $28 million. This estimate is based
on Coast Guard research. It assumes that a high proportion of vessels
do not already carry the equipment, and does not factor in the
difference in requirements for the difference in routes. Therefore,
although it does not include costs for maintenance and repair, the
Coast Guard expects that the actual value of the costs to the industry
will run appreciably lower than $28 million.
The estimated one-time cost of towing vessels 20 meters (65.62
feet) or more in length totals $10.2 million; this comes to about
$4,600 a vessel. That for those between 12 and 20 meters totals $17.4
million; this comes to about $7,000 a vessel. The average cost for
smaller vessels, paradoxically, is higher than that for larger ones
because the Coast Guard's estimating methodology assumes that a larger
proportion of smaller vessels do not already carry the required
navigational-safety equipment.
This final rule will impose recurring costs in following years.
There will be three annual components of recurring costs: updates,
deviations, and towline testing. (a) Estimated cost of updates is
$468,000 a year for the purchase of new editions of charts or maps and
publications as necessary. (b) Estimated costs of deviations is about
$43,000 a year, assuming 1,072 of them a year. This number is low
because the rule will allow 96 hours to make any necessary repairs.
This is to decrease the burden on industry, especially on small
entities. (c) Finally, estimated cost of towline testing is about $300
a test. At 937 tests a year (20 percent of vessels), this component
will be $281,000 a year. These three annual components of recurring
costs will total $792,000.
Small Entities
The costs to small entities will not be significant, because,
unlike the proposed rule, this final rule exempts towing vessels of
less than 12 meters in length, certain yard and fleeting craft,
assistance-towing vessels, and pollution-response vessels; because of
the large number of vessels already in compliance; and because of the
phase-in periods for several provisions. Therefore, the Coast Guard
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.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each rule that contains a
collection-of-information requirement to determine whether the
practical value of the information is worth the burden imposed by its
collection. Collection-of-information requirements include reporting,
recordkeeping, notification, and other, similar requirements.
This final rule contains collection-of-information requirements in
the following sections: 164.72(b), 164.74(a) 164.78(b), and 164.82(d).
The following particulars apply:
DOT No.: 2115.
OMB Control No.: 2115-0628.
Administration: U.S. Coast Guard.
Title: Navigation Safety Equipment for Towing Vessels.
Need for Information: This final rule will require the mariner to
log or otherwise record information necessary for the safe operation of
the vessel, including (1) Updating navigational charts or maps and
publications to ensure that they accurately reflect local conditions;
(2) keeping documentation on the vessel's towline to verify its
strength and recording regular inspections of it to ensure that it
remains sound; (3) recording tests of the navigation and towing
equipment to ensure that they are functioning properly; and (4)
requesting a deviation from the COTP if the vessel's radar is
inoperative to ensure that this essential equipment is repaired. These
recordkeeping requirements are thoroughly consistent with good
commercial practice and the dictates of good seamanship for safe
navigation and maintenance of critical navigational-safety equipment.
Proposed Use of Information
The primary use of this information will be to ensure that the
mariner records information necessary for the safe operation and
maintenance of the vessel. The secondary use will be to help Coast
Guard inspectors determine whether a vessel is in compliance or, in the
case of a casualty, whether failure to comply with this final rule
contributed to the casualty. The Coast Guard has no specific plan to
collect these data for statistical analysis.
Frequency of Response: The various information called for by this
final rule will be recorded at different intervals. Updates of charts
or maps and publications under Sec. 164.72(b) bill occur at least
weekly. Towline verification will entail, for each towline, keeping a
record of the initial manufacturing data indefinitely. Entries in
inspection logs or other documentation for towlines under
Sec. 164.74(a) will entail recording at least monthly. The recording
under Sec. 164.78(b) of tests and inspection of equipment will be
frequent, and consistent with the underway schedule of the vessel.
Finally, the submittal of requests for deviations under Sec. 164.82(d)
should occur infrequently, only when certain navigational-safety
equipment fails and remains inoperative for greater than 96 hours.
Burden Estimate: 302,663 hours.
Respondents: 4,686 owners, masters, or operators of towing vessels.
Average Burden Hours a respondent: 64.6 annual hours a respondent.
Persons need not respond to an information collection unless it
displays a currently valid control number from
[[Page 35072]]
OMB. This final rule contains information collections that have been
approved by OMB.
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 (October 26, 1987) and
has determined that this rule does not have sufficient implications for
federalism to warrant the preparation of a Federal Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraphs 2.B.2.e(34) (d) and (e) of
Commandant Instruction M16475.1B, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways, Incorporation by reference.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 164 as follows:
PART 164--NAVIGATION SAFETY REGULATIONS
1. The authority citation for part 164 is revised to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also
issued under 46 U.S.C. 6101.
2. In Sec. 164.01, paragraph (b) is added to read as follows:
Sec. 164.01 Applicability.
* * * * *
(b) Sections 164.70 through 164.82 of this part apply to each
towing vessel of 12 meters (39.4 feet) or more in length operating in
the navigable waters of the United States other than the St. Lawrence
Seaway; except that a towing vessel is exempt from the requirements of
Sec. 164.72 if it is--
(1) Used solely within a limited geographic area, such as a
fleeting-area for barges or a commercial facility, and 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; or
(4) Any other vessel exempted by the Captain of the Port (COTP).
The COTP, upon written request, may, in writing, exempt a vessel from
Sec. 164.72 for a specified route if he or she decides that exempting
it would not allow its unsafe navigation under anticipated conditions.
3. Section 164.03 is amended by revising paragraph (b) to read as
follows:
Sec. 164.03 Incorporation by reference.
* * * * *
(b) The materials approved for incorporation by reference in this
part and the sections affected are as follows:
American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005
API Specification 9A, Specification for Wire Rope, Section
3, Properties and Tests for Wire and Wire Rope, May 28,
1984...................................................... 164.74
American Society for Testing and Materials (ASTM), 1916 Race
Street, Philadelphia, PA 19103
ASTM D4268-93, Standard Test Method for Testing Fiber Ropes 164.74
Cordage Institute, 350 Lincoln Street, Hingham, MA 02043
CIA-3, Standard Test Methods for Fiber Rope Including
Standard Terminations, Revised, June 1980................. 164.74
International Maritime Organization (IMO), 4 Albert
Embankment, London SE1 7SR, U.K.
IMO Resolution A342(IX), Recommendation on Performance
Standards for Automatic Pilots, adopted November 12, 1975. 164.13
International Telecommunication Union Radiocommuni- cation
Bureau (ITU-R), Place de Nations CH-1211 Geneva 20
Switzerland
(1) ITU-R Recommendation M.821, Optional Expansion of the
Digital Selective-Calling System for Use in the Maritime
Mobile Service, 1992...................................... 164.43
(2) ITU-R Recommendation M.825, Characteristics of a
Transponder System Using Digital Selective-Calling
Techniques for Use with Vessel Traffic Services and Ship-
to-Ship Identification, 1992.............................. 164.43
Radio Technical Commission for Maritime Services, 655
Fifteenth Street, NW., Suite 300, Washington, DC 20005
(1) RTCM Paper 12-78/DO-100, Minimum Performance Standards,
Loran C Receiving Equipment, 1977......................... 164.41
(2) RTCM Paper 194-93/SC104-STD, RTCM Recommended Standards
for Differential NAVSTAR GPS Service, Version 2.1, 1994... 164.43
(3) RTCM Paper 71-95/SC112-STD, RTCM Recommended Standards
for Marine Radar Equipment Installed on Ships of Less Than
300 Tons Gross Tonnage, Version 1.1, October 10, 1995..... 164.72
(4) RTCM Paper 191-93/SC112-X, RTCM Recommended Standards
for Maritime Radar Equipment Installed on Ships of 300
Tons Gross Tonnage and Upwards, Version 1.2, December 20,
1993...................................................... 164.72
4. Sections 164.70, 164.72, 164.74, 164.76, 164.78, 164.80, and
164.82 added to read as follows:
Sec. 164.70 Definitions.
For purposes of Secs. 164.72 through 164.82, the term--
Current edition means the most recent published version of a
publication, chart, or map required by Sec. 164.72.
Currently corrected edition means a current or previous edition of
a publication required by Sec. 164.72, corrected with changes that come
from Notices to Mariners (NTMs) or Notices to Navigation reasonably
available and that apply to the vessel's transit. Hand-annotated river
maps from the U.S. Army Corps of Engineers (ACOE) are currently
corrected editions if issued within the previous 5 years.
Great Lakes means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas J.
O'Brien Lock and Controlling Works (between miles 326 and 327), the
Chicago River as far as the east side of the Ashland Avenue Bridge
(between miles 321 and 322), and the Saint Lawrence River as far east
as the lower exit of Saint Lambert Lock.
Swing-meter means an electronic or electric device that indicates
the rate of turn of the vessel on board which it is installed.
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.
Western Rivers means the Mississippi River, its tributaries, South
Pass, and Southwest Pass, to the navigational-demarcation lines
dividing the high seas from harbors, rivers, and other inland waters of
the United States, and the Port Allen-Morgan City Alternative Route,
and that part of the Atchafalaya River above its junction with the Port
Allen-Morgan City Alternative Route
[[Page 35073]]
including the Old River and the Red River and those waters specified by
Secs. 89.25 and 89.27 of this chapter, and such other, similar waters
as are designated by the COTP.
Sec. 164.72 Navigational-safety equipment, charts or maps, and
publications required on towing vessels.
(a) Except as provided by Sec. 164.01(b), each towing vessel must
be equipped with the following navigational-safety equipment:
(1) Marine Radar. By August 2, 1997, a marine radar that meets the
following applicable requirements:
(i) For a vessel of less than 300 tons gross tonnage that engages
in towing on navigable waters of the U.S., including Western Rivers,
the radar must meet--
(A) The requirements of the Federal Communications Commission (FCC)
specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category II and stabilization Category Bravo.
(ii) For a vessel of less than 300 tons gross tonnage that engages
in towing seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes, the radar must meet--
(A) The requirements of the FCC specified by 47 CFR part 80; and
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version
1.1, display Category I and stabilization Category Alpha.
(iii) For a vessel of 300 tons gross tonnage or more that engages
in towing, the radar must meet RTCM Recommended Standards for Marine
Radar Equipment Installed on Ships of 300 Tons Gross tonnage and
Upwards, RTCM Paper 191-93/SC112-X, Version 1.2.
(iv) A vessel with an existing radar must meet the applicable
requirements of paragraphs (a)(1) (i) through (iii) of this section by
August 2, 1998; except that a vessel with an existing radar must meet
the display and stabilization requirements of paragraph (a)(1)(ii)(B)
of this section by August 2, 2001.
(2) Searchlight. A searchlight, directable from the vessel's main
steering station and capable of illuminating objects at a distance of
at least two times the length of the tow.
(3) VHF-FM Radio. An installation or multiple installations of VHF-
FM radios as prescribed by part 26 of this chapter and 47 CFR part 80,
to maintain a continuous listening watch on the designated calling
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi
River, where VHF-FM Channel 67 is the designated calling channel), and
to separately monitor the International Distress and Calling Channel,
VHF-FM Channel 16, except when transmitting or receiving traffic on
other VHF-FM channels or when participating in a Vessel Traffic Service
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26
feet (about 8 meters) or more in length, except a public vessel, must
hold a ship-radio-station license for radio transmitters (including
radar and EPIRBs), and each operator must hold a restricted operator's
license or higher. To get an application for either license, call (800)
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau,
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
(4) Magnetic Compass. Either--
(i) An illuminated swing-meter or an illuminated car-type magnetic
steering compass readable from the vessel's main steering station, if
the vessel engages in towing exclusively on Western Rivers; or
(ii) An illuminated card-type magnetic steering compass readable
from the vessel's main steering station.
(5) Echo Depth-Sounding Device. By August 2, 2001, an echo depth-
sounding device readable from the vessel's main steering station,
unless the vessel engages in towing exclusively on Western Rivers.
(6) Electronic Position-Fixing Device. An electronic position-
fixing device, either a LORAN-C receiver or a satellite navigational
system such as the Global Positioning System (GPS) as required by
Sec. 164.41, if the vessel engages in towing seaward of navigable
waters of the U.S. or more than three nautical miles from shore on the
Great Lakes.
(b) Each towing vessel must carry on board and maintain the
following:
(1) Charts or maps. Marine charts or maps of the areas to be
transited, published by the National Ocean Service (NOS), the ACOE, or
a river authority that satisfy the following requirements:
(i) The charts or maps must be of a large enough scale and have
enough detail to make safe navigation of the areas possible.
(ii) The charts or maps must be either--
(A) Current editions or currently corrected editions, if the vessel
engages in towing exclusively on navigable waters of the U.S.,
including Western Rivers; or
(B) Currently corrected editions, if the vessel engages in towing
seaward of navigable waters of the U.S. or more than three nautical
miles from shore on the Great Lakes.
(iii) The charts or maps may be, instead of charts or maps required
by paragraphs (b)(1) (i) and (ii) of this section, currently corrected
marine charts or maps, or applicable extracts, published by a foreign
government. These charts or maps, or applicable extracts, must contain
information similar to that on the charts or maps required by
paragraphs (b)(1) (i) and (ii) of this section, be of large enough
scale, and have enough detail to make safe navigation of the areas
possible, and must be currently corrected.
(3) General publications. A currently corrected edition of, or an
applicable currently corrected extract from, each of the following
publications for the area to be transited:
(i) If the vessel is engaged in towing exclusively on Western
Rivers--
(A) U.S. Coast Guard Light List;
(B) Applicable Notices to Navigation published by the ACOE, or
Local Notices to Mariners (LNMs) published by the Coast Guard, for the
area to be transited, when available; and
(C) River-current tables published by the ACOE or a river
authority, if available.
(ii) If the vessel is engaged other than in towing exclusively on
Western Rivers--
(A) Coast Guard Light List;
(B) Notices to Mariners published by the Defense Mapping Agency, or
LNMs published by the Coast Guard;
(C) Tidal-current tables published by the NOS, or river-current
tables published by the ACOE or a river authority:
(D) Tide tables published by the NOS; and
(E) U.S. Coast Pilot.
(c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing vessels
of 12 meters or more in length:
[[Page 35074]]
Table 164.72.--Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length
----------------------------------------------------------------------------------------------------------------
Waters seaward of
U.S. navigable waters navigable waters and 3
Western rivers other than Western NM or more from shore on
rivers the Great Lakes
----------------------------------------------------------------------------------------------------------------
Marine Radar:
Towing vessels of less than 300 RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112- RTCM Paper 71-95/SC112-
GT. STD Version 1.1, Display STD Version 1.1, STD Version 1.1,
Category II \1\ Display Category II \1\ Display Category I \2\
Stabilization Category Stabilization Category Stabilization Category
BRAVO. BRAVO. ALPHA.
Towing vessels of 300 GT or more. RTCM Paper 191-93/SC112-X RTCM Paper 191-93/SC112- RTCM Paper 191-93/SC112-
Version 1.2.\1\ X Version 1.2.\1\ X Version 1.2.\1\
Searchlight...................... X........................ X....................... X.
VHF-FM radio..................... X........................ X....................... X.
Magnetic compass................. X \3\.................... X....................... X.
Swing-meter...................... X \3\.................... ........................ ........................
Echo depth-sounding device....... ......................... X....................... X.
Electronic position-fixing device X.
Charts or maps................... (1) Large enough scale... (1) Large enough scale.. (1) Large enough scale.
(2) Current edition or (2) Current edition or (2) Currently corrected
currently corrected currently corrected edition.
edition. edition.
General publications............. (1) U.S. Coast Guard (1) U.S. Coast Guard (1) U.S. Coast Guard
Light List. Light List. Light List.
(2) Notices to Navigation (2) Local Notices to (2) Local Notices to
or Local Notice to Mariners. Mariners.
Mariners.
(3) River-current Tables. (3) Tidal-current Tables (3) Tidal-current
Tables.
(4) Tide Tables......... (4) Tide Tables.
(5) U.S. Coast Pilot.... (5) U.S. Coast Pilot.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the
display and stabilization requirement until August 2, 2001.
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.
Sec. 164.74 Towline and terminal gear for towing astern.
(a) Towline. The owner, master, or operator of each vessel towing
astern shall ensure that the strength of each towline is adequate for
its intended service, considering at least the following factors:
(1) The size and material of each towline must be--
(i) Appropriate for the horsepower or bollard pull of the vessel;
(ii) Appropriate for the static loads and dynamic loads expected
during the intended service;
(iii) Appropriate for the sea conditions expected during the
intended service;
(iv) Appropriate for exposure to the marine environment and to any
chemicals used or carried on board the vessel;
(v) Appropriate for the temperatures of normal stowage and service
on board the vessel;
(vi) Compatible with associated navigational-safety equipment; and
(vii) Appropriate for the likelihood of mechanical damage.
(2) Each towline as rigged must be--
(i) Free of knots;
(ii) Spliced with a thimble, or have a poured socket at its end;
and
(iii) Free of wire clips except for temporary repair, for which the
towline must have a thimble and either five wire clips or as many wire
clips as the manufacturer specifies for the nominal diameter and
construction of the towline, whichever is more.
(3) The condition of each towline must be monitored through the--
(i) Keeping on board the towing vessel or in company files of a
record of the towline's initial minimum breaking strength as determined
by the manufacturer, by a classification (``class'') society authorized
in Sec. 157.04 of this chapter, or by a tensile test that meets API
Specification 9A, Specification for Wire Rope, Section 3; ASTM D4268-
93, Standard Test Method for Testing Fiber Ropes; or Cordage Institute
CIA 3, Standard Test Methods for Fiber Rope Including Standard
Terminations;
(ii) If the towline is purchased from another owner, master, or
operator of a vessel with the intent to use it as a towline or if it is
retested for any reason, keeping on board the towing vessel or in
company files of a record of each retest of the towline's minimum
breaking strength as determined by a class society authorized in
Sec. 157.04 of this chapter or by a tensile test that meets API
Specification 9A, Section 3; ASTM D4268-93; or Cordage Institute CIA 3,
Standard Test Methods;
(iii) Conducting visual inspections of the towline in accordance
with the manufacturer's recommendations, or at least monthly, and
whenever the serviceability of the towline is in doubt (the inspections
being conducted by the owner, master, or operator, or by a person on
whom the owner, master, or operator confers the responsibility to take
corrective measures appropriate for the use of the towline);
(iv) Evaluating the serviceability of the whole towline or any part
of the towline, and removing the whole or part from service either as
recommended by the manufacturer or a class society authorized in
Sec. 157.04 of this chapter or in accordance with a replacement
schedule developed by the owner, master, or operator that accounts for
at least the--
[[Page 35075]]
(A) Nautical miles on, or time in service of, the towline;
(B) Operating conditions experienced by the towline;
(C) History of loading of the towline;
(D) Surface condition, including corrosion and discoloration, of
the towline;
(E) Amount of visible damage to the towline;
(F) Amount of material deterioration indicated by measurements of
diameter and, if applicable, measurements of lay extension of the
towline; and
(G) Point at which a tensile test proves the minimum breaking
strength of the towline inadequate by the standards of paragraph (a)(1)
of this section, if necessary; and
(v) Keeping on board the towing vessel or in company files of a
record of the material condition of the towline when inspected under
paragraphs (a)(3)(iii) and (iv) of this section. Once this record
lapses for three months or more, except when a vessel is laid up or out
of service or has not deployed its towline, the owner, master, or
operator shall retest the towline or remove it from service.
(b) Terminal gear. The owner, master, or operator of each vessel
towing astern shall ensure that the gear used to control, protect, and
connect each towline meets the following criteria:
(1) The material and size of the terminal gear are appropriate for
the strength and anticipated loading of the towline and for the
environment;
(2) Each connection is secured by at least one nut with at least
one cotter pin or other means of preventing its failure;
(3) The lead of the towline is appropriate to prevent sharp bends
in the towline from fairlead blocks, chocks, or tackle;
(4) There is provided a method, whether mechanical or non-
mechanical, that does not endanger operating personnel but that easily
releases the towline;
(5) The towline is protected from abrasion or chafing by chafing
gear, lagging, or other means;
(6) Except on board a vessel towing in ice on Western Rivers or one
using a towline of synthetic or natural fiber, there is fitted a winch
that evenly spools and tightly winds the towline; and
(7) If a winch is fitted, there is attached to the main drum a
brake that has holding power appropriate for the horsepower or bollard
pull of the vessel and can be operated without power to the winch.
Sec. 164.76 Towline and terminal gear for towing alongside and pushing
ahead.
The owner, master, or operator of each vessel towing alongside or
pushing ahead shall ensure that the face wires, spring lines, and push
gear used--
(a) Are appropriate for the vessel's horsepower;
(b) Are appropriate for the arrangement of the tow;
(c) Are frequently inspected; and
(d) Remain serviceable.
Sec. 164.78 Navigation under way: Towing vessels.
(a) The owner, master, or operator of each vessel towing shall
ensure that each person directing and controlling the movement of the
vessel--
(1) Understands the arrangement of the tow and the effects of
maneuvering on the vessel towing and on the vessel, barge, or object
being towed;
(2) Can fix the position of the vessel using installed navigational
equipment, aids to navigation, geographic reference-points, and
hydrographic contours;
(3) Does not fix the position of the vessel using buoys alone
(Buoys are aids to navigation placed in approximate positions either to
alert mariners to hazards to navigation or to indicate the orientation
of a channel. They may not maintain exact charted positions, because
strong or varying currents, heavy seas, ice, and collisions with
vessels can move or sink them or set them adrift. Although they may
corroborate a position fixed by other means, they cannot fix a
position; however, if no other aids are available, buoys alone may
establish an estimated position.);
(4) Evaluates the danger of each closing visual or radar contact;
(5) Knows and applies the variation and deviation, where a magnetic
compass is fitted and where charts or maps have enough detail to enable
this type of correction;
(6) Knows the speed and direction of the current, set, drift, and
tidal state for the area to be transited; and
(7) Proceeds at a speed prudent for the weather, visibility,
traffic density, tow draft, possibility of wake damage, speed of the
current, and local speed-limits.
(b) The owner, master, or operator of each vessel towing shall
ensure that the tests and inspections required by Sec. 164.80 are
conducted and that the results are entered in the log or other record
carried on board.
Sec. 164.80 Tests and inspections.
(a) The owner, master, or operator of each towing vessel of less
than 1,600 GT shall ensure that the following tests and inspections of
gear occur before the vessel embarks on a voyage of more than 24 hours
or when each new master or operator assumes command:
(1) Steering-systems. A test of the steering-gear-control system; a
test of the main steering gear from the alternative power supply, if
installed; a verification of the rudder-angle indicator relative to the
actual position of the rudder; and a visual inspection of the steering
gear and its linkage.
(2) Navigational equipment. A test of all installed navigational
equipment.
(3) Communications. Operation of all internal vessel control
communications and vessel-control alarms, if installed.
(4) Lights. Operation of all navigational lights and all
searchlights.
(5) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
(6) Propulsion systems. Visual inspection of the spaces for main
propulsion machinery, of machinery, and of devices for monitoring
machinery.
(b) The owner, master, or operator of each towing vessel of 1,600
GT or more shall ensure that the following tests of equipment occur at
the frequency required by Sec. 164.25 and that the following
inspections of gear occur before the vessel embarks on a voyage of more
than 24 hours or when each new master or operator assumes command:
(1) Navigational equipment. Tests of onboard equipment as required
by Sec. 164.25.
(2) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of the
winch brake, if installed.
Sec. 164.82 Maintenance, failure, and reporting.
(a) Maintenance. The owner, master, or operator of each towing
vessel shall maintain operative the navigational-safety equipment
required by Sec. 164.72.
(b) Failure. If any of the navigational-safety equipment required
by Sec. 164.72 fails during a voyage, the owner, master, or operator of
the towing vessel shall exercise due diligence to repair it at the
earliest practicable time. He or she shall enter its failure in the log
or other record carried on board. The failure of equipment, in itself,
does not constitute a violation of this rule; nor does it constitute
unseaworthiness; nor does it obligate an owner, master, or operator to
moor or anchor the vessel. However, the owner, master, or operator
shall consider the state of the equipment--along with such factors as
weather, visibility, traffic, and the dictates of good seamanship--in
deciding whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or operator of each towing vessel
whose
[[Page 35076]]
equipment is inoperative or otherwise impaired while the vessel is
operating within a Vessel Traffic Service (VTS) Area shall report the
fact as required by 33 CFR 161.124. (33 CFR 161.124 requires that each
user of a VTS report to the Vessel Traffic Center as soon as
practicable:
(1) Any absence or malfunction of vessel-operating equipment for
navigational safety, such as propulsion machinery, steering gear,
radar, gyrocompass, echo depth-sounding or other sounding device,
automatic dependent surveillance equipment, or navigational lighting;
(2) Any condition on board the vessel likely to impair navigation,
such as shortage of personnel or lack of current nautical charts or
maps, or publications; and
(3) Any characteristics of the vessel that affect or restrict the
maneuverability of the vessel, such as arrangement of cargo, trim,
loaded condition, under-keel clearance, and speed.)
(d) Deviation and authorization. The owner, master, or operator of
each towing vessel unable to repair within 96 hours an inoperative
marine radar required by Sec. 164.72(a) shall so notify the Captain of
the Port (COTP) and shall seek from the COTP both a deviation from the
requirements of this section and an authorization for continued
operation in the area to be transited. Failure of redundant
navigational-safety equipment, including but not limited to failure of
one of two installed radars, where each satisfies Sec. 164.72(a), does
not necessitate either a deviation or an authorization.
(1) The initial notice and request for a deviation and an
authorization may be spoken, but the request must also be written. The
written request must explain why immediate repair is impracticable, and
state when and by whom the repair will be made.
(2) The COTP, upon receiving even a spoken request, may grant a
deviation and an authorization from any of the provisions of
Secs. 164.70 through 164.82 for a specified time if he or she decides
that they would not impair the safe navigation of the vessel under
anticipated conditions.
Dated: June 26, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-16892 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-14-M
