Towing Vessel Safety

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

46 CFR Parts 25, 27, and 32

[CGD 97-064]

RIN 2115-AF-53

Towing Vessel Safety

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 52058]]

SUMMARY: The Coast Guard proposes to improve towing vessel and tank-

barge safety measures by requiring the installation of equipment to

suppress fires on towing vessels and to enhance existing standards for

anchoring or retrieving a drifting tank barge. This proposal was

developed in cooperation with the Towing Vessel Safety Advisory

Committee (TSAC). The Coast Guard is addressing the human element

through muster lists, training, drills, and performance-based

requirements, as well as recommended practices. Regulations are

required by the Coast Guard Authorization Act of 1996. This action is

expected to reduce the number of oil spills causing damage to marine

life and the environment from single hull, non-self-propelled tank

vessels.

DATES: Comments must reach the Coast Guard on or before January 5,

1998. Comments sent to the Office of Management and Budget (OMB) on

collection of information must reach OMB on or before December 5, 1997.

ADDRESSES: You may mail comments to the Executive Secretary, Marine

Safety Council (G-LRA/3406) (CGD 97-064), U.S. Coast Guard

Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or

deliver them to room 3406 at the same address between 9:30 a.m. and 2

p.m., Monday through Friday, except Federal holidays. The telephone

number is 202-267-1477. You must also mail comments on the collection

of information to the Office of Information and Regulatory Affairs,

Office of Management and Budget, 725 17th Street NW., Washington, DC

20503, Attn: Desk Officer, U.S. Coast Guard.

The Executive Secretary 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 3406, U.S. Coast Guard Headquarters, between 9:30 a.m.

and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Morgan J. Hurley, P.E., Project

Manager (Fire Protection) (202) 267-0172 or E-mail

[email protected]>; or LTJG Patrick J. DeShon, Project Manager

(Emergency Control Systems) (202) 267-0864 or E-mail

[email protected]>.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to participate in this rulemaking by

submitting written data, views, or arguments. You should include your

name and address, identify this rulemaking (CGD 97-064) and the

specific section of this document to which each comment applies, and

give the reason for each comment. Please submit two copies of all

comments and attachments in an unbound format, no larger than 8\1/2\ by

11 inches, suitable for copying and electronic filing. If you want us

to acknowledge receiving your comments, please enclose a stamped, self-

addressed postcard or envelope.

The Coast Guard is also soliciting comments on the question and

answer format used in part 27. This format is intended to make

regulations more readable. We are interested in your feedback on its

effectiveness and your suggestions for possible improvements. The Coast

Guard will consider all comments received during the comment period and

may change this proposed rule in view of the comments.

The Coast Guard plans no public hearing. You may request a public

hearing by writing to the Marine Safety Council at the address under

ADDRESSES. Your request should include the reasons why a hearing would

be beneficial. If the Coast Guard determines that oral presentations

will aid this rulemaking, it will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Background and Purpose

On January 19, 1996, the tugboat SCANDIA, towing the oil barge,

NORTH CAPE, caught fire five miles off the coast of Rhode Island. The

crew could not control the fire, and without power they were unable to

prevent the barge carrying 4 million gallons of oil from grounding and

spilling its contents into the coastal waters. The North Cape Spill led

Congress to amend 46 U.S.C. 3719, in Sec. 901 of the 1996 Coast Guard

Authorization Act (Pub. L. 104-324) (the Authorization Act) to direct

the Secretary of Transportation to prescribe regulations necessary to

reduce oil spills from single-hull non-self-propelled tank vessels.

Additionally, Congress in Sec. 902 of the Authorization Act amended 46

U.S.C. 4102 to direct the Coast Guard to require the use of a fire

suppression system or other fire suppression measures on vessels that

tow non-self-propelled tank vessels. Section 902 of the Authorization

Act also provides that the Coast Guard, after consultation with TSAC,

may require fire suppression measures on all towing vessels, not just

those towing non-self-propelled tank vessels.

Statutory Mandate

Section 901 of the Authorization Act mandates that single hull,

non-self-propelled tank vessels operating in the open ocean or coastal

waters, or the vessels towing them, employ at least one of three safety

options. Under reasonably foreseeable sea conditions, without

additional assistance, either the barge or the vessel towing it must:

(1) have on board a crew member and an operable anchor that

together can stop the tank barge; or

(2) have an emergency system that will allow the tank barge to be

retrieved by the towing vessel if the tow line ruptures.

(3) If neither of these two measures are viable, then the tank

barge or vessel towing it must have on board another measure or

combination of measures comparable to measures (1) and (2) of this

paragraph that the Coast Guard (as authorized by the Secretary of

Transportation) determines will provide protection against grounding.

Section 902 of the Authorization Act gave the Coast Guard the

authority to require ``the installation, maintenance, and use of a fire

suppression system or other measures * * * on board towing vessels.''

However, for vessels which tow non-self-propelled tank vessels, the

Authorization Act mandated that the Coast Guard require a fire

suppression system or other measures by October 1, 1997. The

Authorization Act also required that the Coast Guard develop these

rules in consultation with the Towing Safety Advisory Committee (TSAC).

The requirements that the Coast Guard is proposing in this rulemaking

are based on recommendations by TSAC.

Regulatory Approach

Human Element

Many of the requirements of this rule go beyond design and

equipment. It is important to acknowledge the roles and

responsibilities of the people operating the equipment installed on

these vessels. The training and performance of the crew members may be

the critical element in avoiding the actions that contribute to a

casualty. Our Prevention Through People program depends on owners,

operators, and other people in positions of responsibility to take an

active role in developing and enforcing these safety measures.

Establishing the Lower Limit of Acceptable Safety Practice

For many requirements in this rule, vessels already carry most or

all of the equipment and have adequate operational procedures. Many

companies maintain and inspect their equipment with regularity and

provide training beyond that required by these rules. However, the

safety level of the industry can be jeopardized by a single

[[Page 52059]]

poor operator. The necessity still exists for identifying minimum

standards that define the lower limit of acceptable practice.

Open Ocean and Coastal Waters

Section 901 of the Authorization Act specified that these rules

apply to vessels operating in the open ocean or coastal waters. The

Coast Guard determined this language to be equivalent to the high seas

and territorial sea as defined in 33 CFR part 2. Under this approach

the inner boundary of coastal waters is the territorial sea baseline.

This line represents the separation between internal and external

waters and defines the coastal area more strictly than the boundary

line previously applied to offshore barges in 33 CFR part 155. Internal

waters inherently offer semi-sheltered conditions or opportunity for

quick haven and therefore have been excluded from the applicability.

Vessels in external waters are subject to more severe weather and ocean

effects that create an environment more likely to contribute to an

incident resulting in separation of the barge from the towing vessel.

Double Hull Tank Barges

The proposed requirements do not apply solely to single-hulled

vessels, as specified by the Authorization Act. The existing

requirements in 33 CFR section 155.230 already require emergency towing

capability for both single and double hull vessels and we did not wish

to detract from the existing requirements of OPA 90. Double hull tank

barges that currently satisfy 33 CFR section 155.230 also meet the

requirements of the new 33 CFR section 155.230 proposed in this

rulemaking.

Grandfathering Provisions for Anchor Systems

The Coast Guard will continue to allow the grandfathering

established for tankships and manned seagoing barges constructed prior

to June 15, 1987, by 46 CFR section 32.15-15. However, manned barges

equipped with an anchor to comply with 33 CFR section 155.230(b)(1)

will be excluded from any of the grandfathering provisions in 46 CFR

section 32.15-15. The effectiveness of the emergency control system

using anchors is highly dependent upon the design standard and

equipment arrangement. The Coast Guard will only accept anchoring

standards established by the American Bureau of Shipping or another

recognized classification society. This will not require manned

seagoing barges currently accepted under the grandfathering provisions

to change their arrangements, if they choose to install a retrieval

system as their emergency control system.

Application of Fire Protection Rules to All Towing Vessels

The Coast Guard is proposing that these rules apply to all towing

vessels, not just towing vessels which tow non-self-propelled tank

vessels. There were 188 reported fires on towing vessels from 1992-

1996; almost all of which occurred in the engine room. Each of these

fires was a potential obstruction to maritime commerce and each

resulted in property damage. Many of these fires resulted in a total

constructive loss of the vessel, and several required the use of

outside resources to bring under control. Also, TSAC recommended

application to all towing vessels so that operators could maintain

flexibility over the cargoes that they may tow.

The Towing Safety Advisory Committee recommended that these rules

only be applied to vessels which are 12 meters in length or longer.

However, application only to vessels which are greater than 12 meters

in length would not meet the intent of the mandate in the Authorization

Act, which did not make any differentiation based on vessel length. The

Authorization Act mandated the installation of fire suppression

measures on vessels which tow non-self-propelled tank vessels, and

vessels which are less than 12 meters in length could be engaged in

towing tank barges. Also, the Coast Guard is concerned an engine room

fire which results in loss of propulsion and navigation capability,

could occur on any towing vessel, regardless of length.

Requirement for a Suppression System

The Coast Guard is proposing to require a combination of fire

protection measures. This system would include the capability to detect

small incipient fires, quickly communicate the presence of these small

fires to the crew, and suppress these fires before they jeopardize

navigation capability. Also, the Coast Guard recognizes that proper

preparation and response by vessel crew is more important than

requiring the installation of additional equipment on the vessel.

Therefore, the Coast Guard is proposing crew training, both ashore and

afloat, and muster lists to identify and practice crew fire fighting

roles before a fire emergency.

Although requiring a suppression system on new and existing vessels

meets the mandate in the Authorization Act, the Coast Guard does not

solely require the installation of a suppression system. Gaseous

suppression systems may not be effective on all existing vessels. A

gaseous suppression system requires a relatively air tight enclosure to

maintain an extinguishing concentration. Many existing towing vessels

are constructed with engine rooms that would not be sufficiently air

tight. Furthermore, installation of a total flooding suppression system

may not meet the intent of the mandate in the Authorization Act--to

prevent casualties involving barges which are the result of a loss of

propulsion of the towing vessel. Although a machinery space fire would

result in loss of propulsion, discharge of a total flooding suppression

system would also result in loss of propulsion.

The Towing Safety Advisory Committee conducted a survey of the

towing vessel fleet in conjunction with developing their

recommendations to the Coast Guard. This survey revealed that the

provisions which would be required by this rulemaking are presently

installed on most towing vessels.

Discussion of Proposed Rule

Emergency Control Systems

33 CFR Part 155

The proposed rules in 33 CFR part 155 require an emergency control

system to ensure an adequate response to prevent a grounding. The Coast

Guard will require only one of three response measures for tank vessels

as mandated by the Authorization Act. The following methodologies

define what the Coast Guard will accept as an emergency control system:

Manned with an operable anchor. To consider anchoring as a response

option it is first necessary to define the design and operational

capabilities of an ``operable'' anchor. This was done using minimum

performance standards for in-service operation by the crew. The crew

member is a vital component in the anchoring system. Training,

maintenance, and inspection provisions support the operational

availability of the anchoring system. Performance requirements will be

added in 46 CFR section 32.15-15 and 33 CFR section 155.230.

The Coast Guard believes that additional requirements are needed in

an anchoring system intended for use as an emergency response measure

because an emergency often presents higher stress conditions than

routine service anchoring. One crew member must be able to deploy the

anchor within a reasonable response time and must confer with the

master in determining the appropriate length of chain to be used.

[[Page 52060]]

The objective of an emergency anchoring operation is for a drifting

barge to self-anchor in water deep enough that its stern (presumably

the closest point to shore) will not ground. This requires that only

enough chain be let out for the anchor to properly imbed itself

(typically 5 to 7 times the water depth), but no longer length. The

Coast Guard recognizes that not every point along the barge's route

will necessarily be far enough from shore to prevent grounding.

However, we believe that most routes are far enough from shore for this

to be a viable strategy. Crew members should be trained to deploy the

anchor, and a means for measuring the proper chain pay-out should be

employed (such as marking the chain). The length of chain constraint

ensures that excessive chain will not be let out and allow a grounding

as the barge swings toward shore. We solicit your comments on whether

or not the Coast Guard should provide more specific guidance or

requirements concerning emergency anchoring training and operations.

The constraint on reasonable response time was added to ensure that

control of the barge is established during the period of intentional

separation described under the Safety Analysis section of this

preamble. It is important that the barge is under control before the

developing emergency renders the towing vessel unable to provide

control. We are considering basing this performance criteria on

casualty development times. We solicit comments on what would be a

reasonable response time.

The Coast Guard chose not to include the recommendation of TSAC for

an operable anchor to be considered as a viable safety option for an

unmanned barge. Along with the American Waterways Operators, the Coast

Guard has determined that falls overboard represent the highest cause

of fatalities in the towing industry. Requiring an anchor on an

unmanned barge encourages attempted placement of mariners onto the

barge in an emergency situation. This represents an unacceptable risk.

The requirements presented only represent a minimum standard for

safe operation of the anchoring system. Companies should assess whether

more stringent individual requirements are necessary to maintain safe

practices under their operational conditions.

Emergency retrieval system. For the second option, retrieval

systems, we recognize that the conditions in your operating area will

determine the most effective system for retrieval and that various

acceptable systems exist. The Coast Guard proposes minimum performance

characteristics to ensure a reasonable margin of safety.

The training requirements ensure that one person onboard the towing

vessel is familiar with operation of the retrieval system and has

hands-on experience. All licensed personnel and crew members should

understand operation of the system but, because of crew rotation and

operational constraints, it is not practicable to require that all

personnel have hands-on experience.

The term ``master'' is used in this NPRM to be consistent with its

proposed use in Licensing and Manning for Officers of Towing Vessels

(CGD 94-055) published June 19, 1996 in the Federal Register (61 FR

31332).

Retrieval drills should not be conducted with barges containing any

cargo which would pose an environmental threat in the event of a

mishap.

Safety response measures. Option three allows us to recognize

future developments in safety response measures that may provide a

comparable level of safety.

Permissively manned barges. Permissively manned barges must be able

to meet all operation and performance requirements of 33 CFR part 155

and 46 CFR part 32, unless specifically instructed otherwise by the

cognizant Officer in Charge of Marine Inspection (OCMI). Since

permissively manned barges operate under provisional authority of the

OCMI, these requirements should apply on a case by case basis.

Dual certificated barges. Certain tank barges may be certificated

or load lined for both manned and unmanned voyages. As such, they may

already be equipped with an anchoring system. However, owners/operators

may not rely on the anchor system whenever the barge sails on an

unmanned voyage (because it would require a tug-to-barge personnel

transfer to operate the system). For such voyages, the towing vessel

and barge will have to be equipped with the emergency retrieval system.

Fire Suppression

46 CFR Part 25

The Coast Guard proposes to revise table 25.30-10(c) in 46 CFR

section 25.30-10(c) to add a listing for B-V semi-portable

extinguishers. The capacities proposed for the new B-V entry are

consistent with the values used in other subchapters and currently

available approved equipment. This modification is necessary because of

the proposed requirement in part 27 for B-V extinguishers on vessels 24

meters or longer in length.

46 CFR Part 27

Except as otherwise noted, each of the proposed requirements in

this part was recommended by TSAC.

If you are an owner of a commercial towing vessel, your vessel

would be required to comply with requirements under a newly added part

27. However, your vessel must meet these requirements in addition to

those found in other parts of Subchapter C for towing vessels.

The proposed requirements of this part minimize the possibility of

a fire affecting the propulsion and navigation capability of your

towing vessel. As a result of reducing the possibility of such fires,

we expect a decrease in barge casualties.

We expect this reduction in fires that cause propulsion loss to be

achieved by: (1) detecting fires while they are small and by providing

means to immediately alert the crew; (2) providing means to extinguish

or control small fires in a manner that avoids permanently disabling

operation of the propulsion machinery; and (3) conducting training to

ensure that personnel are prepared to engage in fire fighting

operations. Additionally, if your towing vessel is new, we expect the

proposed requirements to decrease the possibility of fuel system fires

starting in the engine room.

Most of the provisions proposed in part 27 address fire fighting

equipment and measures. However, we recognize fire prevention is more

important than fire fighting and suppression. Proper housekeeping and

maintenance on your vessel, especially in the engine room, can help

prevent many fires from starting. You can find guidance on this issue

in the ``Responsible Carrier Program'' from the American Waterway's

Operators under its partnership with the Coast Guard.

The Coast Guard has decided to apply this proposed rule to two

separate categories of towing vessels. One category is for existing

vessels and another category is for new vessels. We intend for this

two-tier approach to achieve the goals mandated by Congress, while

giving consideration to the practicality, appropriateness, or cost

effectiveness of installing certain equipment on existing or small

vessels (i.e. those less than 24 meters (79 feet)). The 24 meter (79

feet) breakpoint was proposed by TSAC and corresponds to a breakpoint

used to differentiate between ``small'' and ``large'' vessels in

[[Page 52061]]

the commercial fishing industry vessel regulations contained in part

28.

Section 27.100. The proposed applicability of this part is similar

to that used in 33 CFR part 164 concerning navigation safety equipment

for towing vessels, except these rules apply to all towing vessels,

regardless of length. Exceptions are similar to those found in 33 CFR

part 164, including vessels that are used solely within a limited

geographic area, are used only for assistance towing or pollution

response, or are exempted by the OCMI.

Vessels which solely operate within a limited geographic area were

exempted from the requirements of these rules. The intent of the

Authorization Act could be interpreted as applying to vessels which

only operate in a limited geographic area. However, the Coast Guard

believes that the risk of a vessel which only operates in a limited

geographic area losing control of a barge is low enough that it is not

necessary to require fire suppression measures. These vessels would be

close enough to shore or pier facilities that they could reasonably be

expected to control barges long enough in the event of a fire on the

towing vessel to avoid grounding the barge. Also, many of these limited

geographic areas such as fleeting or industrial facilities have

multiple towing vessels operating in a small area; in the event of a

fire on a towing vessel, another vessel could quickly render

assistance.

Five definitions are proposed in Sec. 27.101.

We propose to apply the definition of towing vessel, as used in the

navigation safety equipment rules in 33 CFR part 164, for this part.

Definitions for new and existing vessels are proposed to

differentiate between application of the proposed rules to vessels the

construction of which was contracted for before the applicability date

of these rules and vessels contracted for after the applicability date

of these rules. These definitions were derived from the definitions

used for small passenger vessels in 46 CFR subchapter T. Contracting

date was used instead of build date to ensure that vessel builders and

designers are allowed the opportunity to familiarize themselves with

the requirements of these rules prior to beginning construction.

For the purposes of this proposed rule, the Coast Guard provided a

definition for the personal pronouns you and we. You is defined as the

owner of a towing vessel. We is defined as the United States Coast

Guard.

Sections 27.205 and 27.305. We are proposing that you must ensure a

general alarm system is installed on your new vessel or on your

existing vessel within two years of the effective date of these rules.

This requirement would apply to all towing vessels, regardless of

length. A general alarm provides a means of quickly alerting all

persons on board of a fire so they can take appropriate suppression

actions. An option for audible or visual alarms is proposed for

existing vessels to allow for the continued use of existing systems,

although visual alarms are required in high ambient noise areas, even

if audible alarms were already installed. However, both audible and

visual alarms are proposed for new vessels to ensure that the alarm

would be sensed if a person can't hear audible alarms (e.g., is wearing

headphones outside the machinery space) or can't see visual alarms

(e.g., is sleeping, looking elsewhere.)

The proposed requirements were derived from the TSAC

recommendations and the requirements in the commercial fishing industry

regulations contained in 46 CFR section 28.240.

Sections 27.210 and 27.310. We are proposing that you ensure a fire

detection system is installed in the engine room on new vessels; and

within two years of the effective date of these regulations on existing

vessels. The fire detection system provides a means of detecting a fire

in the early stages. TSAC did not recommend standards for the fire

detection system. The proposed requirements are based on those

contained in 46 CFR section 76.27, although they have been modified to

allow for heat or smoke detection and to account for differences

between passenger vessels and towing vessels. TSAC recommended

continuous manning be permitted as an alternative to the requirement

for heat or smoke detectors. However, we have determined that reliance

on human beings to detect a fire is not as effective as an automated

system, people could be on rounds, asleep, or otherwise occupied and

not notice the smoke or fire.

Sections 27.215 and 27.315. We are proposing that you ensure a

communication system is installed on your new vessel or within two

years of the effective date of these regulations on your existing

vessel. The communications system enables communication between the

engine room and the wheel house. On your existing towing vessel, the

communication system can be either fixed or portable; however, if your

towing vessel is new, the communications system must be a permanent

installation. Some small vessels may only have an unattended engine

compartment and no occupied spaces other than the wheel house, and

would not be required to comply with this section. TSAC did not

recommend standards for the communications system, so the proposed

requirements were derived from 46 CFR section 113.30.

Sections 27.220, 27.221, 27.320 and 27.321. We are proposing that

you ensure fire pump and fire main systems are installed on your

vessel. Fire pump and fire main systems are proposed to augment the

capability to suppress small fires in the engine room before they

jeopardize propulsion capability. Differing requirements are proposed

for existing and new towing vessels, as well as vessels 24 meters (79

feet) or longer in length and those that are less than 24 meters (79

feet) in length. This differentiation recognizes the space limitations

and the difficulty installing equipment on smaller existing vessels.

For new and existing vessels 24 meters (79 feet) or longer in

length, a fixed fire pump and fire main system are proposed. You must

ensure the fire pump and fire main system are capable of delivering two

streams of water at a flow of 300 liters per minute (80 gpm) and 344

kPa (50 psi) pressure. If your vessel is new, the fire pump must be

independent of the bilge and ballast system. This difference accounts

for the difficulty of installing a new pump on existing vessels.

Although TSAC recommended requiring a fixed fire pump and fire main

system on new vessels and within two years on existing vessels of this

length, they did not recommend a performance standard for the system.

Therefore, the proposed performance is based on the requirements

contained in 46 CFR section 28.315 for commercial fishing industry

vessels of similar size.

If your new vessel is less than 24 meters (79 feet) in length, a

fixed or portable fire pump is required. If your existing vessel is

less than 24 meters (79 feet) in length, you must ensure a fixed or

portable fire pump is installed within two years. Since the

recommendation from TSAC did not contain performance requirements, the

proposed performance requirements are based on those contained in 46

CFR section 181.300 pertaining to small passenger vessels of a similar

length.

Sections 27.225, 27.325, and 27.326. We are proposing that you

ensure that additional portable or semi-portable fire extinguishers are

installed on your new vessel, or on your existing vessel within two

years after the effective date of these regulations. Differing

requirements are

[[Page 52062]]

proposed for vessels 24 meters (79 feet) or longer in length and those

that are less than 24 meters (79 feet) in length. We intend for these

extinguishers to suppress a fire in the engine room prior to the fire

jeopardizing propulsion or navigation capability.

For vessels 24 meters (79 feet) or longer in length, a B-V semi-

portable fire extinguisher is proposed. For vessels less than 24 meters

(79 feet) in length, a B-III semi-portable extinguisher is proposed.

An option for a fixed extinguishing system is proposed as an

alternative on existing vessels. If you previously installed a fixed

system that meets the requirements of 46 CFR section 76.15, you will

not be required to install additional equipment. This option is also

available on new vessels less than 24 meters (79 feet) in length.

However, a fixed extinguishing system is proposed as a requirement for

new vessels 24 meters (79 feet) or longer in length.

Sections 27.230 and 27.340(f). We propose requiring the

installation of a remote engine shutdown or fuel shutoff for existing

vessels within two years of the effective date of these regulations. We

propose requiring the installation of a remote fuel shutoff for new

vessels. A fuel shutoff or an engine shutdown is proposed for

controlling a fire within the engine room to prevent permanent loss of

propulsion capability. A fuel shutoff is the preferred installation

because the flow of fuel into the engine room is stopped in the event

of a fire. However, an engine shutoff is also acceptable for existing

vessels in recognition of fuel piping arrangements that make installing

a fuel shutoff valve impractical.

Section 27.340. We are proposing fuel system standards for new

vessels. These requirements are not applicable to existing vessels

because of the possible difficulty in applying these standards to

existing installations.

An analysis we conducted on towing vessel casualties occurring

between 1992 and 1995 indicated that approximately 40 percent of all

towing vessel fires involve a fuel system failure. By applying minimum

standards to the fuel systems on towing vessels, the number of fires

should decrease. The proposed rules are based on the requirements

contained in 46 CFR section 28.335 for commercial fishing industry

vessels.

Portable fuel systems would be prohibited, except where used for

portable bilge pumps or outboard engines. This prohibition would not

apply to fuel tanks which are permanently attached to portable

equipment, such as portable fire pumps. Portable fuel tanks are

proposed to be prohibited to eliminate potential fuel spills resulting

from tanks being knocked over, fuel lines severed or worn, etc. Where

used, portable fuel tanks would be required to meet the requirements of

American Boat and Yacht Council (ABYC) H-25, ``Portable Fuel Systems

and Portable Containers for Flammable Liquids.''

Fuel restrictions are proposed to lower the fire and explosion

hazard in machinery spaces by limiting fuels used to those which have a

high flash point. Since Bunker C is often heated to lower its viscosity

and make it easier to pump, installations would be required to meet

subchapter F. Other fuels, for example compressed natural gas, could be

used where accepted by Commandant (G-MSE).

Vent pipe requirements are proposed to prevent overpressurization

during filling.

Fuel piping is proposed to be required to be at least 0.9

millimeters (0.035 inches) in thickness, seamless, and constructed of

steel, annealed copper, copper-nickel, or nickel-copper. Aluminum

piping, with its relatively low melting point, would be permitted

outside of machinery spaces. Also, flexible piping would be permitted

in short lengths to provide flexibility in fuel lines, for example

where a fuel line connects to an engine. These requirements are

proposed to ensure piping is relatively robust.

Instead of the fuel piping requirements of this section, vessels

which are less than 24 meters in length would be permitted to meet

either ABYC H-33, ``Diesel Fuel Systems'', chapter 5 of National Fire

Protection Association (NFPA) 302, ``Pleasure and Commercial Motor

Craft'' or 33 CFR Subchapter S, ``Boating Safety'', since the

requirements of these standards are appropriate for smaller vessels.

Section 27.230 and 27.345. We are proposing that you ensure a fire

axe is on board your new vessel, or is on board your existing vessel

within 90 days after the effective date of this regulation. The fire

axe should speed up entry into enclosed spaces for fire fighting

efforts.

Section 27.240 and 27.350. We are proposing that you ensure a

muster list is developed within 90 days of the effective date of this

regulation. The requirement for a muster list addresses the human

element in marine casualties by identifying crew responsibilities and

fire fighting procedures before a fire emergency. By identifying

responsibilities and procedures before a fire emergency, the crew

should be more efficient and timely in initiating fire fighting

efforts. This increased efficiency should increase the likelihood that

a small fire can be suppressed before propulsion and navigation

capabilities are jeopardized.

You must ensure that the fire and emergency signal and the fire

fighting responsibilities of all personnel are included on the muster

list.

The requirement for a muster list was recommended by TSAC; however,

the recommendation did not contain specific criteria for the muster

list. The proposed criteria for the muster list are derived from those

found in the commercial fishing industry vessel regulations in 46 CFR

section 28.270.

Section 27.245 and 27.355. We are proposing that you ensure

instruction, drills, and safety orientations are conducted in

accordance with these sections. The towing vessel master or person-in-

charge, or other qualified person may actually conduct the training

mentioned above. These requirements should improve fire fighting

capabilities of the vessel crew by ensuring they are prepared for fire

emergencies. Increased efficiency will improve the chances of

suppressing small fires before propulsion and navigation capabilities

are endangered.

We are proposing that you ensure all drills and instruction are

conducted at least once a month. In addition to ensuring that fire

fighting evolutions are regularly practiced and equipment is regularly

used, the proposed requirements will ensure training covers the

contents of the muster list.

The proposed instruction requirement could be met in conjunction

with drills or by other means, such as viewing videotapes. If the

instruction is given during the course of a drill, it could cover one

of the drilled topics in depth, such as fighting fires involving

propulsion machinery, use of fire extinguishers, use of the fire main,

etc. Also, the instruction could be given in conjunction with other

company functions such as picnics, dinners, etc.

The recommendations of TSAC refer to the Navigation and Vessel

Inspection Circular 6-91, containing international guidelines. However,

towing vessels more closely resemble fishing industry vessels than

vessels which travel internationally. Therefore, the proposed

requirements are based on the requirements for commercial fishing

industry vessels contained in 46 CFR section 28.270.

Enforcement of the requirements proposed in Part 27. Towing vessels

are typically uninspected. No new inspection program is proposed for

these vessels. Compliance with these rules will be the responsibility

of vessel

[[Page 52063]]

owners, and would only be spotchecked by the Coast Guard during vessel

boardings.

Support for Emergency Control Systems

TSAC Recommendations

As required by the Authorization Act, we developed our regulations

in consultation with TSAC. They agreed that the most appropriate way to

address the problem of barges and tugs separating during transit is to

consider methods that prevent the separation from occurring, and should

separation occur, actions that might be taken to prevent the barge from

drifting ashore. They noted that the key link between the tug and the

barge is the tow line. To prevent the units from separating, tow wire

maintenance and voyage planning analysis must be factored into every

voyage. We have already given guidance for tow wire maintenance in the

Navigation and Vessel Inspection Circular (NVIC) 5-92, entitled

Guidelines for Wire Rope Towing Hawsers. TSAC recommended that we

provide guidance in the area of voyage planning through the development

of another NVIC. For details of their recommendation, see the voyage

planning section of this preamble. The suggested NVIC will be developed

in conjunction with this rulemaking.

TSAC also recommended that regulatory measures require two of three

response measures for unmanned barges:

(1) An operable anchor system on the barge that should:

(a) Be of appropriate size for the barge;

(b) Be deployed at least once per quarter;

(c) Have a functioning means for releasing the anchor that does not

endanger operating personnel; and

(d) Be inspected prior to getting underway. This inspection should

ensure that all devices required to release and drop the anchor are

operational;

(2) Each tug should carry a backup towline/hawser onboard, sized

for the bollard pull of the towing vessel, that can be readily deployed

with the barge's emergency towline; and

(3) Each tug should carry a backup towline/hawser onboard, sized

for the bollard pull of the towing vessel, that can be readily deployed

with the hook retrieval device.

As explained previously in this preamble, the Coast Guard proposes

to require only one of three response measures for tank vessels as

mandated by the Authorization Act.

TSAC also provided their recommendations to the Regional Risk

Assessment Team (RRAT), in New England, that formed to provide safety

recommendations following the grounding and oil spill of the tank barge

NORTH CAPE on January 19, 1996, off Moonstone Beach on the Rhode Island

coast.

Regional Risk Assessment Team

The Regional Risk Assessment Team, composed of representatives from

the public and private sectors, developed recommendations for the First

Coast Guard District. They provided these recommendations to the

Assistant Commandant for Marine Safety and Environmental Protection on

June 19, 1997, with the intent that the recommendations be used when

drafting these rules. The Coast Guard considered both the statutory

mandate and the recommendations from TSAC and the RRAT in developing

these rules.

Certain elements of the RRAT recommendation were excluded from the

rule. One such recommendation included both an anchor and a retrieval

system on a tank barge. The Authorization Act provided that one method

or another may be used and the Coast Guard decided that requiring both

an anchor and a retrieval system would impose unwarranted costs on the

industry. Other sections of RRAT either are or have been addressed in

other rulemakings or exceeded the scope of the rulemaking. The RRAT

report is available in the docket for this rulemaking.

Voyage Planning Analysis

We request comments on principles of voyage planning for

development of a NVIC. As stated in the recommendation of TSAC, voyage

planning is an essential element of prevention and has the potential to

interrupt the accident chain at its earliest links.

TSAC recommended that voyage planning analysis should include the

following:

(1) Companies should have documented policies and procedures in

place to address decision making criteria related to risk and route

analysis of voyages. Company management should ensure that the

following items have been considered:

(a) Current and long range (72 hour where available) weather

forecasts;

(b) ``Stay at sea vs. Come in to harbor'' policy decisions under

adverse weather and sea conditions (this should include consideration

of crew experience and training); and

(c) Equipment size, suitability, special equipment needs, and

manning under given weather conditions.

(2) Companies should establish a culture evidenced by formally

conveyed, documented policies and procedures stressing that safe

transit of people and equipment is paramount and takes precedence over

meeting schedules and financial considerations. Management should

ensure these policies permeate operations via personnel training and

management support.

The RRAT specified the minimum contents of a voyage plan to

include:

(1) type and volume of cargo transported;

(2) navigation charts for the intended route, applicable extracts

from publications including Coast Pilot, Coast Guard Light List, and

Coast Guard Local Notice to Mariners for the area;

(3) applicable current and forecasted weather conditions for the

duration of the voyage including visibility, wind, and sea state;

(4) extracts from tide and tidal current tables;

(5) forward and aft drafts for the tank barge;

(6) under-keel and air clearances for the port and/or berthing

area;

(7) pre-departure checklists to ensure that the vessel is ready for

the voyage;

(8) intended speed and estimated time of arrival at the anticipated

waypoints;

(9) communication contacts at Vessel Traffic Service, bridges,

facilities and VHF requirements specified to the port; and

(10) master's standing orders for closest points of approach,

special conditions, and critical maneuvers.

Safety Analysis

Risk is a function of the consequence of an event and the

likelihood of that event's occurrence. Safety measures aimed at

reducing high risk events can be grouped as either prevention or

response. Preventive measures interrupt the accident chain early in the

sequence of events, usually when the likelihood of an undesired

consequence is low. Response measures reduce undesired consequences

when the likelihood of an incident becomes high or once the incident

has occurred. Risk analysis tools help determine the appropriate

measures that should be used in given scenarios.

In each scenario, the failure mode is a barge running aground. The

undesired consequences are potentially serious injury to personnel,

environmental damage from spilled cargo, and economic costs resulting

from damage to vessels and equipment.

Three possible incident scenarios were considered. They were

developed assuming a fully loaded barge, since this

[[Page 52064]]

is the highest consequence condition. These scenarios occur under

reasonably foreseeable sea conditions. The first two scenarios occur

late in the accident chain when the likelihood of an incident is high.

This limits the analysis to response measures.

The first scenario involves a barge intentionally separated under

developing emergency conditions. The intentional separation may allow

the towing vessel to slow and take the way from the barge before

releasing control. Under these conditions, a crew member on board the

barge can deploy a conventional anchor to keep the barge from drifting

into shore and grounding.

The second scenario results when a towing vessel loses control of a

barge because of a ruptured tow line or tow wire. The loss of control

is unintentional and immediate and will result in run-away conditions

for the barge. A towing vessel with a retrieval system able to regain

control of the barge is the safest response measure for these

conditions. A conventional anchor is not capable of stopping a barge

with appreciable momentum. Deployment will probably result in damage to

the vessel and increase the likelihood of injury to the crew or damage

to the environment. However, the presence of a crew member on the barge

may facilitate the use of other means to regain control of the barge.

The last scenario involves a disabled towing vessel that has lost

control of an unmanned barge. These conditions are similar to those

experienced in the NORTH CAPE incident. In this case, only outside

assistance can mitigate the consequences. Preventive measures taken by

the towing vessel to avoid this scenario are the only reasonable

alternative. The fire prevention measures in this rule address one of

the most likely events which will disable a towing vessel underway.

Vessel owners are cautioned that fires are not the only failure mode

which can disable the vessel. Vessels towing unmanned barges should

take all reasonable precautions to avoid finding themselves in such

circumstances.

Incorporation by Reference

Material that would be incorporated by reference is noted as

follows: ABYC H-25 in Sec. 27.340(b); and, ABYC H-33 and Chapter 5 of

NFPA 302 in Sec. 27.340(g). The material is available for inspection

where indicated under ADDRESSES. Copies of the material are available

from: ABYC, 3069 Solomon's Island Road, Edgewater, Maryland 21037; and,

NFPA, 1 Batterymarch Park, Quincy, Massachusetts 02269.

Before publishing a binding rule, the Coast Guard will submit this

material to the Director of the Federal Register for approval of the

incorporation by reference.

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, l979).

A draft Regulatory Evaluation under paragraph 10e of the regulatory

policies and procedures of DOT is available in the docket for

inspection or copying where indicated under ADDRESSES. A summary of the

Evaluation follows:

Summary of Benefits

The principal benefits of this proposed rule are reduced

environmental damage and human casualties and environmental damage

caused by tank barge groundings resulting from a loss of propulsion or

tow line rupturings between a towing vessel and a tank barge. The

quantifiable benefits will accrue in the following areas: avoided

vessel and property damage, avoided injuries, avoided deaths and

missing persons, and avoided pollution. We realize the measures of the

proposed rule will not prevent all pollution, injuries, and damage.

Reality dictates that human error and environmental conditions will

result in future casualties, regardless of the new regulations.

Further, much of the required equipment is reactive, not preventative,

in nature and will not eliminate fires or breakaways altogether.

Therefore, an effectiveness range of avoided costs (benefits) was

determined for both fire protection and emergency control systems.

Using Coast Guard Marine Safety Management System database

information from the last 5 years, casualty information was reviewed

for the 172 cases indicating that fires broke out on towing vessels.

The casualty information was also reviewed for the 22 cases indicating

a towing wire rupture, which led to a break away tank barge. The

estimated benefit for each measure was calculated by reviewing the

casualty report and assessing if the casualty could have been prevented

through the proposed equipment. The actual amounts of oil spilled, the

number of deaths and injuries, and the actual dollar amount of damage

done to the vessel, pier, or other structures were tabulated.

The assessment indicated that over the 17 year period of the

analysis (1997 dollars), the fire suppression requirements will result

in benefits in an effectiveness range of $45.4 million to $68.2 million

in avoided vessel and property damage; an effectiveness range of $5.3

million to $7.9 million in avoided injuries; an effectiveness range of

$2.6 million to $4.0 million in avoided deaths and missing persons; and

an effectiveness range of 811,736 to 1.2 million gallons of unspilled

oil. During the period of time preceding the phaseout of single hull

tank vessels (4115 (a) of OPA 90), the emergency control system

requirements will result in benefits in a range of $190,301 to $285,452

in avoided vessel and property damage (1997 dollars); and a range of

11,529 to 17,293 gallons of unspilled oil.

There are other societal benefits. For example, it is impossible to

statistically quantify or assess a dollar value for the preservation of

the environment's integrity. Although these benefits are significant,

we cannot quantify them from the available data.

If the new equipment is effective on the low end of the range, the

total benefits are $53.6 million for avoided vessel and property

damage, injuries, deaths, and missing persons and 823,146 gallons

(20,582 barrels) of unspilled oil; if the equipment is effective on the

high end of the range, the total benefits are $80.4 million for avoided

vessel and property damage, injuries, deaths, and missing persons and

1.3 million gallons (30,872 barrels) of unspilled oil.

Summary of Costs

The present value of the one-time costs to the towing and barge

industries of installing the required fire suppression and anchoring

equipment is just over $19 million. This estimate is based on Coast

Guard research, as well as a TSAC questionnaire that identified the

proportion of vessels without the necessary equipment installed.

On average, if you own a towing vessel less than 24 meters (79

feet) in length, you will incur a cost of $2,300 to install the

equipment. If you own a vessel 24 meters (79 feet) or longer in length,

you will incur an installation cost of $3,500. These anticipated costs

recognize that most of the proposed requirements of this rulemaking are

presently installed on most towing vessels. For vessels which do not

have any of the equipment proposed by this rulemaking, the costs for a

towing vessel which is less than 24 meters in length

[[Page 52065]]

would be approximately $11,000, and the cost for a vessel which is 24

meters (79 feet) or longer in length would be approximately $21,000.

These costs assume that the vessel crew conducts a \1/2\ hour

annual inspection of the detection system, engine shutdown, and fire

pump/fire main system. These costs assume no maintenance will be

required in conjunction with these annual inspections, which would be

expected if quality equipment is used and properly installed, which the

estimated installation costs reflect. No recurring costs were

calculated for the general alarm, communications system, fire axe,

station bill, or fire drills and training.

No costs are anticipated for these requirements expected since

theyse are either expected to be equipment typically used on a regular

basis, items that normally do not expected to need maintenance, or, in

the case of fire drills and training, be activities conducted during

the course of normal activities operations. Also, these costs assume

that a professional servicing firm is contracted annually to inspect,

test, and maintain the fire extinguishers or fire extinguishing system,

whichever is installed.

If your vessel is one of the few not currently meeting one of the

anchoring or retrieval requirements, you will incur installation costs

estimated at $5,000. In the following years, there will be a

reoccurring annual maintenance, inspection, and repair costs of $55.00

per vessel (1997 dollars).

The total costs of this program are the combination of the industry

and governmental costs. The total present cost of this program (1997

dollars) is $26.0 million ($19.4 million initial industry cost + $5.5

million reoccurring industry costs + $1.1 million government costs).

Spread out over the 17 years of this rule analysis, the annual costs

are $1.5 million in 1997 dollars.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), (Pub

L. 104-4, 109 Stat. 48), requires Federal agencies to assess the

effects of certain regulatory actions on State, local, and tribal

governments, and the private sector. Under sections 202 and 205 of the

UMRA, the Coast Guard generally must prepare a written statement of

economic and regulatory alternatives for proposed and final rules that

contain Federal mandates. A ``Federal mandate,'' is a new or additional

enforceable duty, imposed on any State, local or tribal government, or

the private sector. If any Federal mandate causes those entities, to

spend, in the aggregate, $100 million or more in any one year the UMRA

analysis is required.

This action does not impose Federal mandates on any State, local or

tribal governments. This action does impose Federal mandates on the

private sector. However, the requirements in this proposed action will

not result in annual expenditures of $100 million or more. Therefore,

sections 202 and 205 of the UMRA do not apply.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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.

An Initial Regulatory Flexibility Analysis discussing the impact of

this proposed rule on small entities is available in the docket for

inspection or copying where indicated under ADDRESSES.

We are also proposing a two year phase in for most of the

requirements. This will allow small entities to explore the market,

plan and schedule installations during normal downtime periods, and

would provide some flexibility and accommodation for those affected by

the rulemaking.

Use of the proposed equipment is presently virtually a voluntary

industry standard, and vessels without the equipment are the exception,

not the norm. The costs of this proposal would consist of those

incurred by the marginal operators to achieve compliance. If you have

to purchase and install the equipment, the costs are low in comparison

to the value of your towing vessel and the costs associated with damage

caused by an accident and a resultant spill.

We certify that this proposed rulemaking will not result in a

significant economic impact on a substantial number of small entities.

There are exemptions for: certain yard and fleeting craft, pollution

response towing vessels, and rescue and assistance towing vessels from

this rulemaking. Furthermore, a large number of vessels are already in

compliance, and we provided phase-in periods for several provisions.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 847), 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 Morgan J. Hurley, P.E., (Fire

Protection) (202) 267-0172 or E-mail

[email protected]; LTJG Pat DeShon, (Emergency Control

Systems) (202) 267-0864 or E-mail [email protected]>.

Collection of Information

The 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 section 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 is the time for

reviewing instructions, searching existing sources of data, gathering

and maintaining the data needed, and completing and reviewing the

collection.

Title: Towing Vessel Safety.

Summary of the Collection of Information: This proposal contains

collection-of-information requirements in the following sections: 46

CFR sections 27.240 and 27.350.

OMB Control No.: 2115-0628.

Administration: U.S. Coast Guard.

Title: Navigation Safety Equipment for Towing Vessels.

Need for Information: Preparation of muster lists (station bills)

are intended to provide both an effective plan for assigning vessel

personnel stations and duties to perform in the event of an emergency

and a quick visual reference which a crew member can view to find out

where to go in emergency situations. To prepare and post these

documents, an amendment to existing OMB Control No. 2115-0628 is

required.

Burden of Response: It is estimated that masters or persons in

charge of towing vessels will expend the following personnel hours to

prepare and post muster lists:

Review NVIC 7-82 (sample format of vessel station bill):

\1/4\ hour

Prepare a muster list and post it on the vessel: 2 hours

Number of Respondents: Masters or persons in charge of affected

towing vessels operating in U.S. navigable waters.

[[Page 52066]]

Estimated Total Annual Burden: We estimate that the following

annual hours are required to complete the recordkeeping required by

this proposal:

Towing vessels--3,300 hours to develop and post muster

lists (we estimate only 20% of vessels affected do not presently have

completed muster lists posted).

Coast Guard--62 hours for check that muster lists are

completed and posted on vessels as required (we estimate 10% of

affected vessels checked annually).

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 information to be

collected; and (4) minimize the burden of the collection on those who

are to comply, as by providing additional guidance in the preparation

of muster lists or suggesting suitable alternatives.

Persons submitting comments on the collection of information should

submit their comments both to OMB and to the Coast Guard 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 notice in the Federal Register of OMB's

decision to approve, modify, or disapprove the collection.

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.

There is the possibility that this rulemaking will result in federal

regulations that preempt portions of state law on towing vessels and

tank barges. For instance, on June 30, 1997, the State of Rhode Island

enacted a State law entitled the ``Oil Spill Pollution Prevention and

Control Act.'' That Act promulgated the recommendations of the RRAT.

The recommendations of the RRAT and the provisions of the Rhode Island

State law cover areas that are addressed by the applicable provisions

in the Coast Guard Authorization Act of 1996 or the measures in this

proposed rule. Consequently, when these rules are published as final

and go into effect, they may preempt certain provisions of the Rhode

Island State law, or other State laws, that differ from or exceed Coast

Guard regulations. A complete preemption analysis will be conducted in

conjunction with publication of the Final Rule, which may reflect

changes from this proposal because of comment by the public.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that under paragraph 2.B.2.e.(34) (c) and

(d) of Commandant Instruction M16475.lB, this proposed 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

33 CFR Part 155

Hazardous substances, Oil pollution, Reporting and recordkeeping

requirements.

46 CFR Part 25

Fire prevention, Marine safety, Reporting and recordkeeping

requirements.

46 CFR Part 27

Fire prevention, Marine safety, Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 32

Cargo vessels, Fire prevention, Marine safety, Navigation (water),

Occupational safety and health, Reporting and recordkeeping

requirements, Seamen.

For the reasons discussed in the preamble, the Coast Guard proposes

to amend 33 CFR part 155, and 46 CFR parts 25 and 32, and to add 46 CFR

part 27, as follows:

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155 and the note following it

are revised to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715, 3719; sec.

2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

Sections 155.110-155.130, 155.350-155.400, 155.430, 155.440,

155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33

U.S.C. 1903(b); and Secs. 155.1110-155.1150 also issued under 33

U.S.C. 2735.

Note: Additional requirements for vessels carrying oil or

hazardous materials are contained in 46 CFR parts 30 through 36,

150, 151, and 153.

2. Revise Sec. 155.230 to read as follows:

Sec. 155.230 Emergency control systems for tank barges.

(a) Application. This section applies to tank barges and vessels

towing them on the territorial sea, high seas [these waters are defined

in part 2 of this chapter], or in Great Lakes service.

(b) Safety program. The vessels described in paragraph (a) of this

section must use at least one of the three following response measures:

(1) Measure 1. Barges may be manned and equipped with an operable

anchor system as required by 46 CFR 32.15-15. Because the anchoring

system is also to be used as the emergency control system, the owner of

the vessel towing a manned barge must ensure that--

(i) Operation and performance. The anchor is ready to be deployed

by one person within a reasonable response time and that the operator

of the anchoring system confers with the vessel master regarding

appropriate length of chain to be used.

(ii) Maintenance and inspections. Anchors, chains, and hawsers must

be inspected at the time of class survey or inspection for

certification. Scope of the inspection must include the operation and

performance criteria described in paragraph (b)(1)(i) of this section.

(iii) Training. All barge crew members must be thoroughly familiar

with the operation of the anchor.

(2) Measure 2. Vessels described in paragraph (a) may use an

emergency retrieval system that includes--

(i) Design. An emergency tow wire or tow line with the same towing

characteristics as the primary tow wire or tow line. The emergency tow

wire or tow line must be available on either the barge or the vessel

towing it. In addition, equipment to regain control of the barge and

continue towing (using the emergency tow wire or tow line) without

having to place personnel on the barge must be available on the towing

vessel.

(ii) Operation and performance. A stowage arrangement that ensures

the emergency tow wire or tow line is ready for immediate use in an

emergency, and all retrieval equipment is readily available throughout

the voyage.

(iii) Maintenance and inspection. The emergency towing and

retrieval system

[[Page 52067]]

must be inspected annually or at the time of class survey or inspection

for certification. The inspection must test the availability of the

retrieval system and verify maintenance of the emergency tow wire or

tow line.

(iv) Training. Towing vessel masters shall conduct a retrieval

drill annually. Drills must include actual operation of retrieval

systems but should be conducted so as to minimize risk to personnel and

the environment.

(3) Measure 3. Vessels described in paragraph (a) that do not meet

the requirements of paragraphs (b)(1) or (b)(2) must use another

measure, system, or combination of measures, approved by the Commandant

(G-MSE), that provides protection against grounding of the tank vessel

comparable to that provided by the systems and measures described in

paragraphs (b)(1) or (b)(2).

46 CFR PART 25--REQUIREMENTS

3. The authority citation for part 25 is revised to read as

follows:

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; 49 CFR

1.46.

4. In Sec. 25.30-10, revise paragraph (c) and Table 25.30-10(c) to

read as follows:

Sec. 25.30-10 Hand portable fire extinguishers and semiportable fire

extinguishing systems.

* * * * *

(c) The number designations for size start with ``I'' for the

smallest to ``V'' for the largest. Sizes I and II are considered hand

portable fire extinguishers and sizes III and V are considered semi-

portable fire extinguishing systems, which must be fitted with suitable

hose and nozzle or other practical means so that all portions of the

space concerned may be covered. Examples of the size graduations for

some of the typical hand portable fire extinguishers and semi-portable

fire extinguishing systems are set forth in this table.

Table 25.30-10(c)

----------------------------------------------------------------------------------------------------------------

Carbon

Foam, liters dioxide, Dry chemical,

Classification (gallons) kilograms kilograms

(pounds) (pounds)

----------------------------------------------------------------------------------------------------------------

B-I............................................................. 6.5 (1\3/4\) 2 (4) 1 (2)

B-II............................................................ 9.5 (2\1/2\) 7 (15) 4.5 (10)

B-III........................................................... 45 (12) 16 (35) 9 (20)

B-V............................................................. 150 (40) 45 (100) 23 (50)

----------------------------------------------------------------------------------------------------------------

5. Add part 27, consisting of Secs. 27.100 through 27.355, to read

as follows:

PART 27--TOWING VESSELS

Subpart A--General Provisions for Fire Protection on Towing Vessels

Sec.

27.100 What towing vessels are affected by this part?

27.101 Definitions.

Subpart B--If the Construction of a Towing Vessel Was Contracted

Before [Date 90 Days After the Effective Date of the Final Rule],

What Are the Required Fire Suppression Measures?

27.200 What are the requirements for an existing towing vessel?

27.205 What are the general alarm system requirements for an

existing towing vessel?

27.210 What are the fire detection requirements for an existing

towing vessel?

27.215 What are the internal communication requirements for an

existing towing vessel?

27.220 If an existing towing vessel is 24 meters (79 feet) or

longer in length, what are the fire pump, fire main, and fire hose

requirements?

27.221 If an existing towing vessel is less than 24 meters (79

feet) in length, what are the fire pump and fire hose requirements?

27.225 What type of portable fire extinguishers are required on an

existing towing vessel, in addition to the requirements of 46 CFR

subpart 25.30?

27.230 What are the remote engine shutdown or fuel shutoff

requirements for an existing towing vessel?

27.235 Is a fire axe required on an existing towing vessel?

27.240 What are the muster list requirements on an existing towing

vessel?

27.245 What are the requirements for the instruction, drills, and

safety orientations conducted on an existing towing vessel?

Subpart C--If the Construction of a Towing Vessel Was Contracted After

[Date 90 days from After the Effective Date of the Final Rule], What

are the Required Fire Suppression Measures?

27.300 What are the requirements for a new towing vessel?

27.305 What are the general alarm system requirements for a new

towing vessel?

27.310 What are the fire detection requirements for a new towing

vessel?

27.315 What are the internal communication requirements a new

towing vessel?

27.320 If a new towing vessel is 24 meters (79 feet) or longer in

length, what are the fire pump, fire main, and fire hose

requirements?

27.321 If a new towing vessel is less than 24 meters (79 feet) in

length, what are the fire pump and fire hose requirements?

27.325 If a new towing vessel is 24 meters or longer in length,

what type of fire extinguishing equipment is required, in addition

to the requirements of 46 CFR subpart 25.30?

27.326 If a new towing vessel is less than 24 meters in length,

what type of fire extinguishing equipment is required, in addition

to the requirements of 46 CFR subpart 25.30?

27.340 What are the fuel system requirements for a new towing

vessel?

27.345 Is a fire axe required on a new towing vessel?

27.350 What are the muster list requirements on a new towing

vessel?

27.355 What are the requirements for the instruction, drills, and

safety orientations conducted on a new towing vessel?

Authority: (46 U.S.C. 3306, 4102) Pub. L. 104-324, 110 Stat.

3901; 49 CFR 1.46.

Subpart A--General Provisions for Fire Protection on Towing Vessels

Sec. 27.100 What towing vessels are affected by this part?

(a) You must comply with this part if your towing vessel operates

on the navigable waters of the United States, unless your towing vessel

is described in paragraph (b) of this section.

(b) This part does not apply to you if your towing vessel is--

(1) Used solely within a limited geographic area, such as a

fleeting-area for barges or a commercial facility, 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) Exempted by the Captain of the Port (COTP). If you think your

towing

[[Page 52068]]

vessel should be exempt from these requirements for a specified route,

you should submit a written request to the appropriate COTP. The COTP

will provide you with a written response granting or denying your

exemption. The COTP will consider the extent of unsafe conditions that

would result if your towing vessel lost propulsion as a result of an

engine room fire.

Sec. 27.101 Definitions.

As used in this part--

Existing vessel means a towing vessel that is not a new towing

vessel.

New vessel means a towing vessel the initial construction of which

was contracted for on or after [date 90 days from after the effective

date of the final rule.]

Towing vessel means a commercial vessel engaged in, or intending to

engage in, pulling, pushing, or hauling alongside, or any combination

of pulling, pushing, or hauling alongside.

We means the United States Coast Guard.

You means the owner of a towing vessel, unless otherwise specified.

Subpart B--If the construction of a towing vessel was contracted

before [date 90 days after from the effective date of the final

rule], what are the required fire suppression measures?

Sec. 27.200 What are the requirements for an existing towing vessel?

You must ensure your towing vessel described in Sec. 27.100(a)

complies with Secs. 27.205 through 27.245.

Sec. 27.205 What are the general alarm system requirements for an

existing towing vessel?

(a) By [date 2 years after the effective date of the final rule],

you must ensure your towing vessel is fitted with an audible or visual

general alarm system that--

(1) Has a contact-maker at the operating station that can notify

persons on board in the event of an emergency.

(2) Is capable of notifying persons in any accommodation or work

space.

(3) In a work space where background noise makes a general alarm

system hard to hear, has a flashing red light that is identified with a

sign that reads:

(i) Attention.

(ii) General Alarm--When Alarm Sounds or This Light Flashes Go to

Your Station.

(4) Is tested at least once each week.

(b) You may use a public address system or other means of alerting

all persons on your towing vessel instead of a general alarm system,

provided the equipment is capable of notifying persons in any

accommodation or work space or the engine room, is tested at least once

each week, and can be activated from the pilot house.

Sec. 27.210 What are the fire detection requirements for an existing

towing vessel?

By [date 2 years after the effective date of the final rule], a

fire detection system must be installed on your existing towing vessel

to protect the engine room. You must ensure that--

(a) The detectors are located on the overhead in the engine room

and that they are suitably protected, if they can be physically

damaged.

(b) All points on the engine room overhead are within 3 meters (10

feet) of a detector.

(c) The system is arranged and installed so a fire in the engine

room automatically alarms visibly and audibly in the pilot house.

(d) Detectors, detecting cabinets, and alarms are approved under 46

CFR 161.002.

(e) Heat detectors are rated between 57 and 74 degrees Celsius (135

and 165 degrees Fahrenheit). In spaces where a high ambient temperature

may be expected, detectors must be rated between 74 and 107 degrees

Celsius (165 and 225 degrees Fahrenheit).

(f) The fire detection system is used for no other purpose.

Sec. 27.215 What are the internal communication requirements for an

existing towing vessel?

By [date 2 years after the effective date of the final rule], you

must ensure your existing towing vessel is fitted with a communication

system between the engine room and wheel house that--

(a) Is comprised of either fixed or portable equipment, such as a

sound-powered telephone or other reliable voice communication method,

that is independent of the electrical system on your towing vessel; and

(b) Provides two-way voice communication and calling between the

pilot house and either--

(1) The engine room, or

(2) A location immediately adjacent to an exit from the engine

room.

Sec. 27.220 If an existing towing vessel is 24 meters (79 feet) or

longer in length, what are the fire pump, fire main, and fire hose

requirements?

By date 2 years after the effective date of the final rule], you

must ensure a self priming, power driven, fixed fire pump and fire main

are installed on your existing towing vessel as follows:

(a) The fire pump must be capable of--

(1) Delivering water simultaneously from the two highest hydrants,

or from both branches of the fitting if the highest hydrant has a

Siamese fitting, at a pitot tube pressure of at least 344 kPa (50 psi)

and a flow rate of at least 300 liters per minute (80 gpm).

(2) Being energized from the operating station and from the pump.

(b) The fire main must have a sufficient number of fire hydrants to

reach any part of the machinery space using a single length of fire

hose.

(c) A fire hose on your towing vessel must be--

(1) Connected to each fire hydrant at all times the vessel is

operating.

(2) Lined commercial fire hose at least 40mm (1\1/2\ inches) in

diameter, 15 meters (50 feet) in length and fitted with a nozzle made

of corrosion-resistant material capable of providing a solid stream and

a spray pattern.

Sec. 27.221 If an existing towing vessel is less than 24 meters (79

feet) in length, what are the fire pump and fire hose requirements?

By [date 2 years after the effective date of the final rule], you

must ensure a fire pump and hose are installed on your existing towing

vessel as follows:

(a) Your towing vessel must have a self-priming, power-driven,

fixed or portable fire pump that has--

(1) A minimum capacity of 189 liters (50 gallons) per minute at a

pitot tube pressure of not less than 414 kPa (60 psi), as measured at

the pump discharge,

(2) A hydrant with a sufficient amount of hose attached, or if

using a portable pump, a sufficient amount of hose immediately

available to attach to the pump, so that a stream of water from the

fire pump and hose will reach any part of the vessel, and

(3) An attached hose must be at least 16 millimeters (\5/8\ inch)

nominal diameter, of good commercial grade and fitted with a nozzle of

corrosion-resistant material capable of providing a solid stream and a

spray pattern.

(b) You must stow the fire pump and hose outside of the machinery

space.

Sec. 27.225 What type of portable fire extinguishers are required on

an existing towing vessel, in addition to the requirements of 46 CFR

subpart 25.30.30?

By [date 2 years after the effective date of the final rule], you

must have portable fire extinguishers on your existing towing vessel as

follows:

(a) If your vessel is 24 meters (79 feet) or longer in length, you

need an approved B-V semi-portable fire extinguisher.

(b) If your vessel is less than 24 meters (79 feet) in length, you

need an approved B-III portable fire extinguisher.

[[Page 52069]]

(c) You may use a fixed fire extinguishing system that satisfies 46

CFR subpart 76.15 instead of the extinguishers required by this

section.

Sec. 27.230 What are the remote engine shutdown or fuel shutoff

requirements for an existing towing vessel?

By [date 2 years after the effective date of the final rule], you

must have a remote main engine shutdown or fuel shutoff valve installed

on your vessel that is located outside of the machinery space.

Sec. 27.235 Is a fire axe required on a an existing towing vessel?

By [date 90 days after the effective date of the final rule], you

must ensure a fire axe is on board your towing vessel.

Sec. 27.240 What are the muster list requirements on an existing

towing vessel?

By [date 90 days after the effective date of the final rule], your

existing towing vessel must have a muster list satisfying Sec. 27.350.

Sec. 27.245 What are the requirements for the instruction, drills, and

safety orientations conducted on an existing towing vessel?

You must ensure on-board drills and instruction comply with

Sec. 27.355. Subpart C-If the Construction of a A Towing Vessel Was

Contracted After [90 days from after the effective date of the final

rule], What Are the Required Fire Suppression Measures?

Sec. 27.300 What are the requirements for a new towing vessel?

If this subpart applies to your towing vessel as described in

Sec. 27.100(a), then you must ensure your new towing vessel complies

with Secs. 27.300 through 27.355.

Sec. 27.305 What are the general alarm system requirements for a new

towing vessel?

(a) You must ensure your new towing vessel is fitted with an

audible and visual general alarm system that--

(1) Has a contact-maker at the operating station that can notify

persons on board in the event of an emergency.

(2) Is capable of notifying persons in any accommodation or work

space.

(3) Is tested before operation of the vessel and at least once each

week thereafter.

(b) The system's general alarm bells must be--

(1) Fitted in accommodation spaces, work spaces, and the engine

room, and

(2) Identified with a flashing red light and a sign with red

lettering at least 13 millimeters (\1/2\ inch high) as follows:

(i) Attention.

(ii) General Alarm--When Alarm Sounds or This Light Flashes Go to

Your Station.

(c) You may use a public address system or other means of alerting

all persons on your towing vessel instead of a general alarm system,

provided the equipment is capable of notifying persons in any

accommodation or work space or the engine room, is tested at least once

each week, and can be activated from the pilot house.

Sec. 27.310 What are the fire detection requirements for a new towing

vessel?

A fire detection system must be installed on your new towing vessel

to protect the engine room. You must ensure that--

(a) The detectors are located on the overhead in the engine room

and that they are suitably protected if they can be physically damaged.

(b) All points on the engine room overhead are within 3 meters (10

feet) of a detector.

(c) The system is arranged and installed so a fire in the engine

room is automatically alarmed visibly and audibly in the pilot house.

(d) Detectors, detecting cabinets, and alarms are approved under 46

CFR 161.002.

(e) Heat detectors are rated between 57 and 74 degrees Celsius (135

and 165 degrees Fahrenheit) except in spaces where a high ambient

temperature may be expected, where detectors must be rated between 74

and 107 degrees Celsius (165 and 225 degrees Fahrenheit).

(f) The fire detection system is used for no other purpose.

Sec. 27.315 What are the internal communication requirements for a new

towing vessel?

You must ensure your new towing vessel is fitted with a

communication system between the engine room and wheel house that--

(a) Is permanently installed and uses a means of communication and

calling such as a sound-powered telephone or other reliable voice

communication method that is independent of the electrical system on

your towing vessel; and

(b) Provides two-way voice communication and calling between the

pilot house and either--

(1) The engine room, or

(2) A location immediately adjacent to an exit from the engine

room.

Sec. 27.320 If a new towing vessel is 24 meters (79 feet) or longer in

length, what are the fire pump, fire main, and fire hose requirements?

You must ensure a self priming, power driven, fixed fire pump and

fire main are installed on your towing vessel as follows:

(a) The fire pump must be capable of--

(1) Delivering water simultaneously from the two highest hydrants,

or from both branches of the fitting if the highest hydrant has a

Siamese fitting, at a pitot tube pressure of at least 344 kPa (50 psi)

and a flow rate of at least 300 liters per minute (80 gpm).

(2) Being energized from the operating station and from the pump.

(b) The fire main must have a sufficient number of fire hydrants to

reach any part of the machinery space using a single length of fire

hose.

(c) Each fire hose on your towing vessel must be--

(1) Connected to each fire hydrant at all times the vessel is

operating.

(2) Lined commercial fire hose at least 40mm (1\1/2\ inches) in

diameter, 15 meters (50 feet) in length and fitted with a nozzle made

of corrosion-resistant material capable of providing a solid stream and

a spray pattern.

(d) The fire pump and fire main must be independent of the bilge

and ballast system.

Sec. 27.321 If a new towing vessel is less than 24 meters (79 feet) in

length, what are the fire pump and fire hose requirements?

(a) Your new towing vessel must have a self-priming, power-driven,

fixed or portable fire pump that has--

(1) A minimum capacity of 189 liters (50 gallon) per minute at a

pitot tube pressure of not less than 414 kPa (60 psi) as measured at

the pump discharge,

(2) A hydrant with sufficient amount of hose attached, or if using

a portable pump, a sufficient amount of hose immediately available to

attach to the pump, so that a stream of water from the fire pump and

hose will reach any part of the vessel, and

(3) An attached hose of at least 16 millimeters (\5/8\ inch)

nominal diameter, of good commercial grade, and fitted with a nozzle of

corrosion-resistant material capable of providing a solid stream and a

spray pattern.

(b) The fire pump and hose are stowed outside of the machinery

space.

Sec. 27.325 If a new towing vessel is 24 meters or longer in length,

what type of fire extinguishing equipment is required in addition to

the requirements of 46 CFR subpart 25.30?

You must ensure the following additional fire extinguishing

equipment is on board the vessel:

(a) An approved B-V semi portable fire extinguisher, or

(b) A fixed fire extinguishing system that satisfies 46 CFR 76.15.

[[Page 52070]]

Sec. 27.326 If a new towing vessel is less than 24 meters in length,

what type of fire extinguishing equipment is required in addition to

the requirements of 46 CFR subpart 25.30?

You must ensure an additional one of the following is on the new

towing vessel:

(a) An approved B-III portable fire extinguisher, or

(b) A fixed extinguishing system that satisfies 46 CFR 76.15.

Sec. 27.340 What are the fuel system requirements for a new towing

vessel?

(a) Except for the components of an outboard engine or portable

bilge pump or fire pumps, you must ensure that each fuel system

installed on board the vessel meets the requirements of this section.

(b) Portable fuel systems. Portable fuel systems, including

portable tanks and related fuel lines and accessories, are prohibited

on the vessel, except where used for outboard engines, or are

permanently attached to portable equipment such as portable bilge or

fire pumps. The design, construction, and stowage of portable tanks and

related fuel lines and accessories must meet the requirements of ABYC

H-25.

(c) Fuel restrictions. Except for outboard engines, or where

otherwise accepted by the Commandant (G-MSE), you may not use fuel

other than bunker C or diesel. An installation using bunker C must

comply with the requirements of subchapter F of this chapter.

(d) Vent pipes for integral fuel tanks. Each integral fuel tank

must meet the requirements of this paragraph as follows:

(1) Each fuel tank must be fitted with a vent pipe connected to the

highest point of the tank terminating in a 3.14 radian (180 degree)

bend on a weather deck and fitted with a 30 x 30 mesh flame screen.

(2) Except when provision is made to fill a tank under pressure,

the net cross-sectional area of the vent pipe for a fuel tank must not

be less than 312.3 square millimeters (0.484 square inches).

(3) When provision is made to fill a tank under pressure, the net

cross-sectional area of the vent pipe must not be less than that of the

fill pipe.

(e) Fuel piping. Except as permitted in paragraphs (e)(1) and

(e)(2) of this section, each fuel line must be seamless and made of

steel, annealed copper, nickel-copper, or copper-nickel. Each fuel line

must have a wall thickness of not less than 0.9 millimeters (0.035

inch) except that:

(1) Aluminum piping is acceptable on an aluminum hull vessel

provided it is installed outside the machinery space and is at least

Schedule 80 in thickness; and

(2) Nonmetallic flexible hose is acceptable but must--

(i) Not be used in lengths of more than 0.82 meters (30 inches);

(ii) Be visible and easily accessible;

(iii) Must not penetrate a watertight bulkhead;

(iv) Be fabricated with an inner tube and a cover of synthetic

rubber or other suitable material reinforced with wire braid.

(v) Be fitted with suitable, corrosion-resistant, compression

fittings; and

(vi) Be installed with two clamps at each end of the hose, if

designed for use with clamps. Clamps must not rely on spring tension

and must be installed beyond the bead or flare or over the serrations

of the mating spud, pipe, or hose fitting.

(f) A fuel line subject to internal head pressure from fuel in the

tank must be fitted with a positive shutoff valve, located at the tank

that is operable from a safe location outside the space in which the

valve is located.

(g) New towing vessels less than 24 meters (79 feet) in length may

comply with one of the following standards instead of the requirements

of paragraphs (e) and (f) of this section.

(1) ABYC H-33.

(2) Chapter 5 of NFPA 302.

(3) 33 CFR Chapter I, subchapter S (Boating Safety).

Sec. 27.345 Is a fire axe required on a new towing vessel?

You must ensure a fire axe is on your new towing vessel.

Sec. 27.350 What are the muster list requirements on a new towing

vessel?

You must ensure the new towing vessel has a muster list posted in

conspicuous location accessible to the crew that, at a minimum,

fulfills the requirements of this section. The muster list must

identify at least the following information:

(a) The fire and emergency signal;

(b) Fire fighting responsibilities for each crew member such as--

(1) Mustering of personnel.

(2) Manning of fire parties.

(3) Special duties required for the operation of fire fighting

equipment.

(4) Guidelines for fighting a fire, such as--

(i) Use portable fire extinguishers only for small fires.

(ii) Deenergize the electrical systems supplying the affected

space, if possible.

(iii) Use water for fires involving ordinary combustible materials.

Do not use water on electrical fires.

(iv) If unable to control an engine room fire using portable

extinguishers, evacuate the space and activate the fixed extinguishing

system, if installed.

(v) Maneuver the vessel to minimize the effect of wind on the fire.

(vi) Immediately notify the Coast Guard and other vessels in the

vicinity.

Sec. 27.355 What are the requirements for instruction, drills, and

safety orientations conducted on a new towing vessel?

(a) Drills and instruction. You must ensure that drills are

conducted and instruction is given to each person on board at least

once each month. Instruction may be provided in conjunction with drills

or at other times and places, provided the instruction ensures that

persons are familiar with their duties and their responses to at least

the following contingencies:

(1) Fighting a fire in the engine room and other locations on board

the vessel;

(2) Activating the general alarm;

(3) Reporting inoperative alarm systems and fire detection systems;

and

(4) Putting on a fireman's outfit and a self-contained breathing

apparatus, if the vessel is so equipped.

(b) Participation in drills. Drills must be conducted on board the

towing vessel, as if there were an actual emergency. These drills must

include:

(1) Participation by all persons on board,

(2) Breaking out and using emergency equipment,

(3) Testing of all alarm and detection systems, and

(4) Individuals putting on protective clothing, if the vessel is so

equipped.

(c) Training. The instruction and drills conducted on your towing

vessel, as required by this section, must be performed by an individual

trained in the proper procedures for conducting the activity. Anyone

licensed for operation of inspected vessels of 100 gross tons or more

meets this requirement.

(d) You may substitute the requirement for instruction in paragraph

(a) of this section by the viewing of videotapes concerning at least

the contingencies listed in paragraph (a), followed by a discussion led

by someone familiar with these contingencies. This instruction can may

be conducted on or off the vessel. However, this does not satisfy the

requirement for drills in paragraph (b) of this section or for the

safety orientation in paragraph (e) of this section.

(e) Safety orientation. The master or person in charge of a vessel

must ensure that a safety orientation is given to each person on board

who has not received the instruction and has not participated in the

drills required by paragraph (a) before the vessel may be operated.

(f) The safety orientation must explain the muster list required by

Sec. 27.350 and cover the specific evolutions listed in paragraph (a).

Note to Sec. 27.355: The person conducting the drills and

instruction need not be the master, person in charge of the vessel,

or a member of the crew.

[[Page 52071]]

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIRMENTS

6. The authority citation for part 32 is revised to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR

58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also

issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat.

515.

7. In Sec. 32.15-15, revise paragraphs (a) and (d); and add new

paragraphs (e) and (f) to read as follows:

Sec. 32.15-15 Anchors, Chains, and Hawsers-TB/ALL.

(a) Application. The provisions of this section, with the exception

of paragraphs (d) and (e), apply to every tankship and manned seagoing

barge constructed on or after June 15, 1987. Tankships and manned

seagoing barges constructed prior to June 15, 1987 must meet the

requirements of paragraphs (d) and (f) of this section. Manned barges

equipped with anchors to comply with 33 CFR 155.230(b)(1) must meet the

requirements of paragraphs (e) and (f) of this section.

* * * * *

(d) Tankships and barges constructed prior to June 15, 1987. For

tankships and manned seagoing barges constructed prior to June 15,

1987, with the exception of manned barges equipped with anchors to

comply with 33 CFR 155.230(b)(1), the installations previously accepted

or approved will be considered satisfactory for the same service so

long as they are maintained in good condition to the satisfaction of

the Officer in Charge, Marine Inspection. If the service of the tank

vessel is changed, the suitability of the equipment will be evaluated

by the Officer in Charge, Marine Inspection.

(e) Manned barges equipped with anchors to comply with 33 CFR

155.230(b)(1). Manned barges equipped with anchors to comply with 33

CFR 155.230(b)(1) must be fitted with operable anchor systems that

include anchors, chains, and hawsers in general agreement with the

standards established by the American Bureau of Shipping. The current

standards of other recognized classification societies may also be

accepted upon approval by the Commandant.

(f) Operation and performance. Anchors, exposed portions of chain,

and hawsers must be visually inspected prior to getting underway and

stowed so that the anchor is ready for immediate use in an emergency.

The vessel must have a functioning means for releasing the anchor that

does not endanger operating personnel.

Dated: September 30, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety

and Environmental Protection.

[FR Doc. 97-26304 Filed 10-3-97; 8:45 am]

BILLING CODE 4910-14-P