Fire Protection Measures for Towing Vessels

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 27

[USCG-1998-4445]

RIN 2115-AF66

Fire Protection Measures for Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule implements measures for the early detection

and control of fires on towing vessels. These measures increase the

chances of fighting a fire with early warnings and better

communications, and controlling the fire with shut-off valves and

training and drills. The rule should decrease the number and severity

of injuries to vessels' crews, prevent damage to vessels, structures

and other property, and reduce the likelihood of a tank barge's

drifting, grounding, and ultimately spilling its cargo.

DATES: Effective Date: This interim rule is effective January 19, 2000.

Comment Date: Comments must reach the Docket Management Facility on

or before December 20, 1999.

The incorporation by reference of certain publications listed in

the rule is approved by the Director of the Federal Register on January

19, 2000.

ADDRESSES: You may submit your comments and material by mail, hand

delivery, fax, or electronic means to the Docket Management Facility at

the address under ADDRESSES; but please submit your comments and

material by only one of the following methods:

1. By mail to the Docket Management Facility (USCG-1998-4445), U.S.

Department of Transportation , room PL-401, 400 Seventh Street SW.,

Washington, DC 20590-0001.

2. By hand delivery to room PL-401 on the Plaza level of the Nassif

Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5

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

[[Page 56258]]

The telephone number is 202-366-9329.

3. By fax to Docket Management Facility at 202-493-2251.

4. Electronically through the Web Site for the Docket Management

System at http://dms.dot.gov.

The Docket Management Facility maintains the public docket for this

rulemaking. Comments, and documents as indicated in this preamble other

than material proposed for incorporation by reference, will become part

of this docket and will be available for inspection or copying at room

PL-401 on the Plaza level of the Nassif Building at the same address

between 9 a.m. and 5 p.m., Monday through Friday, except Federal

holidays. You may also access this docket on the Internet at http://

dms.dot.gov.

The material incorporated by reference is available for inspection

at room 1308, U.S. Coast Guard Headquarters, 2100 Second Street SW.,

Washington, DC 20593-0001 between 9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The telephone number is 202-267-1444.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact

Randall Eberly, P. E., Office of Design and Engineering Standards (G-

MSE), Coast Guard, telephone 202-267-1861, electronic mail

R[email protected]. For questions on viewing or submitting material

to the docket, contact Dorothy Walker, Chief, Dockets, Department of

Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to participate in this rulemaking by

submitting comments and related material. If you do so, please include

your name and address, identify the docket number for this rulemaking

(USCG-1998-4445), indicate the specific section of this document to

which each comment applies, and give the reason for each comment. If

you submit comments by mail or hand delivery, submit them in an unbound

format, no larger than 8\1/2\ by 11 inches, suitable for copying and

electronic filing. If you submit them by mail and would like to know

they reached the Facility, please enclose a stamped, self-addressed

postcard or envelope. We will consider all comments and material

received during the comment period. We may change this interim rule in

view of the comments.

Public Meeting

We do not now plan to hold a public meeting. But you may request

one by submitting a request to the Docket Management Facility at the

address under ADDRESSES explaining why one would be beneficial. If we

determine that one would aid this rulemaking, we will hold one at a

time and place announced by a later notice in the Federal Register.

Background and Purpose

On January 19, 1996, the tugboat SCANDIA, with the tank barge NORTH

CAPE in tow, caught fire five miles off the coast of Rhode Island.

Crewmembers could not control the fire and, without power, they were

unable to prevent the barge carrying 4 million gallons of oil from

grounding and spilling about a quarter of its contents into the coastal

waters. The NORTH CAPE spill led Congress to add, by Sec. 902 of the

1996 Coast Guard Authorization Act (Pub. L. 104-324) (the Authorization

Act), a new subsection, (f), to 46 U.S.C. 4102, to permit the Secretary

of Transportation--``in consultation with the Towing Safety Advisory

Committee'' (TSAC)--to require fire-suppression measures on all towing

vessels. We published a notice of proposed rulemaking (NPRM) on safety

of towing vessels and tank barges [CGD 97-064] [RIN 2115-AF-53] on

October 6, 1997 (62 FR 52057).

Statutory Mandate

Section 902 of the Authorization Act gave the Coast Guard the

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

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

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

Authorization Act did not just give the Coast Guard the authority; it

mandated that the Coast Guard develop these requirements. The

requirements that the Coast Guard is establishing in this rule are

based, in part, on recommendations from the TSAC.

Regulatory Approach

New Fire Protection Rules Apply to Most Towing Vessels

This interim rule prescribes that most towing vessels must be

fitted with--

General alarms,

Engine-room fire detection systems,

Internal communication systems, and,

Remote fuel-shutoff valves.

Furthermore, fire-fighting drills must be conducted and training

requirements need to be established for crews on towing vessels.

Towing vessels that engage only in assistance towing, pollution

response, or fleeting duties are exempted from the measures included in

this IR. This rule applies to all other towing vessels, not just those

over a certain length or those that tow non-self-propelled tank

vessels. Owners of existing towing vessels have until January 19, 2000,

to install the required equipment. There were 155 reported fires on

towing vessels from 1992-1996, and many of them occurred in the engine

room. Each of these fires was a potential danger to the crew or

obstruction to maritime commerce, and each resulted in property damage.

Many of these fires resulted in a total constructive loss of the

vessel, and several required the use of outside resources to bring

under control. Also, the TSAC recommended that we apply this rule to

towing vessels regardless of service so operators could maintain

flexibility over the cargoes that they may tow.

The TSAC recommended that we apply this rule only to vessels at

least 12 meters in length. Limiting application of this rule to those

vessels, however, would not meet the intent of the mandate in the

Authorization Act, which did not distinguish among vessels by length.

The Act mandated the installation of fire-suppression measures on

vessels that tow non-self-propelled tank vessels (barges); vessels that

are less than 12 meters in length could be and often are engaged in

towing such barges. Also, the Coast Guard is concerned that a fire that

results in loss of propulsion and navigation capability could occur on

any towing vessel, regardless of length.

Requirement for a Fire-Suppression System

This interim rule does not implement any requirements for fixed

fire-suppression systems on towing vessels. In the NPRM, we expressed

our position that gaseous suppression systems may not be effective on

certain existing vessels. Those systems need relatively airtight

enclosures to maintain extinguishing concentrations. Many existing

towing vessels are constructed with engine rooms that would not be

sufficiently airtight. Because of this possible constraint on the

application of total-flooding systems to existing vessels, we proposed

a combination of early-warning fire-detection systems, semi-portable

fire extinguishers, fixed or portable fire pumps, and crew training as

alternative means of fire protection. During the comment period for the

NPRM, we received numerous comments critical of these alternative

measures. Many of the comments felt that the measures did not meet the

intent of the Authorization Act, because they would not require total-

flooding fire-extinguishing systems. Further, the

[[Page 56259]]

comments felt that the measures did not consider vessels'

characteristics, methods of operation, and nature of service, nor did

they differentiate between ocean-going tugboats and inland towboats. We

have carefully considered these comments and have decided to implement

the lower cost, non-controversial measures in this interim rule, while

we continue our review of the other measures. The rule reflects a

number of limited changes based on public comments and are discussed

below. It drops the sections of the proposed rule that concerned manual

fire-fighting and fixed fire-extinguishing systems, to allow additional

consideration and comment under a separate Supplemental Notice of

Proposed Rulemaking (SNPRM) on fire-suppression systems and other

measures for towing vessels [CGD 97-064] [RIN 2115-AF-53].

Discussion of Comments and Changes

The Coast Guard received a total of 54 documents containing 208

comments to the public docket of the NPRM on Towing Vessel Safety.

Comments consisted of letters to the docket and remarks at the public

meetings in St. Louis, MO and Newport, RI. The 67 comments relating to

systems for anchoring and barge retrieval were addressed in a separate

rulemaking [63 FR 71754; Dec. 30, 1998] on emergency control measures

for tank barges (USCG 1998-4443). The remaining 141 comments were

concerned with suppressing and fighting fires. All comments concerning

fixed fire-suppression systems, fire pumps, fire hoses and hydrants, or

semi-portable fire extinguishers will be addressed in the SNPRM on fire

suppression. Comments on other issues of fire protection raised in the

NPRM are addressed in this interim rule. The following paragraphs

summarize the comments and explain any changes made to the proposed

rules for fire protection.

1. General

Eleven comments stated that the proposed rule would not meet the

intent of the Authorization Act, because it would not require total-

flooding fire-extinguishing systems for all towing vessels, or at least

not for all towing vessels used to transport oil and other hazardous

substances. Additionally, the proposed rule does not consider vessel

characteristics, methods of operation, or nature of service, nor does

it differentiate between ocean-going tugboats and inland towboats.

Our proposed rule would have established minimum criteria for

manual fire-fighting equipment and for the training of crews on all

towing vessels. Many of the public comments were critical of this

approach. Their primary concern was for the safety of the crewmembers

expected to fight the fires. Other comments noted that the greatest

fire hazard on towing vessels is an engine-room fire caused by a fuel

leak. Unless fire-fighting equipment used to fight an engine-room fire

is installed in a protected location away from the engine room, it

could be damaged by a fire. Fire pumps and generators used to power the

fire pumps are generally located in the engine room. Aboard many towing

vessels, there is no other space where they could be installed. The

same concern was expressed about the location of the semi-portable fire

extinguisher that we proposed. Many of the commenters felt that manual

fire-fighting equipment would meet with limited success on an engine-

room fire, unless self-contained breathing apparatus and personal

protective gear (which the NPRM did not propose) were provided to the

crew. Even then, the effectiveness of manual fire-fighting equipment

would be limited in contrast to that of fixed fire-suppression systems.

We are reconsidering the application of fixed fire-suppression systems

and semi-portable fire extinguishers to all vessels. We will revisit

these in the SNPRM.

One comment requested that we amend the proposed rule to require

that all towing vessels transporting oil or other hazardous cargoes

comply with the same standards for construction and safety applied to

self-propelled tank vessels (46 CFR Subchapter D). It urged that

criteria for construction, manning, and inspection are essential to

ensure the safe transport of hazardous cargoes. The proposed rule would

not go far enough, it held, in applying rules on fire and safety to

towing vessels. Such a change is outside the scope of this rulemaking,

and we did not incorporate it.

One comment indicated that many operating vessels already have

systems for fire detection, fire extinguishing, general alarm, and

internal communication that are functional but that would not meet the

approval criteria in the proposed rule. The comment argued that such

existing equipment should be accepted, as is. We note the concerns of

this comment and have partially incorporated them in this interim rule.

Existing fire-detection systems that use Underwriters Laboratory (UL),

Inc.-listed components, and are installed according to specific

criteria (listed in Secs. 27.210 and 27.310), will now be accepted. We

will require that vessel owners have documentation from a Registered

Professional Engineer or a recognized classification society (under 46

CFR part 8) certifying that existing fire-detection systems satisfy our

criteria. Existing systems for general alarm and internal communication

need not meet any approval criteria. They need only be capable of

functioning as stated in this rule. Existing fire-extinguishing systems

will be the subjects of the SNPRM.

One comment felt that the proposed requirements for towing vessels

are overly restrictive when compared to the requirements for other

types of vessels. The comment recommended that we change the proposed

rule to mandate a fire prevention program in conjunction with standards

for housekeeping and preventive maintenance as a substitute for the

proposed systems for detecting and extinguishing fires. We do not agree

with this comment. The administrative controls that the comment

recommends are one element of successful fire protection. The proposed

controls alone do not provide an adequate level of fire protection. The

incidence and consequences of potential fires cannot be realistically

predicted. Our rule, therefore, requires the set of equipment necessary

to provide a minimum level of protection against possible fires.

One comment expressed concern that a vessel without an auxiliary

generator could not provide electrical power for a fire pump. We note

this concern and will address it further in the SNPRM.

Several comments requested that vessels, 12 meters or less in

length, should be exempted from the proposed rule. We do not agree with

these comments. As we previously stated (in the preamble to the NPRM),

this would not meet the intent of the Authorization Act, because the

Act does not vary its applicability based on vessel length. We are

concerned about possible fires on any towing vessel regardless of its

length.

Several comments stated that the proposed rule should not apply to

all towing vessels, but should apply only to towing vessels used to

transport oil and other hazardous substances. We noted in the NPRM our

concern about possible fires on any towing vessel--regardless of

service or materials transported. The rule, as proposed, is intended to

provide a minimum level of fire protection for all towing vessels. As

previously noted, the requirements for fixed fire-extinguishing systems

in the engine rooms of towing vessels remain under review. The SNPRM

will consider the need for fixed extinguishing systems, taking into

account the service of the

[[Page 56260]]

vessel as well as the hazard level of the cargoes being transported.

One comment suggested that we require emergency lighting in the

engine room. We agree in principle with the comment that emergency

lighting may enhance access to the engine room during an emergency.

However, we have not amended the proposed rule to require this. We

expect that most towing vessels carry battery-powered flashlights and

portable lanterns that are used daily. If so, it is a reasonable

expectation that these lights would work when needed. We expect that

these portable lights would be sufficient for use in emergencies.

Several comments expressed the view that the crew should not have

to perform as a fire brigade. They said that this would unnecessarily

expose the crew to danger. Instead, they felt that a more prudent

approach would be to abandon the vessel, or to rely on fixed fire-

suppression equipment. We note this concern and will address it further

in the SNPRM.

One comment recommended that we extend the implementation date for

the installation of the required fire-protection equipment. This would

allow vessel operators the option of installing the required equipment

at the next scheduled yard date rather than within the specified two-

year period. The comment notes that, if all operators are required to

install the fire-protection equipment during the same two-year cycle,

suppliers of the equipment will face a backlog of orders that could

prevent timely completion of the installations. We do not agree with

the comment. The proposed two-year limit for complying, in conjunction

with the time taken to complete the rulemaking, affords existing towing

vessel operators more than ample opportunity to order and install the

required equipment.

2. Definitions

One comment suggested that definitions of several terms were needed

to clearly understand the proposed rule. The unclear terms were

operating station, accommodation space, contact maker, fire-detection

system, pitot-tube pressure, working area, and machinery space. We

agree with this comment. We discuss the term fire-detection system

further within the sections of the rules that apply to it. The term

pitot-tube pressure no longer pertains to this rule. A contact maker is

a type of switch; specifications for one are described in 46 CFR

113.25-11. We have added the remainder of the terms to the list of

definitions in Sec. 27.101. To avoid confusion, we have replaced the

term machinery space used in the proposed rule with the term engine

room in all parts of the interim rule.

3. General Alarm

One comment expressed the opinion that a general alarm should not

be required on a small vessel, because the crew could communicate by

voice or by sounding the vessel's horn. We disagree. The primary goal

of the proposed rule was to ensure that a distinctive emergency signal

would be installed on each towing vessel, to quickly alert the crew of

fire or other emergency. A vessel's horn regularly sounds for non-

emergencies. A crewmember's voice may not be clearly heard or

understood over engine-room noise, resulting in mistaken or delayed

fire-fighting. The general alarm that we require is a universally

recognized signal for the crew to respond to their assigned emergency

stations.

Several comments felt that Secs. 27.205(a)(4) and proposed

27.305(a)(3), here 27.305(a)(4), should require monthly instead of

weekly testing of the general alarm. Again, we disagree. The general

alarm is an emergency safety system; as such, it must be functional at

all times. Weekly testing of the alarm is consistent with our rules for

inspected vessels and provides a high degree of confidence that the

alarm will operate when needed.

A number of comments did not understand our intent, or they

disagreed with our proposed rule, for the design of the general alarm

stated in Secs. 27.205 and 27.305. A particular concern was the

requirement to install visible warning devices in all areas on new

vessels. Many comments felt that a standardized general alarm should be

required, with audible alarms placed throughout the vessel, including

supplemental visible alarms in areas with high levels of background

noise. Upon further review of the proposed rule, we agree that the two

systems could be misinterpreted in their existing form. We have

rewritten them to clarify the requirements and have modified them to

make them consistent for both existing and new vessels. This change

deletes the requirement for general alarms on new vessels to be both

audible and visible. This rule requires that all general alarms consist

of audible warnings located so they can be heard throughout the vessel.

It also requires that, in areas where it may be difficult to hear those

warnings, supplemental visible warnings must be installed. This change

should ensure that a universal warning is in place on both new and

existing vessels. Uniform general alarms will prevent confusion among

crewmembers that may transfer between different vessels.

4. Fire Detection

One comment requested that we change Secs. 27.210 and 27.310 to

exempt small vessels from the requirement to install fire-detection

systems. The comment felt that a crew could provide a fire watch and

sound an alarm by voice or by sounding a vessel's horn. We do not

agree. The goal of the proposed rule was to ensure that a dedicated,

reliable system would be installed aboard towing vessels, to provide

early warning of fires. An approved fire-detection system provides

continuous surveillance of the protected area. Reliance on crewmembers

that may be distracted or busy performing assigned duties does not

provide an equivalent level of protection.

Another comment noted that the proposed rule would have required an

approved fire-detection system but not the maintenance or testing of

the system. We agree with this observation, and Secs. 27.210(b) and

27.310(b) will require the maintenance and testing of the system

according to the manufacturer's instruction manual.

Several comments said that Secs. 27.210 and 27.310 contain

insufficient design criteria to let the public develop realistic cost

estimates for the proposed fire-detection systems. We disagree with

this observation. Manufacturers provided us with basic information on

costs of their systems. We recognize that each vessel may have unique

configurations that could alter the final cost of its system. However,

we believe that this rulemaking contains adequate information to allow

the development of reasonable estimates of cost.

Numerous comments regarded the design basis of the proposed fire-

detection systems. Several noted that many existing vessels currently

have systems that comply with NFPA 72, which is the shore-based

criterion for such systems. But NFPA 72 allows the spacing of heat

detectors at much greater distances than the 3 meters (10 feet) that

proposed Secs. 27.210(b) and 27.310(b) would have required. Since the

existing systems may not have their detectors spaced at 3-meter

intervals, these systems would have to be replaced. The comments

suggested that, for this and other technical reasons, we should accept

existing systems that comply with NFPA 72. We agree. Existing systems

that are certified to be UL-listed and are installed under specific

criteria listed in Secs. 27.210 and 27.310 will be accepted. The

standard of 3-meter spacing drops from the rule.

[[Page 56261]]

Another group of comments expressed related concerns with the

proposed 3-meter standard for the placement of fire detectors on the

overhead of the engine room. The comments suggested that fire detectors

located there at 3-meter intervals might not be adequate to protect

against all hazards. They suggested, as an alternative, a combination

of heat and smoke detectors located on the overhead and at lower

levels, near obvious hazards such as main engines or generators.

Several of the group felt that the rule should allow heat detectors,

smoke detectors, a combination of heat and smoke detectors, or a

continuously manned engine room. We partially agree with these

comments. We have changed the rule to allow fire-detection systems to

comply with design criteria of the Coast Guard (listed in Secs. 27.210

and 27.310) or with NFPA 72. These systems may use heat detectors,

smoke detectors, or a combination of the two. We do not, however,

consider a continuously manned engine room an acceptable substitute for

any such system. The attention of the personnel on duty in the engine

room might be focused on routine tasks or maintenance. Because of these

parallel duties, the engineers might not immediately notice incipient

fires. Even a continuously manned engine room must have a fire-

detection system to ensure the needed level of safety.

Several comments concerned proposed Secs. 27.210(f) and 27.310(f),

which would have required that the fire-detection system not be used

for any other purpose. The comments stated that the rule should let the

system be connected to the automation or other monitoring system of the

engine room. We disagree. The connection of non-emergency equipment to

the fire-detection system introduces a potential for spurious

electrical faults to damage the system; this could decrease the

reliability of the system. This rule accepts fire-detection systems

approved by the Coast Guard or listed by UL only for service as fire

alarms. If other devices are connected to fire-alarm panels, then there

is no way of ensuring that alarms will perform as necessary.

5. Internal Communications

One comment expressed the opinion that internal communication

systems are not needed on small vessels, because the crew could

communicate by voice. We agree with this comment. In response, we have

changed the interim rule to allow internal communication requirements

similar to those listed in 46 CFR part 184 of Subchapter T and 46 CFR

part 121 of Subchapter K. To be consistent with other provisions of the

existing regulations, this exemption will also apply to twin-screw

vessels with operating station control for both engines. Subchapters T

and K regulations leave the determination of acceptable arrangements on

small vessels up to the local Officer in Charge, Marine Inspection.

Towing vessels are not normally subject to the jurisdiction of the

local inspector; thus alternate performance criteria are listed in the

rule. Changes to the rule will allow small vessels, where the operating

station, control station, and the propulsion engine room are

sufficiently close together, to use direct voice communication instead

of an internal communication system. For the purpose of this

regulation, we feel that the separation criterion ``sufficiently

close'' is satisfied, if the crew is able to maintain unobstructed

visual contact and the separation distance between the operating

station and the engine room access door does not exceed 3 meters (10

feet).

Another comment requested clarification of proposed Secs. 27.215(a)

and 27.315(a) regarding the necessary degree of independence for the

system. It asked whether the system needs to be electrically and

physically isolated from the vessel's electrical system. It also

suggested that battery-powered public-address (PA) systems or portable

VHF radios should fulfill this requirement on both existing and new

vessels. We agree with this comment, and have changed the sections

accordingly. Our intent here is to ensure the presence of a reliable

system, one that will continue to operate even if the vessel's

electrical power fails or shuts down. We regard either an installed PA

system with backup power from batteries, or hand-held VHF radios, as

meeting these criteria. It is not necessary for the system to be

completely distinct from the vessel's electrical system. Our intent is

to ensure there is a source of power for the communication system that

does not depend on the towing vessel's electrical system.

One comment recommended that we require the systems for internal

communication to be intrinsically safe. We do not agree. The system is

to allow contact between the engine room and the operating station.

Neither of these areas is a hazardous location where specialized

electrical equipment must be installed.

6. Fire Pumps, Fire Main, and Fire Hose

Numerous comments concerned the proposed rule for fire pumps,

hydrants, and hoses. Many of the comments wondered how an installed

fire pump could be of any use in combating an engine-room fire if it or

its source of power were located in the engine room. Others noted that

the requirement for a portable pump made sense in part precisely

because the pump would not be affected by an engine-room fire, but

noted further that it would be extremely difficult to effectively

deploy and start the pump in an emergency. Many others suggested that

manual fire-fighting in an engine room would be very difficult for

crewmembers not trained as professional fire fighters. Because of these

comments critical of the proposed rule, we are reserving all sections

of the proposed rule that pertain to manual fire-fighting for further

consideration in the SNPRM. This may reduce or remove the proposed rule

for manual fire-fighting equipment if our further consideration

concludes that fixed extinguishing systems or other measures offer a

more effective means of suppressing engine-room fires aboard towing

vessels.

7. Fire-Extinguishing Equipment

One comment noted that proposed Sec. 27.325 would have allowed the

operator of a new towing vessel 24 meters in length or longer to

install either a semi-portable fire extinguisher or a fixed fire-

extinguishing system. The comment expressed the view that, on new

vessels, fixed systems should be required. That was our intent with the

NPRM; only through a typographical error did the proposed rule state

that the installation of either type of system was acceptable. A

corrective notice [62 FR 60939] published on November 13, 1997, made

this clear: The proposed rule should have stated that both a semi-

portable extinguisher and a fixed system would be required. We have

decided, however, to reserve this section for the SNPRM.

Numerous comments concerning the proposed requirements for semi-

portable fire extinguishers took a different view. Several felt that no

extinguisher should be located in the engine room, to prevent it from

being damaged during a fire. Others stated that several small

extinguishers would be more effective than one large one. In response

to the comments we received on the issue of manual versus fixed fire

extinguishing, we have decided to reserve this section as well. It,

too, will receive further consideration in the SNPRM.

8. Fuel Shutoffs

Several comments requested that we change the requirements for fuel

shutoffs proposed in Sec. 27.340(f). Many suggested that we allow, for

new

[[Page 56262]]

vessels, remote engine shutdown instead of remote fuel shutoff. A

contrary comment recommended that we not allow the remote engine

shutdown on existing vessels and that, for effective extinguishing of

the fire, we instead require only remote fuel shutoffs in all cases.

The comments favoring remote engine shutdowns noted that, if a vessel

with multiple engines experienced an engine fire, a fuel shutoff would

disable all of the engines, reducing maneuvering flexibility. Some of

these reasoned that, if all vessels had remote engine shutdowns instead

of remote fuel shutoffs, only the affected engine would need to be

stopped, so the remaining engine could be used to safely maneuver the

vessel. Others observed that, if a diesel engine were stopped by

shutting off its fuel supply, it could not be easily restarted, and

would require a shore-based mechanic to repair. We do not agree with

the comments that a remote fuel shutoff should be optional; we agree

with the comment that one should be required on every vessel and have

changed the rule accordingly. As the preamble to the NPRM noted, a fuel

shutoff is the preferred means of protection. It allows the crew to

stop the flow of fuel into the engine room from the fuel tanks, but

need not be immediately closed. Moreover, on a vessel with multiple

engines, a fuel shutoff could be installed on the fuel line to each

engine. A remote engine shutdown, by contrast, leaves no way to stop

the flow of fuel into the engine room if a fuel line or fitting is

damaged. Fire fighting must be coordinated with the operation of the

vessel and must also be tailored to the situation as it unfolds.

Ordinarily, the master decides when to close the fuel shutoff.

Emergency maneuvering could occur when conditions allowed. In addition,

the engines could be stopped by normal means before the fuel shutoff is

operated, to help prevent complications with restart. Effective fire-

fighting will require the ability to shut off the gravity flow of fuel

into the engine room regardless of the method used to extinguish the

fire (manual or fixed). Remote engine shutdowns will not afford this

ability.

One group of comments requested that we change proposed

Sec. 27.340(f) to require the fuel shutoff only on the main engine(s).

They noted that a complete fuel shutoff would stop the auxiliary

generator, which in turn would disable the electric fire pump. Others

asked whether we would require remote fuel shutoffs for every fuel

line. Our response is yes; fires involving the main engine are not the

only hazard that we are concerned about. Auxiliary engines such as

diesel generators could also suffer fires related to fuel systems. The

proposed rule clearly stated, and this interim rule clearly states,

that any fuel line that could be subjected to internal head pressure

from fuel in a tank must be fitted with a remotely-operated positive-

shutoff valve. Several options exist for the arrangement of the valve.

The valve can be located at the main-tank discharge, upstream of any

fuel-line branches. If this valve closes, then the flow of all

combustible fuel to the engine room stops. Operators of vessels with

multiple engines or auxiliaries do not have to install single valves to

stop the flow of fuel from the main tanks; they may install multiple

valves such that selected engines can continue running during a fire,

if conditions permit.

9. Fire Axes

Several comments asked about our reasoning for requiring a fire axe

in Sec. 27.235. Fire axes are used for forcible entry and for salvage

and overhaul. A pick-headed fire axe can help open burning insulation

and lagging or storage cabinets to ensure that all local hot spots are

exposed and properly extinguished. Because the fire axe is part of the

previously proposed manual fire-fighting equipment, we have reserved

this section for further comment in the SNPRM.

10. Muster Lists

Several comments related to our proposed requirements for muster

lists. Because muster lists are an element of the proposed manual

method of fire-fighting, we have reserved this section for further

consideration in the SNPRM.

11. Drills

One comment recommended we require all licensed personnel on towing

vessels be certified as trained in fire fighting. While we agree with

this comment in principle, we do not intend to amend the proposed rule

because the benefit-cost analysis does not support such a requirement.

Further, changes to the requirements for licensing maritime personnel

are outside the scope of this rulemaking. Most persons serving on

towing vessels in inland or coastal service do not carry licenses that

require them to attend approved fire-fighting schools. Also, these

vessels operate where municipal fire departments may be available to

supplement their crews in fire fighting. Our rules require all

crewmembers to participate in monthly drills aboard their vessels.

These drills should familiarize them with the specific emergency

procedures and equipment aboard their vessels.

Several comments asked that we change proposed Sec. 27.355(c) to

let the required fire drills and instruction be given by persons

licensed as operators of uninspected towing vessels (OUTVs). We agree

with this comment and have deleted the proposed requirements that

drills be conducted by a person licensed for operation of inspected

vessels of 100 gross tons or more.

One comment expressed concerns regarding the proposed requirements

for training and drills in Sec. 27.355. The comment maintained that the

requirements would entail monthly drills on engine-room fires and

periodic training on other fire-related activities. It suggested that

the drills include practice in responding to different types of

emergencies and that training occur no more often than quarterly. We

feel that the comment has misinterpreted the proposed requirements. We

have proposed monthly drills to ensure that the crew is familiar with

its responsibilities during an emergency. The drills should help the

crew to practice locating and operating the emergency equipment. They

should also allow the crew to consider contingencies for responding to

unplanned events such as blocked access, damaged or missing equipment,

and search and rescue. The fire-fighting exercise in the engine room

(see Sec. 27.355(a)(1)) is intended to ensure crews regularly practice

this important evolution. We expect that the monthly drills will vary

to cover a variety of fires or related emergencies that could occur on

the vessel. Changes in the vessel's routes or cargoes may introduce

different scenarios or circumstances. We do not want the crew to

perform monthly drills responsive only to fires in the engine room. We

have not changed this section in response to this comment.

12. Fuel Systems

One comment suggested that the final rule cover fuel systems for

portable pumps on existing vessels. Because portable pumps are used for

manual fire-fighting, we have reserved treatment of this issue for the

SNPRM.

One person questioned the lack of a definition of a 30-by-30-mesh

flame screen in Sec. 27.340(d)(1), and noted that the proposed rule did

not specify that the screen be corrosion-resistant. We agree that a

flame screen should be corrosion-resistant and have changed this rule

accordingly. We do not agree that further explanation of the term 30-

by-30 mesh is warranted. This description of the flame screen is

[[Page 56263]]

commonly understood and is consistent with 46 CFR Subchapter F, Marine

Engineering.

Several comments noted that Sec. 27.340(c) as proposed could be

interpreted to prohibit portable fire pumps with gasoline-powered

engines. It is not our intent to prohibit the use of portable fire

pumps. Because portable pumps are used for manual fire-fighting, we

have also reserved treatment of this issue for the SNPRM.

One comment noted that Sec. 27.340(d) as proposed would require the

fitting of each fuel tank with a vent pipe connected to the highest

point of the tank and terminating on the weather deck. The comment felt

that this would prevent the operator of a towing vessel from leading a

common vent pipe from two or more fuel tanks. This is not the intent.

The individual vent pipes from several fuel tanks containing liquids in

the same class of hazards could be connected to a header that vents on

the weather deck, as long as the piping arrangements and diameters were

adequately sized to prevent overpressuring the tanks. We have revised

this paragraph to prevent confusion.

One comment asked that we clarify the proposed rule to indicate

that 46 CFR Chapter I, Subchapter F, Marine Engineering, does not apply

to towing vessels. The comment is partly correct. Subchapter F does not

apply to the vessels affected by this rulemaking--unless they use

Bunker C as a fuel source. Since this rule describes specific criteria

for the design and installation of fuel systems, it needs to include

how Bunker C is handled.

Incorporation by Reference

The Director of the Federal Register has approved the material in

Sec. 27.340, paragraphs (b), (e) and (g), for incorporation by

reference under 5 U.S.C. 552(a) and 1 CFR part 51. The material is

available for inspection where indicated under ADDRESSES. Copies of the

material are available from the sources listed in those paragraphs.

Regulatory Evaluation

This interim rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that Order. It has not been reviewed by the Office of Management and

Budget under that Order. However, it is significant under the

regulatory policies and procedures of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979) because of public interest

generated by the NPRM and the Office of the Secretary has reviewed it.

A Regulatory Assessment under paragraph 10e of the regulatory

policies and procedures of DOT is available in the docket for

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

Assessment follows; unless otherwise indicated, cost and benefit data

are expressed in end-of-year values for 1998 and reflect a 15-year

period of analysis.

Summary of Benefits

Measures published in this interim rule should yield a benefit-to-

cost ratio of 1.3-to-1. The benefits, in the form of avoided injuries

as well as damage to vessels and property, are approximately $31.7

million. In addition, the measures are estimated to prevent 6,065

barrels of oil pollution. The table following this paragraph

illustrates the calculation of net cost-effectiveness from total

quantifiable costs and benefits resulting from implementation of this

rule. The benefits are normalized into cost-effectiveness ratios to

reflect the cost per unit of oil pollution averted. Here's how: The

total estimated dollar cost of this rule is shown on Line (1); total

property damage and injuries averted, a benefit expressed in dollars,

is shown on Line (2) and is subtracted from total dollar costs to yield

a net cost, which is shown on Line (3); pollution averted, which is

expressed in barrels of oil not spilled, is shown on Line (4); and the

net cost from Line (3) divided by the pollution averted benefit from

Line (4) to yield an expression of cost-effectiveness expressed in

units of net discounted dollars per discounted barrels of oil not

spilled appears on the bottom line. This procedure permits us to

compare benefits from averted pollution and property damage benefits in

terms of net cost-effectiveness.

Table 1.--Fire Protection Measures for Towing Vessels: Cost

Effectiveness Expressed in 1998 Dollars per Barrel of Oil Not Spilled

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

Type of benefits and costs Quantity Units

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

(1) Cost of this rule......... 23,559,966 Dollars (PV).

(2) Property Damage and 31,747,815 Dollars (PV).

Injuries-averted.

(3) Net cost (1)-(2).......... -8,187,849 Dollars (PV).

(4) Pollution averted......... 6,065 Barrels of oil

unspilled (PV).

Net cost effectiveness -1,350 Dollars per barrel

(3)(4). unspilled.

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

Note: Benefits, shown on lines (2) and (4), are italicized. On the

bottom line, net cost-effectiveness is underlined and represents a

common expression of different benefits quantified in unlike units of

measure. In this case, they are: Averted damage to vessels and

equipment and injuries to crewmembers, expressed in dollars; and, Oil

not spilled overboard into bodies of water, expressed in barrels of

oil not spilled.

In order to express the benefits in an expression of like units,

benefits expressed in dollars on line (2) are subtracted from the cost

of the rule expressed in dollars on line (1), resulting in the net

cost of the rule on line (3). Net cost is divided by pollution

benefits to yield an expression of net cost-effectiveness expressed in

dollars per barrel of oil not spilled. The sign (+/-) of the net cost-

effectiveness expression indicates the relationship between non-

pollution benefits and the cost of the rule. If the sign is negative,

dollar benefits exceed the cost; if it's positive, the cost of the

rule exceeds the dollar benefit component. All cost-effectiveness

ratios expressed in dollars per barrel of oil not spilled may be

compared with one-another. Smaller dollar values in the numerator,

including those with negative signs, signify greater cost-

effectiveness.

The principal benefit of this rule is protection against oil spills

and property damage that may result when a fire causes a towing vessel

to lose control over the tank barge it is towing, permitting the barge

to run aground. Quantifiable benefits accrue from averted pollution

measured in barrels of oil not spilled and averted damage to property

such as vessels and machinery, measured in dollars.

To construct the benefits analysis, the Coast Guard employed its

Marine Safety Management System (MSMS) database and underlying reports

to provide a reasonable approximation for modeling marine casualties

and pollution incidents. The model postulates that, if requirements in

this rule were not enacted, the normalized frequency and severity of

pollution and damage due to fires on towing vessels would continue at

about the same magnitude as during a representative five-year base

period--which the Coast Guard identified as 1992-1996. This period

samples the maritime environment after the Oil Pollution Act of 1990

(OPA 90); the Coast Guard considers the period long enough to capture a

representative

[[Page 56264]]

history, while short enough to be reasonably current. The Coast Guard

considered the period 1992-1997; it did not choose that time period

because reports for 1997 remain open and are too preliminary to present

a fair representation.

The Coast Guard recognized that the nature of the maritime

environment--blending people, vessels, machines, and the sea--still

might cause some of the casualties targeted by this rule after it is in

force. Accordingly, we assembled a team comprised of marine inspectors,

program analysts, and economists, who reviewed the data and individual

case files, and consulted fire-protection engineers and various

subject-matter experts with field experience. From these two efforts,

the Coast Guard identified probabilities of effectiveness for the fire-

protection requirements and for closely related proposals that are fair

and reasonable assessments of likely future performance.

The team identified 155 cases that occurred between January 1, 1992

to December 31, 1996, that involved fires on towing vessels. The Coast

Guard reviewed the casualty data and narratives for each incident.

These cases provided the pool from which it estimated the expected

benefits. Each of these cases is summarized in Appendix G of the

Regulatory Assessment (available in the docket). For all five

requirements, the Coast Guard reviewed casualty data of each case to

assess whether the casualty could have been prevented or diminished in

severity by this interim rule. Coast Guard analysts assigned an

effectiveness degree representing the extent each proposed measure

would have favorably affected each casualty case. They then tabulated

average effectiveness percentages levels for each requirement: fire

detection systems--15.4%; training and drills--12.3%; fuel shutoff

valves--12%; internal vessel communication systems--7.4%; and general

alarms--7.7%. Most cases would likely have benefited from two or more

of the measures. That is why they used a methodology, which took into

account the typical sequence in which the five requirements would come

into play during a casualty. For these cases fire-detection systems

would confer ``first tier'' benefits; internal vessel communication

systems, ``second tier'' benefits; training and drills, ``third tier''

benefits; general alarms, ``forth tier'' benefits; and fuel-shutoff

valves, ``fifth tier'' benefits. Apportioning the benefits in this way

avoids multiple counting of benefits.

The principal purposes of this rule are to avert oil pollution and

prevent damage and injuries, since they are public benefits. Our

analysis projects that, from the effective date through 2014, the

requirements implemented with this rule will result in a total

pollution benefit of about 6,065 barrels of oil (not spilled), and

total damage and injuries averted worth an estimated $31.7 million

(present value).

Summary of Costs

The towing vessel industry will bear the costs of this rule. Most

costs will occur during the two-year phase-in period following the

rule's publication date. Owners and operators of existing vessels

required to install equipment no doubt will take advantage of the

extended phase-in period as they plan for and incur onetime costs of

purchasing and installing the general alarms ($2,600), the fire-

detection systems ($2,880), the internal communication systems

($1,000), and the fuel-shutoff valves ($2,500).

For the purpose of this analysis, the Coast Guard assumes that half

of the vessels will comply with each required measure during the first

year of the phase-in period and half of the vessels will comply during

the second year.

The total cost of this rule is the sum of the costs to the towing

industry for the several requirements in the rule. The following table

lists those costs, requirement by requirement:

Table 2.--Two-year phase-in costs of the requirement due to the interim

rule on Fire Protection expressed in 1998 dollars.

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

Total Cost

2-Year [includes

Requirement Initial annual

Cost recurring

costs] \1\

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

General Alarm................................. $1,414,955 $1,471,894

Internal Vessel Communication................. 875,081 1,078,254

Fire Detection................................ 5,098,059 10,624,372

Fuel-Shutoff Valve............................ 7,024,151 7,279,647

Training and Drills........................... 616,534 3,105,799

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

\1\ Over the period of analysis from 1999 until 2015.

During the two-year phase-in period within which existing vessels

must come into compliance, this rule is estimated to cost industry

about $15 million. Over the period of analysis (1999 until 2015), the

projected total cost is approximately $23.6M (PV).

Unfunded Mandates Reform Act

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

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

certain regulatory actions on State, local, and tribal governments, and

the private sector. Under sections 202 and 205 of the UMRA, the Coast

Guard generally must prepare a written statement of economic and

regulatory alternatives for proposed and final rules that contain

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

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

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

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

analysis under the UMRA is necessary.

While several State and local governments operate some towing

vessels, the majority of affected towing vessels are owned and operated

by entities in the private sector. This interim rule does not now

directly affect tribal governments. The total burden of Federal

mandates imposed by this rule will not result in annual expenditures of

$100 million or more. Therefore, sections 202 and 205 of the UMRA do

not apply.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considers the economic impact on small entities of each

rule for which a general notice of proposed rulemaking is required.

``Small Entities'' include small businesses, not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields, and governmental jurisdictions with

populations of less than 50,000.

An assessment of this interim rule's impacts on small entities is

included in the regulatory assessment; it is available in the docket

for inspection or copying where indicated under ADDRESSES.

The owner of a vessel that is not in compliance with any of the

five requirements would have to spend $9,480, on average, to meet the

measures outlined in this interim rule. However, most vessels are

already in compliance with some of the measures as shown in Table 3. In

an effort to determine the average financial impact on towing vessel

owners/operators, the Coast Guard estimated the expected cost of

compliance with the interim rule. The expected cost of this rulemaking

is simply the sum of each requirement's cost weighted according to

their probabilities of occurrence. On average, towing vessel owners and

operators are expected to spend $3,306 per affected vessel to comply

with this rulemaking (Table 3).

[[Page 56265]]

Table 3.--Equipment Cost and Towing Vessel Compliance

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

(4)

(2) Towing (3) Towing Probability of (5) Expected

Requirement (1) Cost of vessels with vessels incurring cost cost [(1) x

equipment equipment without (% without (4) = (5)];

equipment equipment)

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

General Alarm................... $2,600 4,216 602 12.5 $325.00

Internal Vessel Communication... 1,000 3,850 968 20.09 200.90

Fire Detection.................. 2,880 2,982 1,835 38.08 1,096.70

Fuel Shutoff Valve.............. 2,500 1,710 3,108 64.5 1,612.50

Training and Drills............. 500 4,136 682 14.15 70.75

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

Total....................... 9,480 16,892 7,195 .............. 3,305.85

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

The impact of this rule will fall primarily on the owners and

operators of towing vessels that do not already carry all of the

equipment or take all of the measures required. The rule will require

such owners and operators to purchase and install specific fire-

protection equipment. Furthermore, masters and mates of towing vessels

must be able to familiarize their crews with procedures to control and

extinguish fires on board their towing vessels. Owners and operators of

towing vessels are responsible for both inspecting their fire-fighting

equipment and systems and maintaining them in good working order. The

purpose is to decrease the probability of fires on vessels towing

barges, because they may lead to barges drifting out of control--which

could result in harm to people, pollution, and property damage.

We are establishing a two-year phase-in period for the existing

towing vessel requirements of equipment and measures. Although we

received no comments on the NPRM concerning small entities, we

recognize that a significant number of towing vessels are likely owned

and operated by small firms not dominant in the industry. The two-year

phase-in permits vessels to undergo the installation of equipment

required by this rule during normal inactive periods. They may thus

avoid incurring the extra opportunity costs of lost revenue during that

time. The long phase-in will thus permit most small entities to explore

the market, and to plan and schedule installations during normal

downtime (dockside).

The equipment required by this rule is in common use in the

industry and does not represent novel or untried technology. Some small

entities are likely to be among the majority of owners and operators

who already meet some or all of the requirements. This rule will result

in a financial burden for some of those owners and operators who must

purchase and install equipment. The costs are very low in comparison

with the replacement cost of a towing vessel, and extremely low in

comparison with the damage that could be caused by, and the liability

that could result from, an accident and resultant spill.

The crafting of this rule so that many affected vessels are already

in compliance, and the two-year phase-in period for installation of

fire-protection equipment and systems on existing vessels, provide

important accommodations to, and significant flexibility for, small

entities and others affected by this rule.

Accordingly, the Commandant certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will

not have a significant economic impact on a substantial number of small

entities. If, however, you think that your business or organization

qualifies as a small entity, and that this rule will have a significant

economic impact on your business or organization, please submit

comments (see ADDRESSES) explaining why you think it qualifies and in

what way, and to what degree, this rule will affect it economically.

Assistance for Small Entities

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

Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist

small entities in understanding this interim rule so that they can

better evaluate its effects on them and participate in the rulemaking.

If your small business or organization is affected by this rule and you

have questions concerning its provisions or options for compliance,

please call Mr. Randall Eberly, telephone 202-267-1861.

The Small Business and Agriculture Regulatory Enforcement Ombudsman

and 10 Regional Fairness Boards were established to receive comments

from small businesses about enforcement by Federal agencies. The

Ombudsman will annually evaluate the enforcement activities and rate

each agency's responsiveness to small business. If you wish to comment

on enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-

3247).

Collection of Information

This interim rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). It

does require standard wording to appear on each general alarm bell and

flashing light. This wording is to inform crewmembers that when the

general alarm bell sounds, or the red light flashes, they should

proceed to their assigned stations. This labeling is exempt from the

Office of Management and Budget guidelines for collection and posting

of information since exact wording is provided.

Federalism

The Coast Guard has analyzed this interim rule in accordance with

the principles and criteria contained in Executive Order 12612. In the

case of any towing vessel towing a non-self-propelled tank vessel, this

rulemaking was statutorily mandated, so this rule does not require a

Federalism assessment. In the case of all other vessels to which this

rule applies, the Coast Guard has determined that this rule does not

have sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Although the Coast Guard has determined that this rule does not

warrant the preparation of a Federalism Assessment, the rule does

preempt portions of State law regarding fire-protection measures for

towing vessels. The rule primarily concerns the design, construction,

and equipment associated with fire-protection measures for towing

vessels. Courts have long held that the Coast Guard has preemptive

regulatory authority on matters of design,

[[Page 56266]]

construction, and equipment on vessels--either where it has received a

statutory mandate to regulate, or, if the authority to regulate is

discretionary, where it has exercised this authority. [See, e.g., Kelly

v. Washington, 302 U.S. 1 (1937); Ray v. Atlantic Richfield Co. 435

U.S. 151 (1979); International Association of Independent Tanker Owners

(Intertanko) v. Locke, 148 F.3d 1053 (9th Cir. 1998) petitions for

cert. filed (U.S. Apr. 23, 1999) (No. 98-1701, 1706)]. In the case of

this rule, the statutory authorities under which the regulations are

promulgated mandate action for inspected towing vessels and any towing

vessels towing a non-self-propelled tank vessel [per 46 U.S.C.

3306(a)(3) and 4102(f)(2)], and give discretionary authority for all

other towing vessels [per 46 U.S.C. 4102(f)(1)]. Under either premise,

the preemptive impact of the Coast Guard's actions in this rulemaking

is the same.

One State, Rhode Island, has enacted regulations that this rule

preempts. Our regulations on internal communications [46 CFR 27.215 and

27.315] preempt 46 R.I. Gen. Laws, Sec. 12.5-23(d). Our regulations on

automated fire-detection systems [46 CFR 27.210 and 27.310] preempt 46

R.I. Gen. Laws, Sec. 12.5-23(e).

Since Rhode Island has indicated its willingness to accede to

Federal regulation of towing vessels under similar circumstances [see

46 R.I. Gen. Laws, Sec. 12.6-12], and since the Coast Guard knows of no

other States that have enacted similar regulations pertaining to

internal communications and fire-protection measures aboard towing

vessels, the Coast Guard expects the Federalism implications of this

rule to be minimal. However, if comments received indicate there is a

need for further preemption analysis, the Coast Guard will conduct one.

Environment

The Coast Guard considered the environmental impact of this interim

rule and concluded that under Figure 2-1, paragraphs (34) (c) and (d)

of Commandant Instruction M16475.1C, this rule is categorically

excluded from further environmental documentation. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 27

Fire prevention, Incorporation by reference, Marine safety,

Reporting and recordkeeping requirements, Vessels.

For the reasons discussed in the preamble, the Coast Guard adds 46

CFR part 27 to read as follows:

PART 27--TOWING VESSELS

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

Sec.

27.100 What towing vessels does this part affect?

27.101 Definitions.

27.102 Incorporation by reference.

Subpart B--Fire Protection Measures for Existing Towing Vessels

Sec.

27.200 What are the requirements for an existing towing vessel?

27.205 What are the requirements for a general alarm on an existing

towing vessel?

27.210 What are the requirements for fire detection on an existing

towing vessel?

27.215 What are the requirements for internal communication on an

existing towing vessel?

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

longer in length, what are the requirements for fire pump, fire

main, and fire hose? [Reserved]

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

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

hose? [Reserved]

27.225 What type of portable fire-extinguisher is required on an

existing towing vessel? [Reserved]

27.230 What are the requirements for a fuel shutoff on an existing

towing vessel?

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

[Reserved]

27.240 What are the requirements for a muster list on an existing

towing vessel? [Reserved]

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

safety orientations conducted on an existing towing vessel?

Subpart C--Fire Protection Measures for New Towing Vessels

Sec.

27.300 What are the requirements for a new towing vessel?

27.305 What are the requirements for a general alarm on a new

towing vessel?

27.310 What are the requirements for fire detection on a new towing

vessel?

27.315 What are the requirements for internal communication on a

new towing vessel?

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

length, what are the requirements for fire pump, fire main, and fire

hose? [Reserved]

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

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

[Reserved]

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

length, what type of fire-extinguishing equipment must it carry?

[Reserved]

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

length, what type of fire-extinguishing equipment must it carry?

[Reserved]

27.340 What are the requirements for a fuel system on a new towing

vessel?

27.345 Is a fire axe required on a new towing vessel? [Reserved]

27.350 What are the requirements for a muster list on a new towing

vessel? [Reserved]

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

safety orientations conducted on a new towing vessel?

Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,

110 Stat. 3947); 49 CFR 1.46.

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

Sec. 27.100 What towing vessels does this part affect?

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

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

is described in paragraph (b) of this section.

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

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

fleeting-area for barges or a commercial facility, or used solely for

restricted service, such as making up or breaking up larger tows;

(2) Used solely for assistance towing as defined by 46 CFR 10.103;

(3) Used solely for pollution response;

(4) Exempted by the Captain of the Port (COTP);

(5) A public vessel that is owned, or demise chartered, and

operated by the United States Government or by a government of a

foreign country; and that is not engaged in commercial service; or

(6) A foreign vessel engaged in innocent passage.

(c) If you think your towing vessel should be exempt from these

requirements for a specified route, you should submit a written request

to the appropriate COTP. The COTP will provide you with a written

response granting or denying your request. The COTP will consider the

extent to which unsafe conditions would result if your towing vessel

lost propulsion because of a fire in the engine room.

Sec. 27.101 Definitions.

As used in this part--Accommodations includes any:

(1) Messrooms.

(2) Lounges.

(3) Sitting areas.

(4) Recreation rooms.

(5) Quarters.

(6) Toilet spaces.

(7) Shower rooms.

(8) Galleys.

(9) Berthing facilities.

(10) Clothing-changing rooms.

Engine room means the enclosed area where any main-propulsion

engine is

[[Page 56267]]

located. It comprises all deck levels within that area.

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

towing vessel.

Fixed fire-extinguishing system means a carbon-dioxide system that

satisfies 46 CFR subpart 76.15; a manually-operated clean-agent system

that satisfies NFPA 2001 and is approved by the Commandant; or a

manually-operated water-mist system that satisfies NFPA 750 and is

approved by the Commandant.

New Towing Vessel means a towing vessel the construction of which

was contracted for on or after January 18, 2000.

Operating Station means the principal steering station on the

vessel, from which the vessel is normally navigated.

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

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

of pulling, pushing, or hauling alongside.

We means the United States Coast Guard.

Working area means any area on the vessel where the crew could be

present while on duty and performing their assigned tasks.

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

Sec. 27.102 Incorporation by reference.

(a) Certain material is incorporated by reference into this part

with the approval of the Director of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other

than that specified in paragraph (b) of this section, the Coast Guard

must publish notice of the change in the Federal Register and make the

material available for inspection. All approved material is so

available at the Office of the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC and at the U.S. Coast Guard,

Office of Design and Engineering Standards (G-MSE), 2100 Second Street

SW., Washington DC 20593-0001 and is available from the sources

indicated in paragraph (b) of this section.

(b) The material approved for incorporation by reference in this

part and the sections affected are:

American Boat and Yacht Council (ABYC), 3069 Solomons Island

Road, Edgewater, MD 21037-1416

H-25-1986--Portable Fuel Systems for Flammable Liquids..... 27.340

H-33-1989--Diesel Fuel Systems............................. 27.340

National Fire Protection Association (NFPA), 1 Batterymarch

Park, Quincy, MA 02269-9101

302-1989--Pleasure and Commercial Motorcraft............... 27.340

Society of Automotive Engineers (SAE), 400 Commonwealth

Drive, Warrendale, PA 15096-0001

SAE J1475-1984--Hydraulic Hose Fitting for Marine 27.340

Applications..............................................

SAE J1942-1989--Hose and Hose Assemblies for Marine 27.340

Applications..............................................

Subpart B-Fire Protection Measures for Existing Towing

Vessels

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

If your existing towing vessel operates as described in

Sec. 27.100(a), you must ensure that it complies with Secs. 27.205

through 27.245 of this part.

Sec. 27.205 What are the requirements for a general alarm on an

existing towing vessel?

(a) By October 8, 2001, you must ensure that your vessel is fitted

with a general alarm that:

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

persons on board in the event of an emergency.

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

space, and the engine room.

(3) In the engine room and any other area where background noise

makes a general alarm hard to hear, has a supplemental flashing red

light identified with a sign that reads:

Attention

General Alarm--When Alarm Sounds or Flashes Go to Your Station.

(4) Is tested at least once each week.

(b) You or the operator may use a public-address (PA) system or

other means of alerting all persons on your towing vessel instead of a

general alarm, if--

(1) The PA system is capable of notifying persons in any

accommodation or work space or the engine room;

(2) It is tested at least once each week;

(3) It can be activated from the operating station; and

(4) It complies with paragraph (a)(3) of this section.

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

existing towing vessel?

By October 8, 2001, a fire-detection system must be installed on

your vessel to detect engine-room fires. You must ensure that--

(a) Detectors, control units, and fire alarms are approved under 46

CFR subpart 161.002, or are listed by an independent testing

laboratory;

(b) The system is installed, tested, and maintained per the

manufacturer's design manual;

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

room automatically sets off visible and audible alarms on a control

panel at the operating station;

(d) The control panel includes--

(1) A power-available light;

(2) A visible and audible alarm for each zone;

(3) A means to silence audible alarms while maintaining indication

by visible alarm;

(4) A circuit-fault detector test-switch; and

(5) Labels for all switches and indicator lights, indicating their

functions.

(e) The system is powered from two sources, switchover from the

primary power source to the secondary source being either manual or

automatic;

(f) The system is used for no other purpose; and

(g) The system is certified by a Registered Professional Engineer,

or by a recognized classification society (under 46 CFR part 8), to

meet the criteria listed in paragraphs (a) through (f) of this section.

Sec. 27.215 What are the requirements for internal communication on an

existing towing vessel?

(a) By October 8, 2001, you must ensure that your vessel is fitted

with a communication system between the engine room and operating

station that--

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

sound-powered telephone, portable radios, or other reliable method of

voice communication, with a main or reserve power supply that is

independent of the electrical system on your towing vessel; and

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

operating station and either--

(i) The engine room; or

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

room.

(b) Twin-screw vessels with operating station control for both

engines are not required to have an internal communication system.

(c) When the operating station control station and the engine room

access are within 3 meters (10 feet) of each other and allow

unobstructed visual contact between them, direct voice communication is

acceptable instead of a communication system.

[[Page 56268]]

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

longer in length, what are the requirements for fire pump, fire main,

and fire hose? [Reserved]

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

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

[Reserved]

Sec. 27.225 What type of portable fire-extinguisher is required on an

existing towing vessel? [Reserved]

Sec. 27.230 What are the requirements for a fuel shutoff on an

existing towing vessel?

By October 8, 2001, you must have a remote fuel shutoff that meets

Sec. 27.340(f) installed on your vessel.

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

[Reserved]

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

towing vessel? [Reserved]

Sec. 27.245 What are the crew-training requirements for fire

emergencies on an existing towing vessel?

By January 19, 2000, you must ensure that drills, instruction and

safety orientations that satisfy Sec. 27.355 are performed on your

vessel.

Subpart C--Fire Protection Measures for New Towing Vessels

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

If your new towing vessel operates as described in Sec. 27.100(a),

then you must ensure that it complies with Secs. 27.305 through 27.355

of this part.

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

towing vessel?

(a) You must ensure that your vessel is fitted with a general alarm

system that:

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

persons on board in the event of an emergency.

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

space, and the engine room.

(3) In the engine room and any other area where background noise

makes a general alarm hard to hear, has a supplemental flashing red

light identified with a sign that reads:

Attention

General Alarm--When Alarm Sounds or Flashes Go to Your Station.

(4) Is tested at least once each week.

(b) You or the operator may use a PA system or other means of

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

if--

(1) The PA system is capable of notifying persons in any

accommodation or work space or the engine room;

(2) It is tested at least once each week;

(3) It can be activated from the operating station; and

(4) It complies with paragraph (a)(3) of this section.

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

towing vessel?

A fire-detection system must be installed on your vessel to detect

engine room fires. You must ensure that--

(a) Detectors, control units, and fire alarms are approved under 46

CFR subpart 161.002, or are listed by an independent testing

laboratory;

(b) The system is installed, tested, and maintained per the

manufacturer's design manual;

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

room automatically sets off visible and audible alarms on a control

panel at the operating station;

(d) The control panel includes--

(1) A power-available light;

(2) A visible and audible alarm for each zone;

(3) A means to silence audible alarms while maintaining indication

by visible alarm;

(4) A circuit-fault detector test-switch; and

(5) Labels for all switches and indicator lights, indicating their

functions.

(e) The system is powered from two sources, switchover from the

primary power source to the secondary source being either manual or

automatic;

(f) The system is used for no other purpose; and

(g) The system is certified by a Registered Professional Engineer,

or by a recognized classification society (under 46 CFR part 8), to

meet the criteria listed in paragraphs (a) through (f) of this section.

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

new towing vessel?

(a) You must ensure that your vessel has a communication system

between the engine room and operating station that--

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

sound-powered telephone, portable radios, or other reliable voice

communication method, with a main or reserve power supply that is

independent of the electrical system on your towing vessel; and

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

operating station and either--

(i) The engine room; or

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

room.

(b) Twin-screw vessels with operating station control for both

engines are not required to have an internal communication system.

(c) When the operating station control station and the engine room

access are within 3 meters (10 feet) of each other and allow

unobstructed visual contact between them, direct voice communication is

acceptable instead of a communication system.

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

length, what are the requirements for fire pump, fire main, and fire

hose? [Reserved]

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

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

[Reserved]

Sec. 27.325 If a new towing vessel is 24 meters (79 feet) or longer in

length, what type of fire-extinguishing equipment must it carry?

[Reserved]

Sec. 27.326 If a new towing vessel is less than 24 meters (79 feet) in

length, what type of fire-extinguishing equipment must it carry?

[Reserved]

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

towing vessel?

(a) You must ensure that, except for the components of an outboard

engine or of a portable bilge pump or fire pump, each fuel system

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

(b) Portable fuel systems. The vessel must not incorporate or carry

portable fuel systems, including portable tanks and related fuel lines

and accessories, except when used for outboard engines or when

permanently attached to portable equipment such as portable bilge or

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

related fuel lines and accessories must meet the requirements of ABYC

H-25 (incorporated by reference at Sec. 27.102(b)).

(c) Fuel restrictions. Neither you nor the operator may use fuel

other than bunker C or diesel, except for outboard engines, or where

otherwise accepted by the Commandant (G-MSE). An installation that uses

bunker C must comply with the requirements of subchapter F of this

chapter.

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

must meet the requirements of this paragraph as follows:

(1) Each fuel tank must have a vent system that connects to the

highest point of the tank and discharges on a weather deck through a

bend of 3.14 radians (180 degrees) fitted with a 30-by-30 mesh

corrosion-resistant flame screen;

[[Page 56269]]

(2) The net cross-sectional area of the vent pipe for the tank must

be--

(i) Not less than 312.3 square millimeters (0.484 square inches),

or

(ii) Not less than that of the fill pipe when provision is made to

fill a tank under pressure.

(e) Fuel piping. Except as permitted in paragraphs (e)(1) and (2)

of this section, each fuel line must be seamless and made of steel,

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

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

except that--

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

is installed outside the engine room and is at least Schedule 80 in

thickness; and

(2) Nonmetallic flexible hose is acceptable if it--

(i) Is used in lengths of not more than 0.76 meters (30 inches);

(ii) Is visible and easily accessible;

(iii) Does not penetrate a watertight bulkhead;

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

rubber or other suitable material reinforced with wire braid; and

(v) Either--

(A) If it is designed for use with compression fittings, is fitted

with suitable, corrosion-resistant, compression fittings, or fittings

compliant with SAE J1475 (incorporated by reference at Sec. 27.102(b));

or

(B) If it is designed for use with clamps, is installed with two

clamps at each end of the hose. Clamps must not rely on spring tension

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

of the mating spud, pipe, or hose fitting. Installations complying with

SAE J1475 are also acceptable.

(3) Nonmetallic flexible hose is also acceptable if it complies

with SAE J1942 (incorporated by reference at Sec. 27.102(b)).

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

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

and operable from a safe place outside the space in which the valve is

located.

(g) A new towing vessel less than 24 meters (79 feet) in length may

comply with any of the following standards for fuel systems instead of

the requirements of paragraph (e) of this section:

(1) ABYC H-33 (incorporated by reference at Sec. 27.102(b)).

(2) Chapter 5 of NFPA 302 (incorporated by reference at

Sec. 27.102(b)).

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

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

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

towing vessel? [Reserved]

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

safety orientations conducted on a new towing vessel?

(a) Drills and instruction. The master or person in charge of a

vessel must ensure that each crewmember participates in drills and

receives instruction at least once each month. The instruction may

coincide with the drills, but need not. It must ensure that all

crewmembers are familiar with their fire-fighting duties, and

specifically, the following contingencies:

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

the vessel, including how to--

(i) Operate all of the fire-extinguishing equipment on board the

vessel;

(ii) Stop the mechanical ventilation system for the engine room if

provided, and effectively seal all natural openings to the space to

prevent leakage of the extinguishing agent; and

(iii) Operate the fuel shutoff for the engine room.

(2) Activating the general alarm.

(3) Reporting inoperative alarm systems and fire-detection systems.

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

apparatus, if the vessel is so equipped.

(b) Alternative form of instruction. The master or person in charge

of a vessel may substitute, for the requirement of instruction in

paragraph (a) of this section, the viewing of videotapes concerning at

least the contingencies listed in paragraph (a), followed by a

discussion led by someone familiar with these contingencies. This

instruction may occur either on or off the vessel.

(c) Participation in drills. Drills must take place on board the

vessel, as if there were an actual emergency. They must include--

(1) Participation by all crewmembers;

(2) Breaking out and using emergency equipment;

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

(4) At least one person putting on protective clothing, if the

vessel is so equipped.

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

must ensure that each crewmember who has not received the instruction

and has not participated in the drills required by paragraph (a) of

this section receives a safety orientation before the vessel gets

underway.

(e) The safety orientation must cover the specific contingencies

listed in paragraph (a) of this section.

Dated: October 4, 1999.

J.C. Card,

Vice Admiral, U.S. Coast Guard, Acting Commandant

[FR Doc. 99-26848 Filed 10-18-99; 8:45 am]

BILLING CODE 4910-15-U