[Congressional Record Volume 140, Number 29 (Wednesday, March 16, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 16, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                           TOWING SAFETY ACT

                                 ______


                          HON. GERRY E. STUDDS

                            of massachusetts

                    in the house of representatives

                       Wednesday, March 16, 1994

  Mr. STUDDS. Mr. Speaker, today I am introducing the Towing Safety 
Act, legislation that will greatly improve the safety of our tug and 
barge industry. The need for this legislation has been highlighted by 
two very serious accidents involving tugs and barges in the past 6 
months. On September 22, 1993, the tug Mauvilla pushing six barges 
struck the Big Bayou Canot Bridge near Mobile, AL, knocking the 
bridge's railroad track 41 inches out of alignment. AMTRAK's Sunset 
Limited train derailed because of the misaligned track and 47 people 
were killed. On January 7, 1994, the barge Morris J. Berman, adrift 
after its towline broke, struck a coral reef off the coast of San Juan, 
PR, and spilled 600,000 gallons of oil, fouling pristine beaches and 
killing a variety of fish and wildlife.
  While these two are the most infamous recent tug and barge accidents, 
they are not isolated instances. On January 19, 1994, a barge struck a 
bridge over the Bayou Bouef, in Louisiana, knocking its railroad tracks 
6 inches out of alignment. Fortunately, the bridge tender notified 
AMTRAK, and the Sunset Limited train--the same one that crashed in 
September killing 47 people--was stopped 10 minutes away from the 
damaged bridge. On February 10, 1994, the tug Edwin Bisso struck the 
ferry St. John on the Mississippi River near New Orleans, injuring 12 
people. The Interstate 55 Memphis-Arkansas Bridge was closed for 6 
hours on February 21, 1994, after a tow boat pushing 45 barges lost 
power and struck the bridge. On February 24, 1994, the tug John J.D. 
capsized and sank in the Ohio River near Ashland, KY. Fortunately, the 
tug's crew was rescued from the water. And just last Friday, the barge 
New Jersey struck the west side of the Interstate 76 bridge in 
Philadelphia, spilling a portion of its 715,000 gallon fuel-oil cargo. 
A steering malfunction on the tug is thought to have caused the 
accident.
  All of these accidents have one thing in common, they involve 
uninspected towing vessels. These vessels are immune from inspection by 
the U.S. Coast Guard, a fact that makes them unique among all other 
sectors of the maritime industry.
  According to the Coast Guard's own report of December 6, 1993, 
entitled ``Review of Marine Safety Issues Related to Uninspected Towing 
Vessels,'' there were 12,971 marine casualties involving uninspected 
towing vessels between 1980 and 1991--1,080 accidents per year or an 
average of nearly 3 each and every day.
  The Coast Guard's study found that 59 percent of these accidents were 
directly related to personnel errors and 16 percent were attributable 
to equipment failures. This is not a safety record to be proud of. The 
legislation I am introducing today will impose requirements for towing 
vessel inspection, and tighten those for equipment, manning, and 
licensing, so that we may reduce accidents and provide greater safety 
for commercial traffic on our waterways and for the public traveling in 
and over these waterways.
  The Towing Safety Act would make all towing vessels that push or pull 
inspected barges, regardless of size or where they operate, subject to 
Coast Guard inspection. The Coast Guard, or its designee, would inspect 
towing vessels at least once every 2 years to ensure that they carry 
appropriate safety and navigational equipment and are in compliance 
with applicable marine safety laws. Under current law, only towing 
vessels over 300 gross tons that operate seaward of the Boundary Line--
basically the shoreline--are inspected.
  My bill creates a requirement that towing vessels carry: (1) radar; 
(2) electronic position-fixing equipment; (3) adequate communications 
equipment; (4) a sonic depth finder; (5) a compass or swing meter; (6) 
adequate towing equipment; and (7) up-to-date navigation charts and 
publications. The tug Mauvilla did not carry even this most basic 
navigation equipment. The Coast Guard is authorized to modify or add to 
this list of equipment if the needs of a particular area dictate.
  The Towing Safety Act would require all towing vessels to be operated 
by licensed masters and mates and these officers would have to 
demonstrate their proficiency in operating the newly required 
equipment. In addition, license applicants will have to demonstrate 
their ship handling skills on a towing vessel or a towing vessel 
simulator. Under current law, an applicant for an uninspected towing 
vessel operator's license only has to pass a written test; an actual 
demonstration of ability to operate a vessel or its equipment is not 
required. To get a driver's license you have to demonstrate proficiency 
by actually driving a car; it only makes sense to require an operator 
of a towing vessel to demonstrate proficiency at driving a towboat. The 
bill also places a limit on the number of times an applicant can take a 
license exam.
  The bill would increase the manning requirements of uninspected 
towing vessels in several ways. First, it requires everyone involved 
with the operation of a towing vessel to carry a merchant mariner's 
document. This requirement would allow the Coast Guard to remove a 
person who is incompetent or has a drug or alcohol problem from the 
industry by revoking his or her document. Second, the proposal would 
require towing vessel crews to consist of a minimum of 65 percent 
certified able seamen. To obtain this rating, a person must have worked 
in the towing industry for a minimum of 18 months. Third, all towing 
vessels, regardless of size, would be operated by a Coast Guard 
licensed master. Finally, towing vessels of 100 gross tons or more 
would have to carry from one to three licensed mates depending on the 
size of the vessel.
  The Towing Safety Act is a comprehensive bill which addresses all 
aspects of towing safety, licensing, manning, equipment, and 
inspection. I look forward to working with the towing industry, the 
Coast Guard, and anyone else who shares my concern about the safety of 
our towing industry to achieve its enactment.

                          ____________________