[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25721]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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Part VII





Department of Transportation





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Coast Guard



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33 CFR Chapter I




Numbering of Undocumented Barges; Proposed Rule
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Coast Guard

33 CFR Chapter I

[CGD 93-091]

 
Numbering of Undocumented Barges

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

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SUMMARY: The Coast Guard is considering various options regarding the 
initiation of a rulemaking project to establish a mandatory numbering 
system, as required by law, for undocumented barges over 100 gross 
tons. In order to identify and consider the potential impacts such a 
requirement may have on the Federal government, the individual States 
and the commercial barge industry, and to develop practical barge 
identification numbering system alternatives, the Coast Guard is 
requesting comments from interested and affected individuals and 
entities early in the process. The numbering of undocumented barges 
will allow identification of owners of barges found abandoned and help 
to prevent future marine pollution from abandoned barges.

DATES: Comments are requested by January 17, 1995.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 93-091), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
notice. Comments will become part of this docket and will be available 
for inspection or copying at room 3406, U.S. Coast Guard Headquarters.

FOR FURTHER INFORMATION CONTACT:
Carlton Perry, Project Manager, Auxiliary, Boating, and Consumer 
Affairs Division, (202) 267-0979.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this request for comments by submitting written data, views or 
arguments. Persons submitting comments should include their names and 
addresses and identify this notice (CGD 93-091). Please submit two 
copies of all comments and attachments in an unbound format, no larger 
than 8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Background and Purpose

    The Abandoned Barge Act of 1992 (the Act), enacted on November 4, 
1992, amended 46 U.S.C. 12301 to require the numbering of undocumented 
barges greater than 100 gross tons. In enacting this legislation, 
Congress noted that, too often, abandoned barges become the site for 
the disposal of hazardous cargo, waste and petroleum products, thereby 
contributing to numerous water pollution incidents. The primary purpose 
of the Act is to prevent future marine pollution from abandoned barges. 
By identifying each undocumented barge with a unique number, the owners 
of abandoned barges will be determined and contacted regarding removal 
of the barge. Further, with increased owner accountability, it is 
likely that fewer undocumented barges will be abandoned. Fewer barges 
would then be available to persons intending to conduct illegal dumping 
of pollution or hazardous substances.
    The Act requires the Coast Guard to promulgate regulations 
implementing the new law.
    For many years, Sec. 12301 has provided for numbering undocumented 
vessels. Under 33 CFR parts 173 and 174, States with an approved 
numbering system, and the Coast Guard in Alaska, register undocumented 
recreational and commercial vessels equipped with propulsion machinery 
of any type, charge fees, collect taxes and assign a number to be 
painted on or permanently attached to each side of the forward half of 
each vessel required to be numbered.
    About 27,000 barges are currently documented by the Coast Guard 
while approximately 14,000 existing barges are undocumented.

Early Participation

    The Coast Guard is consulting with the State Boating Law 
Administrators, State Numbering Authorities and with the National 
Association of State Boating Law Administrators' (NASBLA) Numbering and 
Titling Committee regarding potential economic impacts and concerns 
from the States' perspective regarding the implementation of a 
numbering system for undocumented barges over 100 gross tons. The Coast 
Guard met with the NASBLA Numbering and Titling Committee at its 
meeting in March 1993 to discuss potential implications of the new 
statutory requirement. The Coast Guard notified the Boating Law 
Administrator and Numbering Authority of each State regarding the new 
statutory requirement to number undocumented barges and received input 
from representatives of 13 States. The States' responses are available 
for review in this docket file (CGD 93-091) and will be included in any 
future rulemaking arising from this project.
    The Coast Guard is also consulting with the Towing Safety Advisory 
Committee (TSAC) and the industry affected by the numbering of 
undocumented barges. The Coast Guard met with the Towing Safety 
Advisory Committee (TSAC) at its November 1993 meeting the requested 
assistance in obtaining information on potential impact of the 
numbering requirement on the barge industry. Minutes from this meeting 
are available in this docket file (CGD 93-091) and will be considered 
in any future rulemaking arising from this project.
    The following is a summary of preliminary information received in 
responses from a number of States and TSAC regarding the economic 
impact of a barge numbering system:
    1. TSAC asserts that only the individual owners could provide the 
distribution information necessary to determine in which State each 
barge would be numbered, if the States were to become the numbering 
authorities. TSAC estimates that the cost of marking a barge with an 
identification number could range from $500 to $1,500 depending on a 
number of factors including the size of the barge, whether the work is 
done by a shipyard or the owner, and the area of the country where the 
work is done.
    2. The responses from the States emphasized the difficulty of 
determining the number of barges in their State to be numbered, and the 
amount of revenue that could be collected by the States if the States 
were to be the numbering authorities. The States indicated that if 
assignment of numbers and maintenance of owner information were the 
only cost factors considered, the costs would be relatively low. These 
States pointed out, however, that registration and numbering in some 
States also involve verification of vessel ownership and enforcement of 
the numbering requirement, which would increase costs. The States 
estimated that the fees collected would not cover the costs of 
numbering barges and enforcing the numbering requirement.
    3. Both TSAC and the States expressed concerns about relying on the 
States to number undocumented barges. The response asserted that barge 
operations are interstate in nature, making it difficult to determine 
the State of principal operation and to reach reciprocity among or 
between States for the numbering of barges and collection of fees. 
Affixing the State issued 3'' numbers to barge hulls will not, 
according to the States, achieve the intent to identify the owners of 
barges found abandoned. TSAC also noted that barge owners may be 
subject to confusing or conflicting requirements among States issuing 
numbers that condition issuing a number on meeting State requirements 
for safety certificates. Some responses warned that these State 
requirements could be duplicative or contrary to Federal requirements 
for commercial vessels or barges and may not be recognized by all 
States. Most undocumented barges, these responses noted, cannot be 
Coast Guard documented, because they do not meet the requirement for a 
Builder's Certificate or chain of title. Also, undocumented barges 
normally lack a hull identification number and barge names do not 
provide a unique identifier. Some State representatives contend that in 
States that title boats, there are irreconcilable differences between 
the Uniform Commercial Code (UCC) system used by States to perfect 
liens and the Federal Ship Mortgage Act applicable to commercial 
vessels and barges. The States further expressed concern over the 
potential need for developing State legislation, regulations, policies, 
procedures and even new programs to register (number) barges using 
manual or automated systems. The States also indicated that a number of 
States would be reluctant to take on the additional responsibility and 
financial burden associated with numbering unpowered barges.
    4. Both TSAC and the States expressed support for relying on the 
Coast Guard to issue numbers for undocumented barges. TSAC and the 
States argued that if the Coast Guard issued numbers for undocumented 
barges, the numbering system would be more efficient because the barge 
industry would be required to deal with only one issuing authority, 
meet one authority's requirements, and the barge and barge owner 
identification would be maintained in one information system available 
to Federal, State, local law enforcement, and the public, 24 hours each 
day, seven days each week. The Coast Guard currently issues numbers for 
undocumented barges for Certificate of Inspection purposes and those 
barges are marked with that number. The responses received also 
suggested that the Coast Guard could issue a 6-character number (letter 
followed by 5 digits vs. the official number which has ``NO'' followed 
by 6 digits) and further suggested that the documents could be called 
``Registration Number'' or ``Barge Registration'' to avoid confusion 
with a Coast Guard Document or Certificate of Inspection, and that 
different colors could be used. The responses further suggested that 
undocumented barges be marked in the same manner as documented barges 
and that barge owners be given up to two years to comply with the 
marking requirements to allow time to schedule marking of their barges 
and apportion the costs. The responses suggested that any new marking 
regulations allow a reasonable time for barge owners who are not in 
physical control of their barge (due to a multi-year lease or where the 
barge has been outside of the U.S. for an extended period) to come into 
compliance with new requirements. Some of the responses received 
emphasized that the initial registration of undocumented barges should 
be free of charges; however, subsequent endorsements, waivers, 
replacements or lien recordation could mirror fees for comparable 
documented vessel services. The States emphasized that the State 
numbering systems were equipped to number recreational vessels and 
similar commercial vessels, but not barges. The States suggested that 
barges be numbered in the State of the principal place of business of 
the barge owner rather than attempting to select a State of principal 
operation and transferring the vessel number each time the barge is 
moved.

Solicitation of Views

    The Coast Guard solicits comments from all segments of the marine 
community, State numbering authorities, National Boating Safety 
Advisory Council (NBSAC), and other interested persons on the economic 
and other impacts of numbering undocumented barges. The Coast Guard 
also requests suggested alternatives related to the numbering of 
undocumented barges. Persons submitting comments should do so as 
directed under Request for Comments above, and specify the area(s) of 
concern on which comments are being submitted, state what impacts may 
result from one or more alternatives identified, suggest other 
alternatives, and provide reasons to support the information provided 
on potential impact of suggested alternatives. The Coast Guard is 
particularly interested in receiving information, views, and data on 
the following questions and areas of concern:

1. What Should Be the Undocumented Barge Number?

    Should the number resemble the number issued for recreational 
vessels, a Coast Guard issued documentation number, a Coast Guard 
assigned number for certificate of inspection purposes, a hull 
identification number or another number?

2. How Should the Assigned Number Be Attached to Undocumented Barges?

    Should the number be attached to a barge similar to the numbers 
issued for recreational vessels, Coast Guard issued numbers for 
documented vessels and barges, State or Coast Guard assigned hull 
identification numbers, or some other means of attachment?

3. What Information Should Be Required To Obtain a Number for an 
Undocumented Barge?

    Should the numbering requirements for commercial barges be the same 
or different from recreational vessels, Coast Guard documented vessels 
an barges, or Coast Guard inspected vessels and barges?

4. What Are the Economic Impacts of Numbering Undocumented Barges on 
the Numbering Authority and on the Barge Industry?

    How many undocumented barges would likely be subject to numbering 
and how are they distributed throughout the United States?
    What impact would numbering undocumented barges have on State 
personnel and financial resources and other concerns, if the States 
were directed to number barges?
    What types of, and how much, potential revenue could be collected 
under a State numbering system?
    Who are the affected members of the barge industry?
    What is the economic impact of numbering undocumented barges on the 
barge industry?
    Are there any additional concerns of the barge industry?

5. Who Should Administer a System for Numbering Undocumented Barges?

    Should the authority to assign numbers and maintain ownership 
information for undocumented barges be the Coast Guard, the individual 
States, or another entity? Describe why the entity you suggest should 
be the issuing authority.
    Would the States agree to number undocumented barges voluntarily?
    If the States are directed to number barges, should States that 
refuse to do so lose their Coast Guard approval as the number issuing 
authorities for undocumented vessels, with the Coast Guard then 
becoming the issuing authority for those States?
    How should the barge numbering system address undocumented barges 
numbered in one State and operated routinely or sold for operation in a 
new State?
    Should the barge number issued depend on the State of principal 
operation like undocumented vessels, or be unrelated to any particular 
State to reflect the interstate operation of barges?
    Should the Coast Guard number undocumented barges in the same 
manner as documented vessels and barges and maintain the information in 
the same computer data base?
    Should the Coast Guard number undocumented barges in the same 
manner as it identifies undocumented barges for inspection certificate 
purposes and maintain the information in the same computer data base?

6. What Factors or Other Information Should Be Considered in 
Establishing a System for Numbering Undocumented Barges?

    Is there any other information you feel may be helpful in assisting 
the Coast Guard to implement barge numbering with the least negative 
impact on the States, the Coast Guard and the barge industry?
    What other alternatives regarding the numbering of undocumented 
barges to identify owners of barges found abandoned should be 
considered?
    All comments received by the Coast Guard as a result of this notice 
will be summarized and provided to NBSAC, TSAC, and NASBLA organization 
members for their consideration and consultation. The Coast Guard will 
consider all relevant comments in the development of any regulatory 
project to establish a mandatory numbering system for undocumented 
barges over 100 gross tons.

    Dated: October 7, 1994.
G.A. Penington,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 94-25721 Filed 10-17-94; 8:45 am]
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