[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Proposed Rules]
[Pages 55890-55902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26900]




[[Page 55889]]

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Part II





Department of Transportation





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Coast Guard



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33 CFR Part 164



Navigation Safety Equipment for Towing Vessels; Proposed Rule

  Federal Register / Vol. 60, No. 213 / Friday, November 3, 1995 / 
Proposed Rules   

[[Page 55890]]


DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 94-020]
RIN 2115-AE91


Navigation Safety Equipment for Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to require that towing vessels carry 
and properly use equipment such as radars, compasses, marine charts or 
maps, and publications and that they choose, inspect, and maintain 
towlines. This rule is necessary as part of a comprehensive initiative 
to improve navigational safety for towing vessels. If it becomes final, 
it will help prevent another catastrophic train-wreck such as that of 
the Sunset Limited in Alabama during September, 1993, and another spill 
such as that off Puerto Rico during January, 1994.

DATES: Comments must be received on or before February 1, 1996.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA, 3406) (CGD 94-020), 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. Comments on collection-of-information 
requirements must be mailed also to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW., Washington DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    A copy of the material listed in Incorporation by Reference of this 
preamble is available for inspection at room B-726, U.S. Coast Guard 
Headquarters.

FOR FURTHER INFORMATION CONTACT: Mr. Edward LaRue, Vessel Traffic 
Services Division (G-NVT), Office of Navigation Safety and Waterway 
Services, (202) 267-0416, or LCDR Suzanne Englebert, Project 
Development Branch (G-MES-2), Office of Marine Safety, Security and 
Environmental Protection, (202) 267-6490.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD 94-020] and the specific section of this 
proposed rule to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public meetings. Persons may request a 
public meeting by writing to the Marine Safety Council at the first 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If the Coast Guard determines that the 
opportunity for additional oral presentations will aid this rulemaking, 
the Coast Guard will hold a public meeting at a time and place 
announced by a later document in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Edward 
LaRue, Project Manager, Vessel Traffic Services Division (G-NVT), LCDR 
Suzanne Englebert, Project Manager, Project Development Branch (G-MES-
2), Office of Marine Safety, Security and Environmental Protection, and 
Pat Murray, Project Counsel, Office of Chief Counsel.

Background and Purpose

    This proposed rule, if it becomes final, will constitute part of a 
comprehensive initiative by the Coast Guard to improve navigational 
safety for towing vessels. While other regulatory efforts are 
concentrating on reporting of casualties, on licensing, and on training 
on radar, this rule would help ensure that the mariner piloting a 
towing vessel has adequate equipment to safely navigate the waters 
being transited. It would impose the following: (1) Requirements for 
carriage of radars, searchlights, radios, compasses, swing-meters, echo 
depth-sounding devices, electronic position-fixing devices, marine 
charts or maps, and publications; (2) requirements for proper use of 
this navigational equipment; (3) requirements for maintenance, 
inspection, and serviceability of towlines, towing gear, and terminal 
gear; and (4) general requirements for navigational safety.

Review of Marine-Safety Issues Related to Uninspected Towing 
Vessels

    Soon after the fatal accident on September 22, 1993, near Mobile, 
Alabama, in which a barge collided with a railroad bridge and caused 
the Sunset Limited to plunge into a bayou, the Secretary of 
Transportation directed that the Coast Guard and the Federal Railroad 
Administration review the circumstances of the accident and undertake 
initiatives to minimize the risk of any similar tragedy in the future. 
Later, on March 2, 1994, the Coast Guard published (59 FR 10031) a 
notice of meeting and availability of study that announced both the 
availability of a study prepared by the Coast Guard, ``Review of Marine 
Safety Issues Related to Uninspected Towing Vessels,'' and a meeting to 
review the study and to seek public comment on the recommendations made 
in the study.
    The study examined marine-casualty statistics over a 12-year period 
(1980-1991). The Coast Guard made 19 recommendations: on the reporting 
of marine casualties and hazardous conditions; on bridge-fendering 
systems and navigational lighting; on the adequacy of the Aids to 
Navigation System for marking the approaches to bridges over navigable 
waterways; on the training and licensing of operators of uninspected 
towing vessels (OUTVs); and on--the subject of this proposed rule--the 
adequacy of navigational equipment for uninspected towing vessels 
(UTVs).
    The public meeting announced [59 FR 10031] on March 2, 1994, was 
held on May 4, 1994, to discuss regulatory initiatives of the Coast 
Guard stemming from the derailment of the Sunset Limited. This meeting 
was well attended by the public, representing a wide range of towing 
and other interests. Right afterward, the Towing Safety Advisory 
Committee (TSAC) formed a working group of towing experts from the 
industry (TSAC working group) to help the Coast Guard formulate 
standards. A meeting of the TSAC working group was announced (59 FR 
13353) on March 21, 1994, and held on April 5, 1994; and the group made 
recommendations to the full TSAC at its public meeting on May 6, 1994. 

[[Page 55891]]

    In the notice of March 2, 1994, the Coast Guard had specifically 
sought comments on a proposal to require radar and marine charts or 
maps and publications aboard towing vessels and--the subject of a 
separate rulemaking--to require that the operator of the radar system 
be a qualified radar observer. The Coast Guard received a total of 23 
comments in response to the notice. A summary of them appears in the 
following section, Discussion of Proposed Rules.
    During the public meeting, the Coast Guard also recognized the 
significant impact of improper towlines and related towing gear on 
navigational safety. The need to regulate these lines and gear, within 
any comprehensive navigational-safety proposal, had been made manifest 
by the tragic spill along the coast of Puerto Rico near San Juan, in 
January 1994. The T/B MORRIS J. BERMAN lost about 750,000 gallons of #6 
fuel oil when the towing vessel's towline parted and the vessel was 
unable to recover the barge before it went aground. Groundings, delays 
of shipping, collisions, and allisions with bridges are all by-products 
of the improper use of towing gear. Ensuring that the towing vessel has 
sufficient navigational equipment to fix its position will make little 
sense unless the vessel is made fast to its tow.

Discussion of Proposed Rules

    1. Scope of application and exemptions. This proposed rule would 
apply to all towing vessels 8 meters (26.25 feet) or more in length 
operating in the navigable waters of the United States, except for 
certain yard craft used in restricted service and for assistance towing 
vessels.
    The applicability of these requirements was discussed at length in 
both the public meeting and the meeting of the TSAC working group, 
which recommended that towing vessels less than 8 meters (26.25 feet) 
in length not pushing barges, and towing vessels under 15 meters 
(around 50 feet) used only for towing disabled vessels, be exempt from 
these requirements. One attendee at the public meeting questioned 
whether these requirements would unduly burden small towing vessels 
primarily engaged in rescuing recreational boats. Several attendees 
urged the exemption of yard craft or fleeting boats operating only 
within a limited geographic area from these requirements. Others 
pointed out, however, that, on the lower Mississippi, fleeting boats 
are generally equipped with radar, to operate in restricted visibility 
and monitor their fleets for break-away barges.
    The Coast Guard has proposed a general criterion of 8 meters (26.25 
feet) in length because this excludes most of the small craft that 
neither tow barges nor operate offshore in heavy weather. Also, this 
length is consistent with the rules of the Vessel Bridge-to-Bridge 
Radiotelephone Act (codified as 33 U.S.C., Chapter 24) and with the 
Vessel Traffic Service regulations.
    Proposed Sec. 164.01(b)(1) would exempt most yard and fleeting 
craft from the requirements in proposed Sec. 164.72. It would exempt 
those yard and fleeting craft used solely for making up or breaking up 
tows or other work in and around piers or fleeting areas. While the 
navigational equipment in the latter section may be valuable for many 
yard craft, it may not be for others. To prevent abuse of this 
provision, this rule would give wide discretion to Captains of the Port 
(COTPs) to determine whether particular vessels should be exempt and to 
allow sufficient time for those that should not to be brought into 
compliance. There may be areas where fleeting boats routinely cross 
busy navigable channels or operate in crowded harbors. In such areas, 
this exemption would be inappropriate. Owners, operators, or masters of 
vessels could ask COTPs to declare in advance whether certain vessels 
are exempt.
    Further, proposed Sec. 164.01(b)(2) would exempt towing vessels 
engaged solely in rescue and assistance from the requirements in 
proposed Sec. 164.72. An entire industry catering to the towing of 
disabled recreational boaters has developed in recent years. These 
rescue-and-assistance towing vessels are usually small and are 
generally recognized by their local Coast Guard search-and-rescue 
stations as alternative-assistance vessels. The mariners operating 
these vessels also satisfy licensing requirements more stringent than 
their counterparts aboard typical small vessels. Because of their 
limited operating nature, Sec. 164.01(b)(2) proposes an exemption from 
Sec. 164.72; however, if any of them also engages in salvage work or 
commercial towing of barges, vessels, or objects not in distress, many 
of the proposed requirements would be appropriate. An exemption from 
the proposed requirements of Sec. 164.72 should be based on the entire 
scope of work an owner, master, or operator of a vessel declares. With 
the help of TSAC, the Coast Guard is developing criteria to assess 
whether a size or type of commercial towing operation should also be 
exempt from the requirements in Sec. 164.72. The Coast Guard solicits 
comments on this matter.
    2. Definitions. Based on the recommendations of TSAC on current 
operating practices within the towing industry, this proposed rule 
would divide areas of operation into rivers, Western rivers, U.S. 
navigable waters other than rivers and Western rivers, and waters 
seaward of U.S. navigable waters or, for vessels operating on the Great 
Lakes, waters over three nautical miles from shore. The definitions 
proposed in Sec. 164.70 distinguish the areas of operation and are 
consistent with the International Regulations for Preventing Collisions 
at Sea, 1972 (codified as 33 U.S.C., Chapter 30); the Inland 
Navigational Rules Act of 1980 (codified as 33 U.S.C., Chapter 34); and 
33 CFR part 2.
    3a. Radar. A marine radar is an essential piece of navigational-
safety equipment. Radar not only provides a means of detecting and 
avoiding other vessels at great distances and in restricted visibility, 
but allows the operator or master of the vessel to navigate safely on 
constricted waters in reduced visibility. During the public meeting and 
in meetings with the TSAC working group, members of the industry 
strongly endorsed a requirement for radar on board towing vessels and 
indicated that most towing vessels already, voluntarily, carry radar.
    The Coast Guard considered specifications for radar equipment for 
navigational safety and, after considerable deliberation and 
consultation with industry, would require in Sec. 164.72(a)(1) a radar 
meeting minimum marine specifications. Basic features necessary for 
safe navigation by radar come with almost every modern radar set: 
bearing-lines, ship's-heading marker, range rings, variable range-
scales, and variable pulse-width. Other features, which are desirable, 
come only with higher-quality commercial radars: higher power, which 
permits detection at longer range and better detection of small targets 
at closer range; interference rejection, which prevents interference 
from other radars operating on similar frequencies; and track 
histories, which allow display of relative motion of other vessels. 
Into Sec. 164.03(b) performance standards for marine radar, developed 
by the Radio Technical Commission for Maritime Services (RTCM), would 
be incorporated by reference. This approach would ensure the 
installation of an appropriate radar for the marine environment, yet 
would allow for the rapid changes in electronic technology and the 
inability of any regulatory regime to keep up with them. Furthermore, 
because this rule would apply broadly, while covered vessels differ 
widely, requiring features instead of standards might make equipping 

[[Page 55892]]
smaller vessels with radar impracticable and cost-prohibitive.
    The Coast Guard recognizes that owners or operators of vessels 
would need to assess their radar needs and local radar availability. 
Therefore, the Coast Guard is proposing in Sec. 164.72(a)(1) that the 
radar requirement become effective 1 year after the effective date of 
the final rule. It is imperative that radars be of marine quality and 
meet minimum standards; therefore, instead of giving an indefinite 
grandfather clause to those vessels with existing radars of unknown 
quality, the Coast Guard has proposed in Sec. 164.72(a)(1)(iv) a longer 
phase-in period for vessels with existing radars that do not meet 
performance standards of RTCM for marine radar.
    3b. Public comments on radar. The Coast Guard received 11 comments 
on the recommendation by the study that towing vessels of 8 meters 
(26.25 feet) or more in length carry radar. Of these, 5 generally 
supported the recommendation. Of these, one urged that the requirements 
regard size, service, trade, and location of vessels. Another urged 
that they regard at least size and operating-area. A third suggested 
rulemaking under the Ports and Waterways Safety Act (33 U.S.C. 1221, et 
seq.), which would require UTVs to carry surface-navigation radar. A 
fourth supported upgrading the radar already aboard towing vessels. A 
fifth, while generally supporting the use of radar aboard those 
vessels, argued that this use should not be mandatory and that, if it 
became so, the rule should consider both spatial limits and operational 
needs. Again, the approach of this proposed rule is to avoid features 
and to favor standards, which address these matters.
    Of the other six comments, one urged the Coast Guard to require 
that all towing vessels, not just those of 8 meters (26.25 feet) or 
more in length, carry radar. Contrary to this, another comment urged 
the Coast Guard not to require that all such vessels of 8 meters (26.25 
feet) or more in length carry radar and that lower tonnage or 
horsepower or smaller tows should relieve such vessels of the burden. A 
third urged the Coast Guard to require that every towing vessel carry 
two surface-navigation radars. A fourth urged the Coast Guard to 
require that every such vessel carry two commercial radars of which at 
least one must be working. A fifth urged the Coast Guard to address not 
the carriage of radar at large but the use of it in certain areas.
    The Coast Guard has determined that 8 meters (26.25 feet) is an 
appropriate minimal length. It also considered towing vessels' 
operating areas by exempting fleeting tugs, by requiring minimal 
performance standards for vessels operating within three nautical miles 
of shore, and by ensuring that radar of vessels on voyages offshore 
meet higher performance standards for the more severe weather and sea 
conditions. The performance standards of the RTCM for marine radar 
already take account of vessel sizes and routes of vessels by 
addressing capability of radar units, yet they do not dictate sizes of 
radar screens and scanners for vessels operating within three nautical 
miles of shore. The Coast Guard also recognizes the advantages of 
redundancy and of some preference to have both ``S'' band and ``X'' 
band radar capability. Two radars are not proposed in 
Sec. 164.72(a)(1), because this rulemaking seeks only to require 
minimal requirements; it does not preclude installing added equipment 
if owners, operators, or masters of vessels determine that it is 
needed, and it assumes that, once a radar is installed, it operates 
correctly.
    The sixth comment asked whether an inoperable radar would 
constitute a ``hazardous condition'' as defined by 33 CFR 160.203. This 
proposed rule would allow for continued operation of the towing vessel 
with an inoperable radar, though it would also call in Sec. 164.82 for 
the reporting of inoperable navigational equipment.
    4. Searchlight. The Coast Guard is proposing in Sec. 164.72(a)(2) 
that towing vessels be equipped with searchlights. A properly operating 
searchlight is an essential tool for the towing vessel. It is useful 
not only in navigating within restricted waterways but also in checking 
conditions of tows and warning other vessels of the presence of 
towlines. The TSAC working group specifically recommended that every 
towing vessel carry a commercial searchlight that could be directed by 
the vessel's operator or master. For a small vessel with an open 
steering station, a hand-held spotlight would suffice. For a typical 
towing vessel navigating with a one-person watch--in which the sole 
qualified operator or master acts as lookout, helmsman, and navigator--
the controls of the searchlight must be accessible from the main 
steering station. For a large vessel, remote controls may be necessary. 
The Coast Guard has found that searchlights with remote control are 
common in the towing industry and are available at relatively low cost.
    A searchlight is not a navigation light, for which uniform 
specifications are essential. The Coast Guard proposes in 
Sec. 164.72(a)(2) to ensure that the searchlight is an adequate tool. 
(The Coast Guard suggests, though it does not require, that the 
searchlight be housed in a weatherproof fitting, be designed for marine 
use, project a focused beam, and provide a minimum of 200,000 candle-
power.)
    5. VHF-FM Radio. VHF-FM radios are required by the Vessel Bridge-
to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), the Communications 
Act of 1934 as amended (47 U.S.C. 151 et seq.), and the Agreement 
Between the United States of America and Canada for the Promotion of 
Safety on the Great Lakes by Means of Radio, 1973. Section 164.72(a)(3) 
reiterates these requirements.
    The Coast Guard may require within this section a source of power 
to the radio in an emergency. This second source would ensure that at 
least one installed radiotelephone could function if the vessel lost 
power. The Coast Guard is soliciting comments on whether to require 
that the VHF-FM radio on a towing vessel have an emergency or back-up 
source of power.
    6. Compass. The compass is a piece of navigational equipment 
essential in many places. This proposed rule would require in 
Sec. 164.72(a)(4) an illuminated magnetic compass aboard every towing 
vessel, except one operating solely on rivers and Western rivers as 
defined by this rule.
    To navigate safely, a vessel operating in open waters must know its 
heading. A compass provides this--through dead reckoning (in restricted 
visibility or out of sight of landmarks); through fixes (in good 
visibility or within sight of landmarks); through checks on the effects 
of current or wind on course made good; and through indications of rate 
of turn for a tow.
    The TSAC working group recommended a marine compass that should (1) 
operate satisfactorily and remain usable under the operational and 
environmental conditions likely to be experienced; (2) have a compass 
card that is readable both during the day and at night; (3) be 
installed on, or as close as possible to, the vessel's centerline; (4) 
be installed so that, from its position, the view is as nearly 
uninterrupted as possible for the taking of bearings; (5) be clearly 
readable by the helmsman at the main steering station; (6) be installed 
as far as possible from any magnetic material; (7) have the compass 
card suspended in gimbals so that it cannot be dislodged and remains 
readable in any sea or weather; and (8) not be a fluxgate compass 
unless it can operate reliably on steel-hulled tugs without constant 
adjustment, particularly when the tugs are picking up and dropping off 

[[Page 55893]]
different configurations of steel-barge tows. The Coast Guard 
recognizes the recommendations of the TSAC working group as fitting 
guidelines for the magnetic compass. It does not propose the use of a 
fluxgate magnetic compass in Sec. 164.72(a)(4), because of the reliance 
of this type of compass on external power.
    The Coast Guard also considered and rejected an absolute 
requirement that every towing vessel carry a magnetic compass. It 
decided to provide towing vessels operating solely on rivers with a 
swing-meter exemption from this requirement, for the following reasons: 
(1) On rivers traffic essentially flows up or down the rivers. (2) On 
rivers masters or other operators are continually changing course so as 
to account for currents, eddies, and bends, without reference to 
magnetic headings. (3) While most nautical charts or maps display a 
compass rose, most river maps display just a ``north marker.'' And (4), 
although a magnetic compass would furnish some information on the swing 
of a vessel, a purpose-built swing-meter furnishes more.
    7. Swing-Meter. During both the public meeting and the meeting of 
the TSAC working group, the Coast Guard heard repeated testimony that 
on winding rivers a magnetic compass was less useful than a swing-meter 
(rate-of-turn indicator). The TSAC working group ultimately advised 
against a requirement of swing-meters, but even it acknowledged that 
they are often of immense value to vessels pushing barges ahead on 
rivers and inland waters.
    To accommodate areas where a swing-meter may be of more 
navigational use than a magnetic compass, Sec. 164.72(a)(4)(i) would 
allow a towing vessel to have either a swing-meter or a magnetic 
compass if operating solely on rivers and Western rivers. It would not 
allow this for every towing vessel operating within these waters. A 
vessel that also operates in or crosses large port areas where its 
heading is needed to navigate and where charts or maps are available 
with compass roses should carry a magnetic compass. The COTP can 
clarify in advance whether a specific towing vessel may substitute a 
swing-meter for a magnetic compass.
    8. Echo depth-sounding device (depth-sounder). Proposed 
Sec. 164.72(a)(5) would require a depth-sounder aboard every towing 
vessel on any waters except rivers and Western rivers. The Coast Guard 
considers a depth-sounder a valuable navigational tool on any waters, 
including rivers. It can not only provide immediate information on 
depth but also assist in fixing position.
    On rivers where depth fluctuates with the gauge, a depth-sounder 
furnishes useful information for the return trip and, when the mariner 
annotates a chart or map as he or she goes, lets him or her correlate 
gauges with depths. Nevertheless, on rivers the actual use--as distinct 
from the abstract utility--of a depth-sounder can prove problematic. A 
portable depth-sounder may make more sense aboard a lead barge than an 
installed one makes aboard a towing vessel itself; yet aboard a lead 
barge a depth-sounder runs the greatest risk of damage from ice or 
flotsam. Therefore, on rivers, both whether and where to deploy a 
depth-sounder would remain within the discretion of the owner, 
operator, or master of the towing vessel.
    Proposed Sec. 164.72(a)(5) would exempt a towing vessel operating 
solely on rivers and Western rivers from the requirement for a depth-
sounder. This exemption is not meant to include every towing vessel 
operating within these waters. A vessel that also operates in or 
crosses large port areas where water depth helps to fix the vessel's 
position should carry a depth-sounder. The COTP can clarify in advance 
whether a specific towing vessel must carry a depth-sounder.
    The Coast Guard recognizes that owners or operators of vessels 
would need to research depth-sounders' availability. Installation is 
also generally completed during a vessel's drydock period. Therefore, 
proposed Sec. 164.72(a)(5) would require the depth-sounder 5 years 
after the effective date of the final rule.
    9. Electronic position-fixing device. This proposed rule would 
require in Sec. 164.72(a)(6) an electronic position-fixing device 
aboard each towing vessel operating seaward of the navigable waters of 
the U.S. or over three nautical miles from shore on the Great Lakes. 
Such devices--usually, receivers for either LORAN-C or a Global-
Positioning System (GPS)--have become essential pieces of navigational 
equipment aboard vessels operating out of sight of land. Most if not 
all offshore towing vessels already, voluntarily, carry these devices. 
The TSAC working group recommended carriage of these devices. The cost 
of receivers from LORAN-C and GPS continues to decline; reliability 
continues to improve.
    The Coast Guard considered requiring the carriage of electronic 
position-fixing devices by all towing vessels, but decided against it. 
First, fixes stated in latitude and longitude on inland waterways are 
now of little use to the mariner, because few charts and maps of rivers 
give latitude and longitude. Second, although Electronic Chart Display 
and Information System (ECDIS) may someday display real-time fixes on 
charts or maps generated electronically, requiring ECDIS would be 
premature until standards for the devices are adopted by the 
International Maritime Organization (IMO) and the devices are shown to 
be accurate and reliable. (Because differential GPS, or dGPS, already 
affords great accuracy and reliability, the Coast Guard recommends that 
anyone in the market for a new device consider a receiver that either 
picks up a dGPS signal by itself or works with a differential 
receiver.)
    10a. Charts or maps and publications.
    Charts or maps. Proposed Sec. 164.72(b)(1) would require that every 
towing vessel carry charts or their equivalent for the areas it 
transits. The TSAC working group, as well as individual participants in 
the public meeting, thought carriage of such charts or maps a sound 
idea.
    The Coast Guard recognizes that, on many of the Western rivers and 
other inland waters, the National Ocean Service does not provide charts 
or maps. There, the rule specifically allows the use of maps from the 
Army Corps of Engineer or other river authority. One chart or map would 
suffice on towing vessels transiting rivers where only one is 
available.
    The charts or maps would have to employ a suitable scale and 
contain suitable detail for safe navigation. (1) General charts or 
maps, scaled from 1:600,000 down to 1:150,000, would be suitable only 
for plotting a course well offshore; they contain too little detail for 
a towing vessel approaching shore. (2) Coastal charts or maps, scaled 
from 1:150,000 down to 1:50,000, are suitable for navigating inside 
offshore reefs and shoals, entering bays and harbors of appreciable 
size, and plying certain inland waterways. (3) Harbor charts or maps, 
scaled from 1:50,000 down, furnish details of harbors, anchorages, and 
small waterways. (4) Small-craft charts or maps furnish details of 
particular use to smaller craft; they are usually produced in strip 
format, which makes them useful on inland waterways.
    This proposed rule would also require the chart or map to be 
``currently corrected'' or be the ``current edition.'' These terms 
refer both to the edition of the chart or map and to corrections to it. 
Coast Guard Navigation and Vessel Inspection Circular (NVIC) No. 7-86 
entitled ``Information on the Adequacy and Currency of Nautical 
Charts'' addresses in detail the need for current nautical charts or 
maps on ships, and much of its commentary applies to towing vessels as 
well. Specifically, a 

[[Page 55894]]
new edition of a chart or map often shows data such as new survey 
information, new structures, or a change in the chart's or map's datum 
that would not appear in a Notice to Mariners. Therefore, even a 
corrected chart or map, if superseded, may pose a risk to mariners. The 
Coast Guard recognizes that current editions of charts or maps are not 
always reasonably available. Where they are not, the Coast Guard would 
allow the use of a currently corrected edition.
    Members of the public questioned the need for the most current 
editions of charts or maps on rivers, noting that owners, operators, or 
masters of towing vessels often extensively annotate their charts or 
maps with information on shoaling, currents, and so forth. While this 
annotation enhances the usefulness of superseded charts or maps, most 
charts or maps published by the National Ocean Service are updated when 
the number of corrections reach a predetermined threshold. River maps 
published by the Army Corps of Engineers are updated every few years. 
The Coast Guard has determined that the burden of transferring personal 
annotations to a new edition of a chart or map on such an occasional 
basis is far outweighed by the increase in accuracy and reliability of 
a current chart or map. Therefore, for vessels that operate solely in 
U.S. navigable waters and on routes that are frequent, short, and 
generally limited to a few well-annotated charts or maps, 
Sec. 164.72(b)(1)(ii)(A) would require the carriage of current editions 
of charts or maps on board.
    ``Currently corrected'' refers to the incorporation of corrective 
notices to a current edition of a chart or map that appear in Notices 
to Mariners. These notices, published by the Coast Guard and the 
Defense Mapping Agency (the Army Corps of Engineers also publishes 
Notices to Navigation), provide essential navigational information 
about specific waterways, weekly, including information on the location 
of dredging, obstructions in waterways, and changes in location of aids 
to navigation. Many towing companies indicated that they routinely use 
facsimile machines to transmit these notices to their vessels. However, 
during the public meeting there was some concern that the most recent 
Notices to Mariners might not always arrive on time. The Coast Guard is 
addressing this concern and is exploring the possibility of an 
electronic-bulletin-board system. Therefore, for vessels that operate 
seaward of U.S. navigable waters, and three nautical miles or more from 
shore on the Great Lakes, and on routes offshore, and for vessels that 
generally rely on several corrected charts or maps, 
Sec. 164.72(b)(1)(ii)(B) would require the carriage of corrected charts 
or maps on board. To limit the administrative burden on operators or 
masters, this rule would require the entry only of those changes 
applicable to the vessel's transit and reasonably available to the 
operators or masters. For example, a towing vessel with a 3-meter draft 
would not have to update depths in a shallow creek used by recreational 
boaters.
    Publications. Every towing vessel would have to carry appropriate 
navigational-safety publications for the areas where it operated. These 
publications provide crucial information beyond that found on charts or 
maps: bridges' clearances and terms of openings; channels for use on 
radio; local limits on speed or other activities; currents; and timely 
advice on hazards to navigation. The publications required by proposed 
Sec. 164.72(b)(2) for the most part follow those recommended by the 
TSAC working group. For these publications as for charts or maps, 
``currently corrected'' implies recency and relevance. The act of 
shifting information from notices to publications would cost each 
mariner around 20 minutes a week, and this slight expenditure of time 
would bring two big benefits. It would force the mariner into the 
notices, and it would leave him or her with accurate publications for 
ready reference.
    10b. Public comment on marine charts or maps and publications. Six 
comments addressed the recommendation of the study by the Coast Guard, 
that charts (including maps) and publications be carried aboard towing 
vessels. Three of these six supported this recommendation for charts or 
maps. Two more of these six also supported this recommendation for 
current or corrected publications, and one of these two further 
contended that a requirement of this nature would enhance the safety of 
personnel and the environment. The other also suggested that the Coast 
Guard consider size of vessel and area of operation while developing 
these requirements.
    Proposed Sec. 164.72(b) would require charts or maps and 
publications that cover a vessel's operational area. It does not, 
however, take account of a vessel's size, except as it distinguishes by 
applicability between vessels of 8 or more meters in length and other 
vessels.
    One comment opposed using river charts or maps for navigation. It 
contended that these charts or maps are unreliable because constant 
changes in the river make them outdated and because few show sets, 
depths, drafts, or accurate sailing lines. It added that the 
information on the charts or maps is often overly condensed, readable 
only by use of a magnifying glass.
    The Coast Guard, recognizing the limits of some river charts or 
maps, believes charts or maps a necessary navigational tool. Individual 
annotation of river charts or maps adds to their utility.
    One comment argued that charts or maps and publications aboard 
towing vessels on rivers should comprise charts or maps from the Army 
Corps of Engineers, Light Lists, Notices to Mariners with changes to 
charts or maps, and notices of regattas. (a) One comment urged that the 
Coast Guard accept charts or maps with changes added by hand, as well 
as recent charts or maps, in fulfillment of any requirement for charts 
or maps. (b) The same comment argued that updating publications daily 
is unnecessary--and a requirement of it unjustified--and suggested that 
the Coast Guard implement a system of looseleaf binders into which 
recently corrected pages could be inserted. This comment also urged 
that, because broadcasts to mariners by the Coast Guard are too 
infrequent and often are hard to understand, the Coast Guard develop a 
system of electronic Notices to Mariners under which current 
information could reach mariners at once but which, once printed, could 
be preserved for future reference.
    The Coast Guard has allowed for the use of river charts or maps 
from the Army Corps of Engineers in appropriate areas. It understands 
the value of charts or maps with changes added by hand, but it does not 
regard out-of-date charts or maps, even ones annotated with care, as 
equivalent to current charts or maps. The Coast Guard is addressing the 
system of Notice to Mariners in a separate initiative and has included 
the issue of electronic updating within its scope rather than dealing 
with it piecemeal here.
    11. Towline and terminal gear. Proposed Secs. 164.74 and 164.76 
would establish standards of minimal adequacy for towing hawsers, wire-
rope towing cable, and associated gear and for their inspection and 
serviceability. Several participants in the public meeting noted that, 
unlike a conventional vessel, a towing vessel cannot navigate at all 
without taking account of another vessel or the equivalent: its tow. So 
an essential part of the overall navigation of a towing vessel is the 
gear making that vessel fast to its tow. Towlines and associated gear 
must be appropriate and must remain 

[[Page 55895]]
intact throughout a voyage to ensure the safety of all mariners and of 
the environment.
    Towing astern. To reflect current standards of industry, this 
proposed rule would codify guidelines developed by TSAC as set out by 
the Coast Guard in its NVIC 5-92, ``Guidelines for Wire Rope Towing 
Hawsers.'' But, for a vessel towing astern, this rule would go beyond 
NVIC 5-92 in two respects. It would require adherence to specific 
standards for inspection and serviceability. And, to ensure that these 
governed a towline wherever used, it would require that both an initial 
purchaser and any subsequent purchaser become aware of a towline's 
load-carrying capacity.
    First, strength is of the essence. Towing vessels are the prime 
movers and sole providers of navigation for the barges, vessels, and 
objects they are towing. Towlines and associated gear enable them to 
transmit the forces necessary to maneuver their tows, and they can 
operate only within the limits of their gear. Undersize (understrength) 
towlines may break or, at best, reduce their--and therefore their 
tows'--ability to maneuver.
    Proposed Sec. 164.74(a) would require the owner, operator, or 
master of a vessel engaged in towing astern to ensure that towlines 
used to tow a barge, vessel, or other object meet certain minimum 
standards. The sizing ratio between a towing vessel's bollard-pull 
capability and the towline is crucial. Manufacturers, classification 
societies, and organizations such as the Cordage Institute provide 
extensive sizing guidelines listed by a towing vessel's bollard-pull 
capability, its horsepower rating, or a towline's working-load limit. 
The Coast Guard would have the mariner evaluate the intended use of the 
towline, the capabilities of the towing vessel, and other conditions as 
detailed in Sec. 164.74(a)(1) to determine the appropriate towline size 
rather than setting specific ratios. This approach should keep the 
requirements flexible and accommodate technological advances in towline 
materials.
    Second, strength must be readily ascertainable by any user. 
Towlines often pass among owners of towing vessels. Judging a used 
towline by the manufacturer's data (or the original tensile test) may 
lead to a false sense of its minimum breaking strength. A new owner, 
operator, or master should know the strength of the used towline before 
counting on the towline. This proposed rule would require a new owner 
to ascertain that strength.
    Third, marlinspike seamanship, winches, and chafing gear affect 
towline strength. This proposed rule would require freedom from knots 
and, except in specified circumstances, from terminations in wire 
clips. It would also require winches that evenly spool and tightly wind 
towlines. These would extend the life of the towlines by reducing the 
dangers of crushing, kinking, and rusting.
    Fourth, proper maintenance carried out according to regular 
inspections preserves strength. Plain fatigue may weaken towlines. 
Sections 164.74(a)(3)(iii) and (iv) propose visual inspections of 
towlines and assessments of their suitability by people who know what 
they are looking at; can do something to correct any problems found 
with it; and would inspect it at a frequency appropriate for the 
deterioration rate or at least appropriate for the important role the 
towline plays in navigation safety. Recognizing towline deterioration 
is not an easy task. Material, environment, and many other factors can 
affect the deterioration rate of a towline. Manufacturers' guides, 
training manuals, text books, and other guidelines are available for 
most materials used to construct towlines. By keeping the requirements 
general, the proposed rule would accommodate technological advances in 
towline materials and lets the owner, master, or operator tailor a 
towline-replacement schedule to specific towline use. The proposed 
requirement to record the inspections would ensure that personnel are 
aware of the towline's history.
    Fifth, safety for the towing vessel and its tow is imperative. 
Safety of both the vessel and in some instances the barge is addressed 
by Sec. 164.74(b)(4), which would require an emergency means to 
disconnect the towline from the vessel. Section 164.74(b)(7) would also 
require a winch brake capable of controlling the towline as it pays 
out, even if power to the winch is lost.
    Pushing ahead or alongside. The Coast Guard and the TSAC working 
group also discussed towing vessels pushing ahead or alongside. Their 
gear is very different from conventional towlines, and general 
guidelines have not been developed. This proposed rule would recognize 
this, and in Sec. 164.76 would require that owners, masters, or 
operators assess their gear for suitability. However, it does not 
detail requirements for size, maintenance, or serviceability. Further 
research and assessment of this type of gear is being done by a TSAC 
working group to determine whether additional guidance is necessary. 
The Coast Guard is soliciting comments on any guidance that would be 
appropriate to improve the safety of pushing ahead or towing alongside.
    12. Navigation underway: towing vessels. This proposed rule would 
also require in Sec. 164.78 that towing vessels operate under a 
regulatory regime similar to the navigational-safety regulations for 
self-propelled vessels of 1,600 or more gross tons when underway on the 
navigable waters of the United States [compare 33 CFR 164.11]. After 
all, towing vessels resemble these vessels in many relevant respects. 
They may handle barges, vessels, or other objects quite as large, 
various, and hard to control as are these vessels and so may demand 
equivalent expertise at maneuvering, especially in the various 
conditions of weather and current that often prevail on the rivers. 
This regime would apply regardless of the tows' configurations and of 
those conditions. It would govern both navigational equipment and 
operation. It would require that, before the towing of barges, vessels, 
or objects, the owners, operators, or masters of the towing vessels 
confirm the presence aboard in working order of the necessary gear and 
check and consider the weather and aids to and other means of 
navigation while they determine appropriate speed, lights, lookouts, 
and maneuvering.
    13. Tests and inspections. Proposed Sec. 164.80 would require that 
towing vessels test their navigational and control navigational 
equipment under a regulatory regime similar to the navigational-safety 
regulations for self-propelled vessels of 1,600 GT or more, detailed in 
33 CFR 164.25. Verification of the navigational equipment to be used 
for maneuvering is essential and can prevent emergencies from arising 
during crucial transits. In addition, a basic inspection of the 
navigational equipment used to control the towing vessel, including the 
towline and terminal gear, would ensure that these essential systems 
are ready for use. The Coast Guard views the proposed tests and 
inspections as the least necessary to ascertain whether the vessel is 
prepared to safely navigate.
    14. Maintenance, failure, and reporting. Proposed Sec. 164.82 would 
require that owners, masters, and operators maintain navigational 
equipment in effective working order. Degraded, poorly maintained 
equipment can give them a false sense of security and prove more 
dangerous than inoperative equipment. Modern commercial-grade 
navigational equipment needs little maintenance and adjustment, but 
even this equipment may suffer damage by power surges or 

[[Page 55896]]
improper installation. Older equipment needs appreciably more 
maintenance and adjustment; for example, slow degradation of radar 
performance over time may go unnoticed unless dealer-prescribed 
maintenance and checks take place.
    Logs of inoperative equipment reflect the working order of a 
vessel's equipment to the owner, master, or operator. This proposed 
rule would require that owners, masters, or operators record 
inoperative equipment when it fails. This requirement would be similar 
to though less burdensome than the requirement for ships (compare 33 
CFR 164.55). It is based on recommendations from the TSAC working 
group. Several people attending the public meeting suggested that the 
rule require only that the operator or master use due diligence to 
repair inoperative equipment in a timely way. The prompt recording of 
``down'' equipment would certify the time of failure and would 
emphasize to the owners, masters, and operators the impact of 
inoperative equipment on the seaworthiness of towing vessels. For 
instance, where a vessel's only radar set fails during a voyage, the 
operator must enter the failure in the log and reckon his or her 
reduced capabilities (the vessel may continue the voyage if the 
dictates of good seamanship applied to the weather and other 
circumstances suggest the safety of continuing the voyage.). Even then, 
however, the operator must use due diligence to arrange for repairs.
    Reporting inoperative equipment serves to notify the Coast Guard of 
the state of that equipment. The Coast Guard needs to know this when a 
vessel enters a traffic-dense area, such as a Vessel Traffic Service 
Area, or when the failure of a certain piece of equipment could 
severely hamper safe navigation. Under Sec. 164.82(d), an owner, 
master, or operator would have to ask permission to deviate from the 
rules if he or she wanted to continue to operate his or her vessel with 
an inoperative radar 96 hours after it had failed. The Coast Guard 
expects that this permissive ``deviation'' from normal requirements 
would be invoked seldom. For radar sets, technical representatives and 
spare parts are available within 96 hours except in extraordinary 
cases.

Incorporation by Reference

    The following material would be incorporated by reference in 
Sec. 164.03: API Specification 9A, Section 3, ``Properties and Tests 
for Wire and Wire Rope''; ASTM D4268-93, ``Standard Methods of Testing 
Fiber Ropes''; CIA-3, ``Standard Test Methods including Required 
Terminations''; RTCM Paper 71-95/SC112-STD, ``RTCM Recommended 
Standards for Marine Radar Equipment Installed on Ships of Less Than 
300 Tons Gross Tonnage, Version 1.1''; and RTCM Paper 191-93/SC112-STD, 
``RTCM Recommended Standards for Marine Radar Equipment Installed on 
Ships of 300 Tons Gross Tonnage and Upwards, Version 1.3.'' Copies of 
the material are available from the sources listed in Sec. 164.03. 
Copies of the material are available, for inspection only, where 
indicated under ADDRESSES.
    Before publishing a final rule, the Coast Guard will submit this 
material to the Director of the Federal Register for approval of the 
incorporation by reference.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040 (February 26, 1979)).
    A draft Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared and is available in 
the docket for inspection or copying where indicated under ADDRESSES. A 
summary follows.
    This rule would apply to all towing vessels greater than 8 meters 
(26.25 feet) in length operating in U.S. waters. These vessels would 
have to retain manufacturing specifications on towlines and regularly 
maintain and inspect them. They would have to carry updated charts or 
maps and publications, marine radar, and searchlights. Some (depending 
on service) would also have to carry magnetic compasses or swing-
meters, depth-sounders, and electronic position-fixing devices.

Summary of Benefits

    The principal benefits of this proposed rule would be to enhance 
safety of navigation and reduce the risk of collisions, allisions, and 
groundings.
    The allision in September, 1993, of a tow with a fixed railroad 
bridge near Mobile, Alabama, established the necessity of navigational-
safety equipment for towing vessels. These requirements would reduce 
damage to the environment by increasing the number of tools at the 
disposal of a vessel operator, thereby decreasing the likelihood of an 
accident.
    The preliminary findings of studies prepared after the derailment 
of the Sunset Limited indicate that many owners and operators of towing 
vessels voluntarily equip their vessels with much of the proposed gear. 
Review of the kind and amount of equipment voluntarily installed 
suggests the desirability of the industry's taking these proposed 
navigational-safety measures. In addition, reliability and performance 
of modern navigational equipment has improved, which also suggests that 
mariners are being provided with valued, accurate information. The 
benefits of each piece of gear being proposed are as follows:
    A marine surface-navigation radar is an essential piece of 
navigational-safety equipment. Not only does it aid in detecting and 
avoiding other vessels; it helps in constricted waterways and during 
periods of decreased visibility.
    A searchlight also helps in restricted waterways. And it is 
essential in checking the condition of tows and warning other vessels 
of the presence of towlines.
    A magnetic compass indicates headings, which are critical to safe 
navigation of vessels in open waters. It allows dead-reckoning in 
restricted visibility, enables the vessel to fix its position, helps 
the vessel to determine the effect of winds and currents, and tells the 
rate of turn for the tow.
    A swing-meter, or rate-of-turn indicator, tells the rate of turn 
for the towing vessel itself, which is valuable for every vessel 
pushing ahead and is critical for any large, multiple-barge tow pushing 
ahead. TSAC has indicated the considerable value of this device to a 
vessel pushing ahead.
    A depth-sounder decreases the risk of grounding. It provides 
immediate information on depth, and also helps fix the vessel's 
position.
    An electronic position-fixing device has become a basic 
navigational tool on board both offshore and coastal vessels. It 
supplants plotting by traditional means, for which few towing vessels 
have either the time or the personnel.
    Updated charts or maps and publications have always been a basic 
navigational tool. They give detailed, recent information on 
obstructions, routes, bridge clearances, communication channels, river 
currents, and hazards to navigation.
    Finally, owners' and operators' retention of manufacturers' data on 
the breaking strength of towlines, together with minimal standards of 
inspection and serviceability, would help to ensure that towlines 
remain intact throughout transits and are of the appropriate sizes or 
configurations. The desirability of 

[[Page 55897]]
keeping tugs made up to their barges appears self-evident.
    All of these requirements essentially serve the same purpose: to 
increase navigational safety for towing vessels and barges on U.S. 
waters. Although the Coast Guard recognizes that many prudent operators 
already satisfy them, this rule would codify them, provide basic 
performance standards for the gear, and compel compliance for vessels 
not conforming to the sound practices of the majority of the industry.
    The benefits from these proposed requirements are significant. But 
the Coast Guard cannot quantify them from available data.

Summary of Costs

    The present value of the costs to the towing industry of installing 
the proposed navigational equipment is, on a very conservative 
estimate, just under $31.5 million. This estimate is based on Coast 
Guard research. It assumes that a high proportion of vessels do not 
already carry the proposed equipment, and does not factor in the 
difference in requirements for the difference in routes. Therefore, 
although it does not include costs for maintenance and repair, the 
Coast Guard expects that the actual value of the costs to the industry 
will run significantly lower than $31.5 million.
    The estimated cost for towing vessels 20 meters (65.62 feet) or 
more in length totals $9.9 million; this comes to about $4,600 a 
vessel. That for those between 8 and 20 meters totals $21.5 million; 
this comes to about $7,000 a vessel. The average cost for smaller 
vessels, paradoxically, is higher than that for larger ones because the 
Coast Guard's estimating methodology assumes that a larger proportion 
of smaller vessels do not already carry the proposed navigational-
safety equipment.
    This proposed rule would impose recurring costs in following years. 
There would be three annual components of recurring costs: updates, 
deviations, and towline testing. (a) Estimated cost of updates would be 
$520,000 a year for the purchase of new editions of charts or maps and 
publications as necessary. (b) Estimated costs of deviations would be 
about $50,000 a year, assuming 1,237 of them a year. This number is low 
because the rule would allow 96 hours to make any necessary repairs. 
This is to decrease the burden on industry, especially on small 
entities. (c) Finally, estimated cost of towline testing would be about 
$300 a test. At 1,041 tests a year (20 percent of vessels), this 
component would be $312,000 a year. These three annual components of 
recurring costs would total $882,000.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, would 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are not dominant in their field and (2) 
governmental jurisdictions with populations of less than 50,000.
    This proposed rule would require towing vessels to carry and 
properly use certain navigational-safety equipment and to meet 
requirements for serviceability and inspection of towlines. It would 
apply to all towing vessels 8 meters (26.25 feet) or more in length 
operating on the navigable waters of the United States, except for 
certain yard and fleeting craft used in restricted service and for 
towing vessels engaged solely in rescue and assistance.
    Voluntary carriage of the navigational-safety equipment addressed 
in this proposed rule is standard in the industry, and those vessels 
without equipment, charts or maps, and publications are the exception. 
The costs of this rule would consist of those incurred by enterprises, 
marginal in a legal if not an economic sense, to achieve compliance. 
For those owners, masters, or operators required to purchase equipment, 
charts or maps, and publications, the costs would be low in comparison 
with the value of their towing vessel, and in comparison with the 
damage that could be caused by an accident or a spill.
    This proposed rule would provide a 1-year phase-in period for new 
radar, a 2-year phase-in period for extant radar, and a 5-year phase-in 
period for depth-sounders. The phase-in periods would let affected 
entities schedule conversions during normal downtime periods, and would 
permit small entities sufficient time to explore the market, line up 
capital, and arrange contracts in advance with retailers. Many 
suppliers are carrying excess capacity, and bargaining power should 
favor the small operators with the foresight to take advantage of the 
grace conferred by phase-in periods.
    Because this proposed rule would exempt towing vessels of less than 
8 meters in length, certain yard and fleeting craft, and assistance-
towing vessels, because of the large number of vessels already in 
compliance, and because of the phase-in periods for several provisions, 
the Coast Guard certifies that this rule would not result in 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 proposed rule would have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule would economically affect it.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection-of-information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. Collection-of-information requirements include 
reporting, recordkeeping, notification, and other, similar 
requirements.
    This proposed rule contains collection-of-information requirements 
in the following sections: 164.72(b), 164.74(a), 164.78(b), and 
164.82(b) through 164.82(d). The following particulars apply:

DOT No.: 2115.
OMB Control No.: 2115-AE91
Administration: U.S. Coast Guard.
Title: Navigational-Safety Equipment for Towing Vessels
Need for Information: This proposed rule would require the mariner to 
log or otherwise record information necessary for the safe operation of 
the vessel. These recordkeeping requirements are largely consistent 
with good commercial practices and the dictates of good seamanship for 
safe navigation and maintenance of critical navigational-safety 
equipment. The following is a section-by-section justification of the 
collection requirements.

    Proposed Sec. 164.72(b) would require towing vessels to have on 
board and maintain navigational charts or maps, and publications. 
Carriage and proper updating of these charts or maps is essential for 
safe navigation and is consistent with the dictates of good seamanship.
    Proposed Sec. 164.74(a) would require owners, masters, or operators 
to obtain written verification of towline strength and to maintain this 
verification either on board the vessel or in company records. It would 
also require monthly records of towline inspection. Recording of this 
information is necessary to ensure that the mariner knows the minimum 
breaking strength of the towline, and is aware of any unusual stress on 
or wear to the line. 

[[Page 55898]]

    Proposed Sec. 164.78(b) would require a log entry or other onboard 
documentation of tests and inspections of equipment. Recording is 
necessary to provide inspectors of the Coast Guard or the company a 
written record ensuring performance of the required tests and 
inspections.
    Proposed Secs. 164.82(b)-(d) would require a record of inoperative 
navigational-safety equipment and a request for a deviation from these 
proposed rules if the radar is inoperative for 96 hours or more. This 
information is necessary because it lets towing vessels continue to 
operate when extraordinary circumstances make repair of inoperative 
navigational-safety equipment impracticable and there is no degradation 
of navigation safety in the vessels' continued operation.
    Proposed Use of Information: The primary use of this information 
would be to ensure that the mariner records information necessary for 
the safe operation and maintenance of the vessel. The secondary use 
would be to help Coast Guard inspectors to determine whether a vessel 
is in compliance or, in the case of a casualty, whether failure to meet 
this proposed rule contributed to the casualty. The Coast Guard has no 
specific plan to collect these data for statistical analysis.
    Frequency of Response: The various information called for by this 
proposed rule would be recorded at different intervals. Updates of 
charts or maps and publications under proposed Sec. 164.72(b) would be 
recorded weekly. Towline verification would require, for each towline, 
recording (though not submittal) of initial manufacturing data once and 
retainment indefinitely. Entries in inspection logs or other 
documentation for towlines under proposed Sec. 164.74(a) would require 
recording at least monthly. The recording under proposed Sec. 164.78(b) 
of tests and inspections of equipment would be frequent, and consistent 
with the underway schedule of the vessel. Finally, the recording of 
inoperative equipment and the submittal of requests for deviations 
under proposed Secs. 164.82(b) through (d) would occur infrequently, 
when certain navigational-safety equipment fails at all or certain 
other equipment is inoperative for greater than 96 hours.
    Burden Estimate: 336,102.08 hours.
    Respondents: 5,203 owners, masters, or operators of towing vessels.
    Average Burden Hours A Respondent: 64.6 annual hours a respondent.
    The Coast Guard has submitted the requirements to OMB for review 
under sub-Sec. 3504(h) of the Paperwork Reduction Act. Persons 
submitting comments on the requirements should submit their comments 
both to OMB and to the Coast Guard where indicated under ADDRESSES.

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under paragraphs 2.B.2e(34) (d) and (e) of 
Commandant Instruction M16475.1B, this rule is categorically excluded 
from further environmental documentation. This rule concerns only 
equipment approval. Approved equipment should contribute to the 
reduction of the occurrences of ship-generated oil spills in the marine 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 164

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 164 as follows:

PART 164--NAVIGATION SAFETY REGULATIONS

    1. The citation of authority for Part 164 is revised to read as 
follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also 
issued under 46 U.S.C. 6101.

    2. In Sec. 164.01, paragraph (b) is added to read as follows:


Sec. 164.01  Applicability.

* * * * *
    (b) Sections 164.70 through 164.82 of this part apply to each 
towing vessel of 8 meters (26.25 feet) or more in length operating in 
the navigable waters of the United States other than the St. Lawrence 
Seaway; except that a towing vessel is exempt from the requirements of 
Sec. 164.72 if it is used solely--
    (1) Within a limited geographic area, such as a particular 
fleeting-area for barges or commercial facility, and used solely for 
restricted service, such as making up or breaking up larger tows; or
    (2) For assistance towing as defined by 46 CFR 10.103.
    3. Section 164.03 is amended by revising paragraph (b) to read as 
follows:


Sec. 164.03  Incorporation by reference.

* * * * *
    (b) The materials approved for incorporation by reference in this 
part and the sections affected are as follows:

American Petroleum Institute (API);                                     
    1220 L Street, Northwest, Washington, DC 20005, API                 
     Specification 9A, Section 3, Properties and Tests for              
     Wire and Wire rope, 1984..............................       164.74
American Society for Testing and Materials (ASTM):                      
    1916 Race Street, Philadelphia, PA 19103. ASTM D4268-               
     93, Standard Methods of Testing Fiber Ropes, 1993.....       164.74
Cordage Institute:                                                      
    350 Lincoln Street, Hingham, MA 02043, CIA-3, Standard              
     Test Methods including Required Terminations, 6/80....       164.74
International Maritime Organization (IMO):                              
    4 Albert Embankment, London SE1 7SR, U.K., IMO                      
     Resolution A342(IX), Recommendation on Performance                 
     Standards for Automatic Pilots, adopted November 12,               
     1975..................................................       164.13
International Telecommunication Union Radiocommunication                
 Bureau (ITU-R):                                                        
  Place de Nations CH-1211 Geneva 20 Switzerland:                       
    (1) ITU-R Recommendation M.821, Optional Expansion of               
     the Digital Selective-Calling System for use in the                
     Maritime Mobile Service, 1992.........................       164.43
    (2) ITU-R Recommendation M.825, Characteristics of a                
     Transponder System using Digital Selective-Calling                 
     Techniques for use with Vessel Traffic Services and                
     Ship-to-Ship Identification, 1992.....................       164.43
Radio Technical Commission for Maritime Services:                       
  655 Fifteenth St., N.W., Suite 300, Washington, DC 20005:             
    (1) [Paper 12-78/DO-100], Minimum Performance                       
     Standards, Loran C Receiving Equipment, 12/20/77......       164.41
    (2) [Paper 194-93/SC104-STD], RTCM Recommended                      
     Standards for Differential NAVSTAR GPS Service,                    
     Version 2.1, 1994.....................................       164.43

[[Page 55899]]
                                                                        
    (3) [Paper 71-95/SC112-STD], RTCM Recommended Standards             
     for Marine Radar Equipment Installed on Ships of Less              
     Than 300 Tons Gross Tonnage, Version 1.1, 1995........       164.72
    (4) [Paper 191-93/SC112-STD], RTCM Recommended                      
     Standards for Marine Radar Equipment Installed on                  
     Ships of 300 Tons Gross Tonnage and Upwards, Version               
     1.3, 1993.............................................       164.72
                                                                        



    4. Sections 164.70, 164.72, 164.74, 164.76, 164.78, 164.80, and 
164.82 are added to read as follows:


Sec. 164.70  Definitions.

    For the purposes of Secs. 164.72 through 164.82, the term--
    Current edition means the most recent published version of a 
publication, chart, or map required by Sec. 164.72.
    Currently corrected means a current or previous edition of a 
publication required by Sec. 164.72, corrected with changes that come 
from Notices to Mariners or Notices to Navigation reasonably available 
and that apply to the vessel's transit.
    Departing from port means departing from an anchorage or facility 
for a transit beyond U.S. navigable waters as established in 33 CFR 
2.05-25.
    Great Lakes means the Great Lakes and their connecting and 
tributary waters including the Calumet River as far as the Thomas J. 
O'Brien Lock and Controlling Works (between miles 326 and 327), the 
Chicago River as far as the east side of the Ashland Avenue Bridge 
(between miles 321 and 322), and the Saint Lawrence River as far east 
as the lower exit of Saint Lambert Lock.
    River means any river, canal, or other, similar body of water 
designated by the Officer in Charge, Marine Inspection.
    Swing-meter means an electronic or electric device that indicates 
the rate of turn of the vessel on board which it is installed.
    Towing vessel means a commercial vessel engaged in or intending to 
engage in the service of pulling, pushing, or hauling along side, or 
any combination of pulling, pushing, or hauling along side.
    Western rivers means the Mississippi River, its tributaries, South 
Pass, and Southwest Pass, to the navigational-demarcation lines 
dividing the high seas from harbors, rivers, and other inland waters of 
the United States, and the Port Allen--Morgan City Alternative Route, 
and that part of the Atchafalaya River above its junction with the Port 
Allen--Morgan City Alternative Route including the Old River and the 
Red River and those waters specified by 33 CFR 89.25.


Sec. 164.72  Navigational-safety equipment, charts or maps, and 
publications required on towing vessels.

    (a) Except as provided by Sec. 164.01(b) (1) and (2), each towing 
vessel must be equipped with the following navigational-safety 
equipment:
    (1) Marine radar. By [date 1 year after the effective date of the 
final rule.], a marine radar that meets the following applicable 
requirements:
    (i) For a vessel of less than 300 gross tons that engages in towing 
on navigable waters of the U.S., including rivers and Western rivers, 
the radar must meet--
    (A) The requirements of the Federal Communications Commission (FCC) 
specified by 47 CFR Part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category II and stabilization Category Bravo.
    (ii) For a vessel of less than 300 gross tons that engages in 
towing seaward of navigable waters of the U.S. or more than three 
nautical miles from shore on the Great Lakes, the radar must meet--
    (A) The requirements of the FCC specified by 47 CFR Part 80; and
    (B) RTCM Standard for Marine Radar Equipment Installed on Ships of 
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD, Version 
1.1, display Category I and stabilization Category Alpha.
    (iii) For a vessel of 300 gross tons or more that engages in 
towing, the radar must meet RTCM Recommended Standards for Marine Radar 
Equipment Installed on Ships of 300 Tons Gross Tonnage and Upwards, 
Version 1.3, RTCM Paper 191-93/SC112-STD.
    (iv) A towing vessel with an existing radar must meet the 
applicable requirements of paragraphs (a)(1) (i) through (iii) of this 
section by [date 2 years after effective date of the final rule.]; 
except that a towing vessel with an existing radar must meet the 
display and stabilization requirements of paragraph (a)(1)(ii)(B) of 
this section by [date 5 years after effective date of the final rule.].
    (2) Searchlight. A searchlight, directable from the vessel's main 
steering station and intense enough to help aid in navigation, docking, 
and checking the condition of the tow.
    (3) VHF-FM radio. An installation or multiple installations of VHF-
FM radios as prescribed by Part 26 of this chapter and 47 CFR Part 80, 
to maintain a continuous listening watch on the designated calling 
channel, VHF-FM Channel 13 (except on portions of the Lower Mississippi 
River, where VHF-FM Channel 67 is the designated calling channel), and 
to separately monitor the International Distress and Calling Channel, 
VHF-FM Channel 16, except when transmitting or receiving traffic on 
other VHF-FM channels or when participating in a Vessel Traffic Service 
(VTS) or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 
feet (about 8 meters) or more in length, except a public vessel, must 
hold a ship-radio station license for radio transmitters (including 
radar and EPIRBS), and each operator must hold a restricted operator's 
licence or higher. To get an application for either license, call (800) 
418-FORM or (202) 418-FORM, or write to the FCC; Wireless Bureau, 
Licensing Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
    (4) Magnetic compass. Either--
    (i) An illuminated swing-meter or card-type magnetic steering 
compass readable from the vessel's main steering station, if the vessel 
engages in towing exclusively on rivers or Western rivers; or
    (ii) An illuminated card-type magnetic steering compass readable 
from the vessel's main steering station.
    (5) Echo depth-sounding device. By [date 5 years after the 
effective date of the final rule.], an echo depth-sounding device 
readable from the vessel's main steering station, unless the vessel 
engages in towing exclusively on rivers or Western rivers.
    (6) Electronic position-fixing device. An electronic position-
fixing device, either a LORAN-C receiver or a satellite navigational 
system such as the Global Positioning System (GPS) as required by 
Sec. 164.41, if the vessel engages in towing seaward of navigable 
waters of the U.S. or more than three nautical miles from shore on the 
Great Lakes.
    (b) Each towing vessel must carry on board and maintain the 
following:
    (1) Charts or maps. Marine charts or maps of the area to be 
transited, published by the National Ocean Service, the Army Corps of 
Engineers, or a river authority that are--
    (i) Of a large enough scale and have enough detail to make safe 
navigation of the area possible; and
    (ii) Either--
    (A) The current edition, if the vessel engages in towing 
exclusively on navigable waters of the U.S., including rivers and 
Western rivers; or
    (B) Currently corrected, if the vessel engages in towing seaward of 
navigable 

[[Page 55900]]
waters of the U.S. or more than three nautical miles from shore on the 
Great Lakes.
    (2) General publications. A currently corrected edition of, or an 
applicable currently corrected extract from, each of the following 
publications for the area to be transited:
    (i) If the towing vessel is engaged in towing exclusively on rivers 
and Western rivers--
    (A) U.S. Coast Guard Light List;
    (B) Applicable Notice to Navigation published by the U.S. Army 
Corps of Engineers, or Local Notice to Mariners published by the Coast 
Guard, for the area to be transited, when available; and
    (C) River-current tables published by the Army Corps of Engineers 
or a river authority, if available.
    (ii) If the vessel is engaged other than in towing exclusively on 
rivers and Western rivers--
    (A) Coast Guard Light List;
    (B) Coast Guard Local Notice to Mariners;
    (C) Tidal-current tables published by the National Ocean Service, 
or river-current tables published by the Army Corps of Engineers or a 
river authority;
    (D) Tide tables published by the National Ocean Service; and
    (E) U.S. Coast Pilot.
    (3) Inland Navigation Rules. The owner, master, or operator of each 
self-propelled vessel of 12 meters (39.38 feet) or more in length shall 
carry on board and maintain for ready reference a current edition of 
the Inland Navigation Rules as required by 33 CFR 88.05.
    (c) Table 164.72, following, summarizes the navigational-safety 
equipment, charts or maps, and publications required for towing vessels 
of 8 meters or more in length engaged in towing:

       Table 164.72.--Equipment, Charts, and Publications for Towing Vessels of 8 Meters or More in Length      
----------------------------------------------------------------------------------------------------------------
                                                                                         Waters seaward of U.S. 
                                                                U.S. navigable waters    navigable waters and 3 
                                   Rivers and western rivers    other than rivers or    NM or more from shore on
                                                                   western rivers            the Great Lakes    
----------------------------------------------------------------------------------------------------------------
Marine Radar:                                                                                                   
(1) Towing Vessels of Less than    RTCM Paper 71-95/SC112-    RTCM Paper 71-95/SC112-   RTCM Paper 71-95/SC112- 
 300 GT.                            STD Version 1.1, Display   STD Version 1.1,          STD Version 1.1,       
                                    Category II\1\             Display Category II\1\    Display Category I\2\  
                                    Stabilization Category     Stabilization Category    Stabilization Category 
                                    BRAVO.                     BRAVO.                    ALPHA.                 
(2) Towing Vessels of 300 GT or    RTCM Paper 191-93/SC112-   RTCM Paper 191-93/SC112-  RTCM Paper 191-93/SC112-
 More.                              STD Version 1.3.           STD Version 1.3.          STD Version 1.3.       
Searchlight......................              X                          X                         X           
VHF-FM Radios....................              X                          X                         X           
Magnetic Compass.................             X\3\                        X                         X           
Swing-Meter......................             X\3\            ........................  ........................
Echo Depth--Sounding Device......  .........................              X                         X           
Electronic Position--Fixing        .........................  ........................              X           
 Device.                                                                                                        
Charts or Maps...................  (1) Large enough scale...  (1) Large enough scale..  (1) Large enough scale. 
                                   (2) Current edition......  (2) Current edition.....  (2) Currently corrected.
General Publications.............  (1) U.S. Coast Guard       (1) U.S. Coast Guard      (1) U.S. Coast Guard    
                                    Light List.                Light List.               Light List.            
                                   (2) Notice to Navigator    (2) Local Notice to       (2) Local Notice to     
                                    or Local Notice to         Mariners.                 Mariners.              
                                    Mariners.                                                                   
                                   (3) River Current Tables.  (3) Tidal Current Tables  (3) Tidal Current       
                                                                                         Tables.                
                                                              (4) Tide Tables.........  (4) Tide Tables.        
                                                              (5) U.S. Coast Pilot....  (5) U.S. Coast Pilot.   
Inland Navigation Rules (if the                X                          X                         X           
 vessel is of 12 meters or more                                                                                 
 in length).                                                                                                    
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
\1\Towing vessels with existing radar must meet this requirement by [Date 2 years after effective date of the   
  rule.]                                                                                                        
\2\Towing vessels with existing radar must meet display and stablization requirements by [Date 5 years after    
  effective date of the rule.]                                                                                  
\3\Towing vessels may carry either a swing--meter or a magnetic compass.                                        

Sec. 164.74  Towline and terminal gear for towing astern.

    (a) Towline. The owner, master, or operator of each vessel towing 
astern shall ensure that the strength of each towline is adequate for 
its intended service, considering at least the following factors:
    (1) The size and material of each towline must be--
    (i) Appropriate for the horsepower or bollard pull of the vessel;
    (ii) Appropriate for the static loads and dynamic loads expected 
during the intended service;
    (iii) Appropriate for the sea conditions expected during the 
intended service;
    (iv) Appropriate for the temperatures of normal stowage and service 
on board the vessel;
    (v) Compatible with associated navigational-safety equipment;
    (vi) Appropriate for the likelihood of mechanical damage; and
    (vii) Appropriate for exposure to the marine environment and to any 
chemicals used or carried on board the vessel.
    (2) Each towline as rigged must--
    (i) Be free of knots;
    (ii) Be spliced with a thimble, or have a poured socket at its end; 
and
    (iii) Be free of wire clips except for temporary repair. In the 
case of temporary repair, the towline must have a thimble and either 
five wire clips or as many wire clips as the manufacturer specifies for 
the nominal diameter and construction of the towline, whichever is 
more.
    (3) The condition of each towline must be monitored through the--
    (i) Keeping on board the towing vessel or in company files of a 
record of the towline's initial minimum breaking strength as determined 
by the manufacturer, by a recognized classification society, or by a 
tensile test that meets API Specification 9A, Section 3; ASTM D4268-93; 
or Cordage Institute CIA 3, Standard Test Methods;
    (ii) Keeping on board the towing vessel or in company files of a 
record of each retest of the towline's minimum 

[[Page 55901]]
breaking strength as determined by a recognized classification society 
or by a tensile test that meets API Specification 9A, Section 3; ASTM 
D4268-93; or Cordage Institute CIA 3, Standard Test Methods, if the 
towline is purchased from another owner, master, or operator of a 
towing vessel with the intent to use it as a towline or if the towline 
is retested for any reason;
    (iii) Conducting of visual inspections of the towline in accordance 
with the manufacturer's recommendations, or at least monthly, and 
whenever the serviceability of the towline is in doubt (the inspections 
must be conducted by the owner, master, or operator, or by a person on 
whom the owner, master, or operator confers the responsibility to take 
corrective measures appropriate for the use of the towline);
    (iv) Evaluating of the serviceability of the whole towline or any 
part of the towline, and removing the whole or part from service either 
as recommended by the manufacturer or a recognized classification 
society or in accordance with a replacement schedule developed by the 
owner, master, or operator that accounts for at least the--
    (A) Sea miles or time in service of the towline;
    (B) Operating conditions experienced by the towline;
    (C) History of loading, including any shock loading, of the 
towline;
    (D) Surface condition, including corrosion and discoloration, of 
the towline;
    (E) Amount of visible damage to the towline;
    (F) Amount of material deterioration indicated by measurements of 
diameter and, if applicable, of lay extension of the towline; and
    (G) Point at which a tensile test proves the minimum breaking 
strength of the towline inadequate by the standards of paragraph (a)(1) 
of this section; and
    (v) Keeping on board the towing vessel or in company files of a 
record of the material condition of the towline when inspected under 
paragraph (a)(3)(iii) of this section. Once this record lapses for 
three months or more, except for a vessel that is laid up or out of 
service or has not deployed its towline, the owner, master, or operator 
shall retest the towline or remove it from service.
    (b) Terminal gear. The owner, master, or operator of each vessel 
towing astern shall ensure that the gear used to control, protect, and 
connect each towline meets the following criteria:
    (1) The material and size of the terminal gear are appropriate for 
the strength and anticipated loading of the towline and for the 
environment;
    (2) Each connection is secured by at least one nut with at least 
one cotter pin or other means of preventing its failure;
    (3) The lead of the towline is appropriate to prevent sharp bends 
in the towline from fairlead blocks, chocks, or tackle;
    (4) There is provided a method, whether mechanical or non-
mechanical, of emergency release for the towline that does not endanger 
operating personnel;
    (5) The towline is protected from abrasion or chafing by chafing 
gear, lagging, or other means;
    (6) Except on board a vessel towing in ice on Western rivers or one 
using a towline of synthetic or natural fiber, there is fitted a winch 
that evenly spools and tightly winds the towline; and
    (7) If a winch is fitted, there is attached to the main drum a 
brake that has a holding power appropriate for the horsepower or 
bollard pull of the towing vessel and can be operated without power to 
the winch.


Sec. 164.76  Towline and terminal gear for towing alongside and pushing 
ahead.

    The owner, master, or operator of each vessel towing alongside or 
pushing ahead shall ensure that the face wires, spring lines, and push 
gear used are appropriate for the vessel's horsepower, are appropriate 
for the arrangement of the tow, are frequently inspected, and remain 
serviceable.


Sec. 164.78  Navigation underway: towing vessels.

    (a) The owner, master, or operator of each vessel towing shall 
ensure that each person directing and controlling the movement of the 
vessel--
    (1) Understands the arrangement of the tow and the effects of 
maneuvering on the towing vessel and on the vessel, barge, or object 
being towed;
    (2) Can fix the position of the vessel using installed navigational 
equipment, external fixed aids to navigation, geographic reference-
points, and hydrographic contours;
    (3) Does not fix the position of the vessel using buoys alone 
(Buoys are aids to navigation placed in approximate positions either to 
alert mariners to hazards to navigation or to indicate the orientation 
of a channel. They may not maintain exact charted positions, because 
strong or varying currents, heavy seas, ice, and collisions with 
vessels can move or sink them or set them adrift. Although they may 
corroborate a position fixed by other means, they cannot fix a 
position; however, if no other aids are available, buoys alone may 
establish an estimated position.);
    (4) Evaluates the danger of each closing visual or radar contact;
    (5) Knows and applies the variation and deviation where a magnetic 
compass is fitted and where charts or maps have enough detail to enable 
this type of correction;
    (6) Knows the current speed, current direction, set, drift, and 
tidal state for the area to be transited; and
    (7) Proceeds at a speed prudent for the weather, visibility, 
traffic density, tow draft, possibility of wake damage, current speed, 
and local speed-limits.
    (b) The owner, master, or operator of each vessel towing shall 
ensure that the tests and inspections required by Sec. 164.80 are 
conducted and that the results are entered in the log or other record 
carried on board.


Sec. 164.80  Tests and inspections.

    (a) The owner, master, or operator of each towing vessel of less 
than 1600 GT shall ensure that tests and inspections of gear occur 
before departing from port or at least weekly, to include--
    (1) Steering-systems. A test of the steering-gear-control system; a 
test of the main steering gear from the alternative power supply, if 
installed; a verification of the rudder-angle indicator relative to the 
actual position of the rudder; and a visual inspection of the steering 
gear and its linkage;
    (2) Communications. Operation of all internal vessel-control 
communications and vessel-control alarms, if installed;
    (3) Lights. Operation of navigational lights and all searchlights;
    (4) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of 
winch-brake mechanism, if installed; and
    (5) Propulsion systems. Visual inspection of the spaces for main 
propulsion machinery, of machinery, and of devices for monitoring 
machinery.
    (b) The owner, master, or operator of each towing vessel of 1600 GT 
or more shall ensure that tests of equipment occur at the frequency 
required by Sec. 164.25 and that inspections of gear occur before 
departing from port or at least weekly, to include--
    (1) Navigational equipment. Tests of onboard equipment as required 
by Sec. 164.25; and
    (2) Terminal gear. Visual inspection of tackle; of connections of 
bridle and towing pendant, if applicable; of chafing gear; and of the 
winch-brake mechanism, if installed.


Sec. 164.82  Maintenance, failure, and reporting.

    (a) Maintenance. The owner, master, or operator of each towing 
vessel shall 

[[Page 55902]]
maintain operative, the navigational-safety equipment required by 
Sec. 164.72.
    (b) Failure. If any of the navigational-safety equipment required 
by Sec. 164.72 fails during a voyage, the owner, master, or operator of 
the towing vessel shall exercise due diligence to repair it at the 
earliest practicable time. He or she shall enter its failure in the log 
or other record carried on board. The failure of equipment, in itself, 
does not constitute a violation of this rule; nor does it constitute 
unseaworthiness per se; nor does it obligate an owner, master, or 
operator to moor or anchor the vessel. However, the owner, master, or 
operator shall consider the state of the equipment--along with such 
factors as weather, visibility, traffic, and the dictates of good 
seamanship--in deciding whether it is safe for the vessel to proceed.
    (c) Reporting. The owner, master, or operator of each towing vessel 
whose equipment is inoperative or otherwise impaired while the vessel 
is operating within a Vessel Traffic Service Area shall report the fact 
as required by 33 CFR 161.124.
    (d) Deviation. The owner, master, or operator of each towing vessel 
unable to repair within 96 hours an inoperative marine radar required 
by Sec. 164.72(a) shall seek from the Captain of the Port both 
deviation from the requirements of this section and authorization for 
continued operation in the area to be transited. Failure of redundant 
navigational-safety equipment, including but not limited to failure of 
one of two installed radars, where both satisfy Sec. 164.72(a), does 
not necessitate either deviation or authorization.
    (1) The request for deviation must be written, must explain why 
immediate repair is impracticable, and must state when and by whom the 
repairs will be made.
    (2) The Captain of the Port, upon written request, may, in writing, 
authorize a deviation from any of the provisions of Secs. 164.70 
through 164.82 for a specified, limited time if he or she decides that 
the deviation would not impair the safe navigation of the vessel under 
anticipated conditions.

    Dated: September 26, 1995.
J.A. Creech,
Captain, U.S. Coast Guard, Acting Chief, Office of Navigation Safety 
and Waterway Services.
[FR Doc. 95-26900 Filed 11-2-95; 8:45 am]
BILLING CODE 4910-14-P