Federal Register, Volume 60 Issue 213 (Friday, November 3, 1995)

[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]

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Part II

Department of Transportation

_______________________________________________________________________

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

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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

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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