[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Notices]
[Pages 43804-43807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21735]


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DEPARTMENT OF TRANSPORTATION
[CGD 95-015]


Limited Service Domestic Voyage Load Lines for Certain River 
Barges on Lake Michigan

AGENCY: Coast Guard, DOT.

ACTION: Notice.

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SUMMARY: The Coast Guard is amending its policy regarding the limited 
service domestic voyage load line routes for unmanned, river-service, 
dry-cargo barges operating on Lake Michigan between Chicago (Calumet 
Harbor), Illinois and Milwaukee, Wisconsin, and between Chicago and St. 
Joseph, Michigan. This notice also extends the Chicago/St. Joseph route 
further north to Muskegon, Michigan. Public comments on this action are 
solicited.

DATES: The exemption is effective August 26, 1996. Comments must be 
received on or before November 25, 1996.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 95-015), 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 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this notice 
(CGD 95-015). Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 9:30 a.m. and 2 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Thomas Jordan, Office of Marine Safety and Environmental Protection 
(G-MSE-2), U.S. Coast Guard Headquarters, Room 1308. The telephone 
number is (202) 267-2988.

SUPPLEMENTARY INFORMATION:

Background

    Prior to the establishment of limited service domestic voyage load 
line routes on Lake Michigan, cargoes originating at inland river ports 
and destined for Lake Michigan ports had to be either transported 
overland or, if transported

[[Page 43805]]

by water, had to be transshipped at Chicago (Calumet Harbor) from river 
barges to larger vessels with Great Lakes load lines.
    In January, 1991, the Port of Milwaukee approached the Coast Guard 
to explore the feasibility of establishing a relaxed domestic load line 
that would allow river barges to operate along the western shore of 
Lake Michigan between Chicago and Milwaukee. Later that year, a barge 
company made similar request for an eastern Lake Michigan route between 
Chicago and Muskegon, MI. The motivation for these route requests was 
economic: river barges offer relatively low coasts per ton-mile to move 
cargo. These routes would not only allow cargoes to be delivered to the 
Lake ports less expensively, but could also stimulate more economic 
activity in the port regions.
    However, because river barges are not designed to operate in the 
severe weather conditions experienced on the Great Lakes, it was 
recognized that such barges could only operate on Lake Michigan during 
fair weather periods and only on carefully-selected routes. This 
entailed a study of weather conditions and available ports of refuge 
along the proposed routes. The American Bureau of Shipping (ABS), the 
Coast Guard, and industry worked together on this issue to determine 
the appropriate operational restrictions and other requirements that 
would allow river barges to safely venture onto Lake Michigan.
    On September 21, 1992, the Coast Guard published a notice in the 
Federal Register (57 FR 43479) that established a limited service 
domestic load line route on western Lake Michigan between Chicago, IL 
(Calumet Harbor) and Milwaukee, WI. River barges operating on the route 
must have a limited service domestic voyage load line assignment and 
comply with certain operating restrictions and conditions. Among the 
restrictions are:

--Only dry, non-hazardous cargoes may be carried;
--Minimum barge freeboards are stipulated;
--The tow is limited to no more than three barges;
--The towing vessel must have adequate power for the tow, but not less 
than 1,000 horsepower;
--The tow must be within five miles of shore; and
--The voyage can not be undertaken (or must be broken off) if specified 
weather conditions are exceeded.

    The Coast Guard's safety concerns were satisfied in three ways:
    (1) the barges are required to have a load line assignment, which 
subjects them to periodic surveys by ABS. This ensures that they are 
structurally inspected and maintained in proper condition;
    (2) along the route are several ports of refuge where that tow can 
quickly reach shelter if weather conditions on the Lake should 
deteriorate; and
    (3) the barges can only carry dry, non-hazardous cargoes. This 
substantially reduces the risk of environmental damage in the event a 
barge is lost.
    On March 31, 1995, the Coast Guard published a second related 
notice in the Federal Register (60 FR 16693), announcing establishment 
of another limited service route, this one along the eastern side of 
Lake Michigan between Chicago (Calumet Harbor) and St. Joseph, MI 
(Benton Harbor). Because of the prevailing weather patterns on that 
side of Lake Michigan, the limiting wind conditions for the new eastern 
route are different from the western (Chicago/Milwaukee) route; 
otherwise, the requirements are the same for both routes. In addition 
to establishing the new eastern route, the second notice also imposed a 
new requirement for both routes: that the lead barge in the tow must be 
rake-ended (as opposed to box-ended). The notice also allows the 
initial load line survey of barges less than 10 years old to be 
conducted afloat, and prohibits cargo movements between ports on the 
two different routes without first entering the river system at Calumet 
Harbor.
    On September 28, 1995, the Coast Guard published a third related 
notice in the Federal Register (60 FR 50234) which revoked the rake-
ended barge requirement that had been imposed by the second notice.

Extension of the Chicago/St. Joseph Route to Muskegon, MI

    Extending the route from St. Joseph to Muskegon required some 
special considerations, principally because the ports of refuge are 
further apart. The Coast Guard, ABS and local barge industry 
representatives have satisfactorily worked out some additional 
operational requirements to resolve this problem. These are discussed 
as follows:
    Propulsion power requirements: the towing vessel must have a 
minimum horsepower of 1,500 HP (compared to the 1,000 HP minimum for 
the other routes). This extra horsepower will provide a margin of speed 
and barge-handling capability.
    Equipment requirements: the towing vessel must be equipped with two 
communication systems (such as radio and cellular phone). It also must 
be equipped with emergency towline cutting equipment.
    Operational plan: an operational plan must be carried aboard the 
towing vessel for ready reference by the master. The operational plan 
must include the operational requirements and restrictions of this 
notice, the pre-departure inspection and verification requirements, the 
names and phone numbers of docking/mooring facilities in the ports of 
refuge, and the names and phone numbers of towing companies that can 
render assistance to the tow if needed.

Annual Review

    The Coast Guard's principal concerns when establishing these 
special routes have been for the safety of crew and vessel, and 
protections of the environment. In 3\1/2\ years of operation to date, 
there have been no casualties.
    To ensure a continuing safety record, each year the Coast Guard 
will review the program with the towing industry and ABS to determine 
if any revisions are necessary.
    The Coast Guard may also, at any time, modify, suspend, or even 
terminate the exemption provisions if warranted by unusual or 
unexpected circumstances.

Environmental Protection

    Protection of the Great Lakes environment from the consequences of 
a lost barge or its cargo has been an important consideration of the 
Coast Guard from the beginning of this program. For that reason, 
cargoes on these barges are limited to dry, non-hazardous materials. 
Liquid cargoes, even in drums, are not permitted. Therefore, the risk 
of environmental damage in the event of a lost barge or cargo is 
substantially reduced.

Comments to Previous Notices

    Most comments in response to the previous notices on this action 
were supportive, principally because of its economic benefits. Several 
comments also discussed various safety aspects of river barges 
operating on the Great Lakes (structural adequacy, surveys, effects or 
cargo shifting, weather conditions, operating in ice conditions, make 
up of tow, and ports of refuge) and protection of the environment. 
These comments contributed substantially in shaping the final 
requirements for the limited service routes.

Changes in this Notice From Previous Notices

    In general, this notice incorporates the same requirements 
established by the earlier notices. Previously, however,

[[Page 43806]]

requirements applicable to ABS were mixed in with requirements 
applicable to towing vessel masters. In this notice, the requirements 
have been rearranged into more-appropriate groupings. For example, 
requirements that are specifically applicable to ABS are grouped in 
Section 2, ``Conditions of Assignment,'' and requirements that are 
specifically applicable to towing vessel masters are in Section 3, 
``General Operating Requirements'' and Section 4, ``Additional 
Requirements for Tows Between St. Joseph, MI, and Muskegon, MI.''
    Also, in some instances language has been added to make certain 
requirements explicitly clear. For example, the previous notices did 
not specifically state that the towing vessel master was responsible 
for compliance with the operational restrictions and requirements. 
Similarly, the previous notices did not state that the term of the load 
line certificate is five years, even though this has been the practice 
all along.
    Section 4 presents the new requirements associated with the 
extended route to Muskegon. These requirements were developed jointly 
by the Coast Guard, ABS, and towing industry.

Comment Period

    The Coast Guard is allowing 90 days for public comment on this 
present notice, and may amend this exemption based on comments 
received.
    The Coast Guard ultimately plans for these limited service domestic 
voyage load line routes to be incorporated in 46 CFR part 45, subpart E 
(after existing Sec. 45.177) once sufficient experience has been 
gained. To support this future rulemaking action, specific comments are 
solicited concerning the environmental and economic aspects of these 
limited service routes.
    For the reasons set out above the Coast Guard, under 46 U.S.C. 
chapter 51 and 46 CFR part 45, amends the exemption announced in the 
Federal Register notice of March 31, 1995 (60 FR 16693), as amended by 
the notice of September 28, 1995 (60 FR 50234) as follows:

Notice of Exemption: Limited Service Domestic Voyage Load Line Routes 
on Lake Michigan; Chicago, IL, to Milwaukee, WI, and Chicago, IL, to 
Muskegon, MI

Section 1. General

    (a) An unmanned river service dry cargo barge operating on certain 
Lake Michigan routes may be exempted from the Great Lakes load line 
requirements of 46 CFR part 45 provided instead that it is issued a 
limited service domestic voyage load line certificate in accordance 
with the requirements of this notice of exemption.
    (b) This notice of exemption supersedes the notice published in the 
Federal Register on March 31, 1995 (60 FR 16693), as amended by the 
notice of September 28, 1995 (60 FR 50234).
    (c) The American Bureau of Shipping (ABS Americas) is hereby 
authorized to issue limited service domestic load line certificates to 
barges meeting the requirements of this notice.
    (d) Towing vessel masters are responsible for complying with the 
operational restrictions and requirements of this notice.
    (e) Load line certificates issued under this notice are valid for 
both the Chicago/Milwaukee and the Chicago/Muskegon routes described 
herein. Certificates issued under previous notices which only list the 
Milwaukee and/or St. Joseph route(s) may be amended upon written 
request to ABS Americas.

Section 2. Conditions of Assignment

    A barge that meets the following requirements may be issued a 
Limited Service Domestic Voyage Load Line Certificate by the American 
Bureau of Shipping (ABS):
    (a) Only unmanned, river service, dry cargo barges may be issued 
this certificate.
    (b) The barge must be built and maintained to the minimum 
scantlings of the ABS River Rules in effect at the time of 
construction. ABS must be provided with evidence of compliance with the 
River Rules.
    (c) The certificate must limit barge operations to two routes on 
Lake Michigan: between Calumet Harbor (Chicago), Illinois and 
Milwaukee, Wisconsin; and between Calumet Harbor and Muskegon, 
Michigan.
    (d) Except in accordance with paragraph (i)(6) below, the term of 
the certificate is five years.
    (e) The operational restrictions and requirements per Sections 2 
and 3 of this notice must appear on the certificate.
    (f) The barge length-to-depth ratio cannot exceed 22.
    (g) The freeboard assigned to the barge must be at least 24 inches 
(610 millimeters). For an open hopper barge, the freeboard combined 
with the height of the cargo box coamings must be at least 54 inches 
(1,372 millimeters).
    (h) An initial load line survey under 46 CFR 42.09-25, and 
subsequent annual surveys under 46 CFR 42.09-40, are required.
    (i) At the request of the barge owner, the initial load line survey 
may be conducted with the barge afloat if the following conditions are 
met:
    (1) The barge is less than 10 years old.
    (2) The draft during the survey does not exceed 15 inches (380 
millimeters).
    (3) The barge is empty and thoroughly cleaned of all debris, 
excessive rust, scale, mud, and liquids.
    (4) Gaugings are taken to the extent necessary to verify that the 
scantlings are in accordance with approved drawings.
    (5) The bottom and side shell plating below the light waterline are 
closely examined internally. If the surveyor determines that sufficient 
cause exists, the surveyor may require that the barge be drydocked or 
hauled out and further external examination conducted.
    (6) When the barge reaches 10 years of age or upon the expiration 
of its initial load line certificate, whichever occurs first, the barge 
must be drydocked or hauled out and examined externally.

Section 3. General Operating Requirements

    The following operational restrictions and requirements apply to 
all river barge tows on limited domestic service load line routes on 
Lake Michigan:
    (a) The barges can only be operated on the routes specified on 
their load line certificates.
    (b) Barges may make cargo stops at intermediate ports along a 
route; however, they may not carry cargo directly from a Lake Michigan 
port on one route to a Lake Michigan port on the other route without 
first entering the river system at Calumet Harbor.
    (c) Barges cannot be manned.
    (d) Only dry cargoes may be carried (no liquid cargoes, not even in 
drums).
    (e) Hazardous materials, as defined in 46 CFR part 148 and 49 CFR 
chapter 1, subchapter C, may not be carried as cargo.
    (f) The maximum number of barges in a tow is three.
    (g) The towing vessel must have adequate horsepower to handle the 
size of the tow, with a minimum of 1,000 HP for tows to Milwaukee and 
St. Joseph (Benton Harbor), and a minimum of 1,500 HP for tows between 
St. Joseph and Muskegon.
    (h) Pre-Departure Inspection: Before beginning each voyage, the 
towing vessel master shall ensure that each barge of the tow meets the 
following requirements:
    (1) A valid load line certificate is on board.
    (2) The barge is not loaded deeper than its load line marks.

[[Page 43807]]

    (3) The deck and side shell plating are free of visible holes, 
fractures, or serious indentations, as well as damage that would be 
considered in excess of normal wear.
    (4) The cargo box side and end coamings are watertight.
    (5) All manholes are covered and secured watertight.
    (6) Precautions have been taken to prevent shifting of cargo.
    (i) Weather limitations
    (1) Prior to departure, the towing vessel master shall determine 
the weather forecast along the planned route (the Marine Weather 
Forecast (MAFORS), Lake Weather Broadcasts (LAWEB), or NOAA Weather 
Radio), and continue to monitor the forecast during the voyage.
    (2) If the wind speed and wave heights are expected to exceed the 
limits below at any time during the planned voyage, then the tow may 
not leave harbor.
    (3) When operating between Chicago and Milwaukee, the limiting 
conditions are as follows:

------------------------------------------------------------------------
                                    Continuous                          
        Wind  direction              velocity           Wave height     
------------------------------------------------------------------------
NE, E, SE.....................  15 knots.........  4 feet (1.2 m).      
N, NW, W, SW, S...............  20 knots.........  4 feet (1.2 m).      
------------------------------------------------------------------------

    (4) When operating between Chicago and Muskegon, the limiting 
conditions are as follows:

------------------------------------------------------------------------
                                    Continuous                          
        Wind  direction              velocity           Wave height     
------------------------------------------------------------------------
N, NW, W, SW..................  15 knots.........  4 feet (1.2 m).      
NE, E, SE, S..................  20 knots.........  4 feet (1.2 m).      
------------------------------------------------------------------------

    (5) While underway, if the wind speed and wave height exceed the 
limits above, then the tow must proceed immediately to the nearest 
harbor of safe refuge.
    (j) The distance from shore during the course of a voyage may not 
exceed 5 nautical miles.
    (k) Towing is permitted only if ice conditions are such that 
operation of the vessel is not imperiled.
    (l) The operational requirements in this section are in addition to 
other applicable requirements for operation on the Great Lakes.

Section 4. Additional Requirements for Tows Between St. Joseph, MI, and 
Muskegon, MI

    This section presents additional operational restrictions and 
requirements that apply to towing vessels moving limited service load 
line barges on eastern Lake Michigan between St. Joseph and Muskegon.
    (a) Operational Plan: Aboard the towing vessel must be an 
operational plan that is available for ready reference by the master. 
The plan must include the following:
    (1) The operational restrictions and requirements per sections 3 
and 4 of this notice.
    (2) A list of mooring/docking facilities (with phone numbers) in 
St. Joseph, Holland, Grand Haven, and Muskegon that can accommodate the 
tow.
    (3) A list of towing firms (with phone numbers) that have the 
capability to render assistance with the tow, if required.
    (b) Towing Vessel Requirements: The towing vessel must have power 
and equipment as follows:
    (1) Sufficient power to handle the tow, but not less than 1,500 HP.
    (2) Two independent voice communication systems in operable 
condition, such as VHF radio, radiotelephone, cellular phone, etc. At 
least two persons aboard the vessel must be capable of using the 
communication systems.
    (3) Cutting gear that can quickly cut the towline at the towing 
vessel, should it became necessary to do so. The cutting gear must be 
in operable condition, and appropriate for the type of towline being 
used (wire, poly, nylon, etc.). At least two persons aboard the vessel 
must be capable of using the cutting gear.
    (c) Pre-Departure Verifications
    (1) Prior to departing port at Chicago on northbound voyages 
destined for ports beyond St. Joseph, the towing vessel master must 
contact a mooring/docking facility in St. Joseph, Holland, Grand Rapid, 
and Muskegon to verify that sufficient space is available to 
accommodate the tow. Similar confirmation must be made for southbound 
voyages. The tow cannot venture onto Lake Michigan without confirmed 
space available.
    (2) The towing vessel master must also contact the dock operator at 
the destination port to get an update on local weather conditions.
    (d) Log Entries: Prior to getting underway, the towing vessel 
master must note in the log book the pre-departure barge inspections, 
verification of mooring/docking space availability, and weather 
forecast checks were performed.
    (e) Training and Planning: This plan should form the basis for 
special training for towing vessel masters and crew, particularly barge 
handling under adverse weather conditions, use of the towline cutting 
gear and communications system, and other emergency precedures.

    Dated: August 16, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental 
Protection.
[FR Doc. 96-21735 Filed 8-23-96; 8:45 am]
BILLING CODE 4910-14-M