[Federal Register Volume 63, Number 128 (Monday, July 6, 1998)]
[Proposed Rules]
[Pages 36384-36387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17814]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

[USCG-1998-3798]
RIN 2115-AF13


Numbering of Undocumented Barges

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard seeks public comments on establishing a 
statutorily required numbering system for operating undocumented barges 
more than 100 gross tons. The numbering of these barges would increase 
owner accountability and deter their abandonment, making fewer barges 
available for disposal of oil and hazardous substances.

DATES: Comments must reach the Coast Guard on or before November 3, 
1998.

ADDRESSES: You may mail comments to the Docket Management Facility 
[USCG-1998-3798], U.S. Department of Transportation, room PL-401, 400 
Seventh Street SW., Washington DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza level of the Nassif Building at the same 
address, between 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room PL-401, located on the 
Plaza level of the Nassif Building at the same address, between 10 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. You may 
also access this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
document, call Mr. Thomas Willis, Director, National Vessel 
Documentation Center, U.S. Coast Guard, telephone 304-271-2506. For 
questions on viewing, or submitting material to, the docket, call 
Dorothy Walker, Chief, Documents, Department of Transportation, 
telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in the early stages 
of this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this document [USCG-1998-3798], the specific section or 
question in this document to which your comments apply, and give the 
reason for each comment. Please submit all comments and attachments in 
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you want acknowledgment of receipt of 
your comments, you should enclose a stamped, self-addressed postcard or 
envelope.
    The Coast Guard will consider all comments received during the 
comment period.
    The Coast Guard plans no public meeting. You may request a public 
meeting by submitting a comment requesting one to the address under 
ADDRESSES. The request should include the reasons why a meeting would 
be beneficial. If the Coast Guard determines that a meeting should be 
held, we will announce the time and place in a later notice in the 
Federal Register.

Background and Purpose

    The Abandoned Barge Act of 1992, sections 5301 to 5305 of Pub. L. 
102-587 (the Act), enacted on November 4, 1992, added a new chapter 47 
to Title 46 of the United States Code (46 U.S.C. 4701-4705) and amended 
46 U.S.C. 12301 to require the numbering of undocumented barges 
measuring more than 100 gross tons operating on the navigable waters of 
the U.S. In enacting this legislation, Congress noted that an abandoned 
barge could become the site for the disposal of hazardous cargoes, 
wastes, and petroleum products, which can lead to water pollution 
incidents. Numbering these undocumented barges will increase owner 
accountability, reducing the likelihood barges will be abandoned and 
used for disposal of oil and hazardous substances.

Regulatory History

    On October 18, 1994, the Coast Guard published a notice in the 
Federal Register [59 FR 52646] requesting comments on issues related to 
a numbering system for undocumented barges measuring more than 100 
gross tons. The primary issues addressed in the notice concerned who 
should administer a barge numbering system, what type of number should 
be required, and how much the numbering would cost. The Coast Guard 
received twenty-two comments in response to the notice.

Summary of Comments

    The following is a summary of the comments received in response to 
the questions and issues addressed in the 1994 Notice of Request for 
Comments. Comments can be viewed on the Internet at http://dms.dot.gov.

Administering Agency

    All comments recommended the Coast Guard, not the States, 
administer a numbering system for undocumented barges. The comments 
noted several difficulties the States would encounter administering 
barge numbering programs, including coordination with other States, 
resource burdens, and enacting State legislation.
    The comments discussed several advantages of having the Coast Guard 
administer a barge numbering system, such as its experience with the 
vessel documentation system, the Marine Safety Information System 
(MSIS), and providing a single source for barge registration.

Undocumented Barge Number

    Several comments suggested the Coast Guard should use a numbering 
code similar to the code used for documented vessels, as long as codes 
differentiate between documented and undocumented barges. Some comments 
suggested assigning undocumented barges Hull Identification Numbers 
(HINs), while others suggested painting the company name and homeport 
on barges instead of numbers.
    A few comments discussed a perceived difference between inspected 
undocumented barges and uninspected undocumented barges, and suggested 
addressing only uninspected undocumented barges.

Attaching Numbers to Barges

    Some comments suggested that the barge numbers be permanently 
welded

[[Page 36385]]

on a structural component of a barge and clearly visible. Other 
comments stated that welding a number on the interior of a barge could 
make the number difficult to locate.
    Some comments recommended numbering undocumented barges in a manner 
similar to recreational vessels, and others pointed out that these 
numbers are not permanently affixed, and could be easily removed.

Application Information

    Several comments suggested that a barge numbering application 
should require information similar to that required to document a 
barge.
    Other comments stated that barge owners should only provide proof 
of vessel ownership or a signed affidavit of ownership because it may 
be difficult to provide information proving ownership for an 
undocumented barge.
    Some comments stated that a number should not change when barge 
ownership changes, and additional registration or renewal should be 
required only if ownership changes.

Economic Impacts

    A few comments indicated that it would take a survey of the barge 
industry to determine the total undocumented barge population and the 
potential economic impact of any regulations. Several comments 
mentioned that it is difficult to identify how many undocumented barges 
are in operation because many barges are not tracked by government 
agencies or other organizations. One comment estimated that there are 
approximately 13,000 to 14,000 undocumented barges measuring more than 
100 gross tons in operation.
    Several comments supported an estimated cost for attaching barge 
numbers of $500-$1,500 per barge. Another comment stated that related 
costs to be considered include barge out-of-service time, fleeting 
expenses, shifting expenses, tug service, and gas free certificates. 
Attaching numbers during regularly scheduled maintenance or inspections 
could minimize such overhead costs. The comments recommended a two-year 
phase-in period for any regulations.
    Some comments stated that barge owners should not be charged a fee 
for initial registration, and that any charges for subsequent 
registration (change of ownership, for example) should be scaled to 
vessel documentation service fees. Other comments stated that the Coast 
Guard should charge fees to recover its costs for setting up and 
administering a numbering program.

Other Issues

    One comment suggested that barge owners should be allowed to 
voluntarily number undocumented barges measuring 100 gross tons or 
less.
    Another comment opposed a costly numbering system that would not 
solve the abandoned barge problem, and suggested the repeal of the 
Abandoned Barge Act of 1992. One comment pointed out that even 
identifying a few barge owners through barge numbers would probably not 
lead to an owner with sufficient assets to remove the barge, and the 
taxpayers would continue to pay for removal of barges.

General Proposals and Related Questions

    Based on the comments received, the Coast Guard is considering 
options for establishing a Coast Guard numbering system administered by 
the National Vessel Documentation Center (NVDC). Unlike vessel 
documentation, which serves multiple purposes such as establishing 
vessel nationality, admitting vessels to restricted trades, and 
permitting vessels to be the subject of preferred mortgages, the 
numbering of operating undocumented barges more than 100 gross tons 
would be used to simply identify their owners.
    The Coast Guard requests comments on the following questions, 
although comments on other issues addressed in this advance notice are 
also welcome. In responding to a question, please explain your reasons 
for each answer, and follow the instructions under Request for Comments 
above.

Inspected Undocumented Barges

    Only documented vessels are required to obtain and mark Official 
Numbers per 46 CFR part 67, subparts H and I. The Coast Guard 
acknowledges that some inspected undocumented barges may have Official 
Numbers and these numbers may still be marked on the vessels. However, 
Official Numbers on existing undocumented barges may not provide 
accurate owner information.
     How should the Coast Guard address undocumented inspected 
barges with Official Numbers? Should the barge owner be required to 
obtain a number under this proposed system?

What Number Should the Coast Guard Use for Undocumented Barges?

    The Coast Guard believes assigned barge numbers should be similar 
to the numbers used for documented vessels. We do not plan on including 
undocumented barges in the Hull Identification Number (HIN) system 
since most existing undocumented barges do not have HINs.
     Are there other options the Coast Guard should consider 
for undocumented barge numbers?

How Should Owners Attach Numbers to Barges?

    At this point, the Coast Guard believes numbers should be 
permanently welded externally to discourage removal and be clearly 
visible from a distance to help identify barge owners. The Coast Guard 
does not believe numbers should be marked on the interior as this makes 
identification difficult.
     Should barge numbers be attached to the exterior of a 
vessel's hull? How large should the numbers be? Where exactly should 
the numbers be attached? Would numbers possibly interfere with other 
barge markings?
     Should barge numbers be bead welded to the hull? Are there 
other attachment methods that the Coast Guard could consider?

What Information Should Barge Owners Provide on Barge Numbering 
Applications?

    The Coast Guard recognizes that in many cases, it may be impossible 
for owners of undocumented barges to prove vessel ownership. The 
purpose of the proposed barge numbering system is to identify the 
owners of barges. The Coast Guard does not expect owners of 
undocumented barges to provide the same information that is required to 
document a vessel. The Coast Guard plans to propose accepting any 
available information indicating ownership (such as a bill of sale), or 
a signed affidavit of ownership.
    Under this approach, barge owners may be required to submit an 
application with the following identifying information: owner name, 
address, e-mail, and phone number; company name; proof or affidavit of 
ownership; general barge description; and barge operating area. We do 
not anticipate requiring application renewal, except when ownership 
changes. Barge owners would also be responsible for updating 
application information as appropriate (change of address, new phone 
numbers, etc.).
     Is the proposed application information discussed above 
adequate to identify barge owners? Should the application request barge 
operator information? Is the proposed information readily available?
     How long after the effective date of any future 
regulations should owners submit their numbering applications to the 
Coast Guard?
     Who should initiate numbering application renewal upon 
change of

[[Page 36386]]

ownership, the seller or the new owner? How long after a change of 
ownership should this paperwork be submitted to the Coast Guard?
     If you had the option of submitting a numbering 
application or application update electronically via the Internet, 
would you take advantage of the service?

How Many Operating Undocumented Barges Measuring More Than 100 Gross 
Tons are There?

    Based on available information, we estimate that there are 
approximately 10,000 to 14,000 undocumented barges measuring more than 
100 gross tons and operating on the navigable waters of the United 
States. The Coast Guard's Marine Safety Information System (MSIS) 
contains records on just under 10,000 undocumented barges measuring 
more than 100 gross tons.
    However, since most undocumented and uninspected barges are listed 
in the database only when Coast Guard personnel enter information as a 
result of marine safety-related activity (casualty, boarding, etc.), 
many barges may not even be listed in the database. It is also possible 
that many undocumented barges listed in the database are no longer 
operating. The Coast Guard is in the process of commencing a study of 
the barge industry to determine the number of undocumented barges.
     Is the population range of 10,000 to 14,000 undocumented 
barges measuring more than 100 gross tons accurate?
     How can the Coast Guard obtain a more accurate population 
estimate? What is the best way to contact owners and operators of 
undocumented barges measuring more than 100 gross tons?

What are the Potential Economic Impacts of the Proposed Numbering 
System?

    The Preliminary Regulatory Assessment section of this document 
discusses the potential economic impacts of this rulemaking. Please 
refer to that section when reviewing the following questions. This 
rulemaking will affect owners of undocumented barges measuring more 
than 100 gross tons. Barge owners would bear the cost of providing 
needed owner and barge information and costs associated with attaching 
numbers to the barges. Submitting this information to the Coast Guard 
should impose only a minimum cost burden. Costs associated with 
attaching barge numbers depend on the form, size, and attachment 
method(s) established.
    The Coast Guard may charge a fee for initial and subsequent barge 
numbering to offset agency costs, and is interested in comments 
regarding the appropriateness of such fees.
     Is the cost estimate of $500 to $1,500 for attaching 
permanent numbers to barges accurate? Does it include all costs 
associated with barge numbering (barge out-of-service costs, shifting 
expenses, etc.)? Will most barge owners attach numbers in-house or have 
a shipyard do the work? How would costs differ according to types of 
barges (tank barge versus construction barge, for example)?
     What are the common uses (services) for undocumented and 
uninspected barges measuring more than 100 gross tons? Where do most 
barges operate?
     What are the average maintenance intervals for 
undocumented barges measuring more than 100 gross tons?
     What is the average barge service life for undocumented 
barges measuring more than 100 gross tons?
     What is the average annual construction rate for new 
undocumented barges measuring more than 100 gross tons?
     How often, on average, do barges measuring more than 100 
gross tons change owners?

How Will any Future Regulations Affect Small Entities?

    The Small Entities section of this advance notice discusses 
potential impacts on small entities and available assistance for small 
entities. Please refer to that section when reviewing the following 
question. We believe many undocumented barge owners are small entities, 
and are interested in feedback from potentially affected small 
businesses, agencies, and organizations.
     If your small business, organization, or agency may be 
affected by any future barge numbering system, please tell how, and 
what flexibility or compliance alternatives we should consider to 
minimize the regulatory burden on you while promoting the intent of the 
Abandoned Barge Act.

Preliminary Regulatory Assessment

    The cost for mandatory numbering of undocumented barges more than 
100 gross tons is not expected to exceed $100 million. As discussed, 
preliminary population estimates for the number of undocumented barges 
measuring more than 100 gross tons ranges from just under 10,000 to 
14,000 barges.
    An industry-provided cost estimate for attaching barge numbers 
ranges from $500 to $1,500 per barge, depending on the method used and 
whether the work is done in-house or at a shipyard. Assuming a per 
barge cost of $500 to $1,500 for as many as 14,000 barges, the 
preliminary cost estimate ranges from $7.0 to $21.0 million. Other 
associated costs to consider include shipyard tug services, barge out-
of-service costs, numbering fees, fleeting expense, and shifting 
expense. Avoiding future environmental damage and potentially reducing 
clean-up costs are the primary benefits associated with this 
rulemaking. From January 1988 to September 1991, the Coast Guard spent 
an estimated $4.4 million to clean up pollutants from abandoned 
vessels.
Approximately 15% of these pollution incidents were attributable to 
abandoned barges. According to 1997 figures, there are just over 1,000 
abandoned barges in our nation's waterways; approximately 25 barges 
pose hazards to navigation, and 15 pose a potential pollution threat.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
Coast Guard must consider whether any potential rulemaking would have 
significant economic impacts on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Many owners of undocumented barges subject to future barge-
numbering regulations may be small entities. Because we have not yet 
proposed specific requirements and because the number of affected small 
entities has not been identified, we cannot accurately estimate the 
potential impact on small entities at this time. The Coast Guard would 
like comments discussing the potential impacts of any future regulatory 
changes on small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 [Pub. L. 104-21], the Coast Guard wants to assist 
small entities to understand this document so they can better evaluate 
the potential effects of this rulemaking on them and participate in the 
rulemaking process. If you believe that your small business, 
organization, or agency may be affected by this rulemaking, please 
explain how you could be affected, and tell us what flexibility or 
compliance alternatives the Coast Guard should consider to minimize the 
burden on you.
    If you have questions concerning this document, you may call the 
Coast Guard point of contact designated in FOR FURTHER INFORMATION 
CONTACT. We also

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maintain a small business regulatory assistance Web Page at http://
www.uscg.mil/hq/g-m/regs/reghome.htm which has current information on 
small entity issues and proposed Coast Guard regulations. To help small 
entities become more involved in this rulemaking, the Coast Guard will 
mail copies of this advance notice to Small Business Development Center 
(SBDC) State Directors nationwide for distribution to local SBDC 
offices and interested small businesses.

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, record-keeping, notification, and other similar actions. 
This proposal would include new collection-of-information requirements. 
Barge owners would have to provide readily available information 
identifying undocumented barges and barge owners to the Coast Guard. 
This information should be readily available, so the burden should be 
minimal. We cannot estimate the exact paperwork burden associated with 
this rulemaking because specific requirements have not been proposed. 
We expect that comments received in response to this advance notice 
will assist us in estimating the potential paperwork burden, as 
required under the Paperwork Reduction Act. Once a specific proposal is 
developed, the Coast Guard will prepare a request for OMB approval of 
any collection-of-information requirements.

Environment

    The Coast Guard will consider preparing an Environmental Assessment 
before publication of a notice of proposed rulemaking. The Coast Guard 
expects that an environmental impact statement would not be required. 
By increasing owner accountability, this rulemaking may prevent future 
marine pollution incidents from abandoned barges and providing a 
beneficial impact on the environment. The Coast 1 Guard invites 
comments addressing possible effects that this rulemaking may have on 
the environment or addressing possible inconsistencies with any 
Federal, State, or local law or administrative determinations relating 
to the environment.

    Dated: June 29, 1998.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 98-17814 Filed 7-2-98; 8:45 am]
BILLING CODE 4910-15-P