[Federal Register Volume 64, Number 201 (Tuesday, October 19, 1999)]
[Rules and Regulations]
[Pages 56257-56269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26848]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 27

[USCG-1998-4445]
RIN 2115-AF66


Fire Protection Measures for Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule implements measures for the early detection 
and control of fires on towing vessels. These measures increase the 
chances of fighting a fire with early warnings and better 
communications, and controlling the fire with shut-off valves and 
training and drills. The rule should decrease the number and severity 
of injuries to vessels' crews, prevent damage to vessels, structures 
and other property, and reduce the likelihood of a tank barge's 
drifting, grounding, and ultimately spilling its cargo.

DATES: Effective Date: This interim rule is effective January 19, 2000.
    Comment Date: Comments must reach the Docket Management Facility on 
or before December 20, 1999.
    The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register on January 
19, 2000.

ADDRESSES: You may submit your comments and material by mail, hand 
delivery, fax, or electronic means to the Docket Management Facility at 
the address under ADDRESSES; but please submit your comments and 
material by only one of the following methods:
    1. By mail to the Docket Management Facility (USCG-1998-4445), U.S. 
Department of Transportation , room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    2. By hand delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

[[Page 56258]]

The telephone number is 202-366-9329.
    3. By fax to Docket Management Facility at 202-493-2251.
    4. Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments, and documents as indicated in this preamble other 
than material proposed for incorporation by reference, will become part 
of this docket and will be available for inspection or copying at room 
PL-401 on the Plaza level of the Nassif Building at the same address 
between 9 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.
    The material incorporated by reference is available for inspection 
at room 1308, U.S. Coast Guard Headquarters, 2100 Second Street SW., 
Washington, DC 20593-0001 between 9:30 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays. The telephone number is 202-267-1444.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact 
Randall Eberly, P. E., Office of Design and Engineering Standards (G-
MSE), Coast Guard, telephone 202-267-1861, electronic mail 
R[email protected]. For questions on viewing or submitting material 
to the docket, contact Dorothy Walker, Chief, Dockets, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
(USCG-1998-4445), indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. If 
you submit comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit them by mail and would like to know 
they reached the Facility, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this interim rule in 
view of the comments.

Public Meeting

    We do not now plan to hold a public meeting. But you may request 
one by submitting a request to the Docket Management Facility at the 
address under ADDRESSES explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    On January 19, 1996, the tugboat SCANDIA, with the tank barge NORTH 
CAPE in tow, caught fire five miles off the coast of Rhode Island. 
Crewmembers could not control the fire and, without power, they were 
unable to prevent the barge carrying 4 million gallons of oil from 
grounding and spilling about a quarter of its contents into the coastal 
waters. The NORTH CAPE spill led Congress to add, by Sec. 902 of the 
1996 Coast Guard Authorization Act (Pub. L. 104-324) (the Authorization 
Act), a new subsection, (f), to 46 U.S.C. 4102, to permit the Secretary 
of Transportation--``in consultation with the Towing Safety Advisory 
Committee'' (TSAC)--to require fire-suppression measures on all towing 
vessels. We published a notice of proposed rulemaking (NPRM) on safety 
of towing vessels and tank barges [CGD 97-064] [RIN 2115-AF-53] on 
October 6, 1997 (62 FR 52057).

Statutory Mandate

    Section 902 of the Authorization Act gave the Coast Guard the 
authority to require ``the installation, maintenance, and use of a fire 
suppression system or other measures * * * on board towing vessels.'' 
However, for vessels that tow non-self-propelled tank vessels, the 
Authorization Act did not just give the Coast Guard the authority; it 
mandated that the Coast Guard develop these requirements. The 
requirements that the Coast Guard is establishing in this rule are 
based, in part, on recommendations from the TSAC.

Regulatory Approach

New Fire Protection Rules Apply to Most Towing Vessels

    This interim rule prescribes that most towing vessels must be 
fitted with--
     General alarms,
     Engine-room fire detection systems,
     Internal communication systems, and,
     Remote fuel-shutoff valves.

Furthermore, fire-fighting drills must be conducted and training 
requirements need to be established for crews on towing vessels.
    Towing vessels that engage only in assistance towing, pollution 
response, or fleeting duties are exempted from the measures included in 
this IR. This rule applies to all other towing vessels, not just those 
over a certain length or those that tow non-self-propelled tank 
vessels. Owners of existing towing vessels have until January 19, 2000, 
to install the required equipment. There were 155 reported fires on 
towing vessels from 1992-1996, and many of them occurred in the engine 
room. Each of these fires was a potential danger to the crew or 
obstruction to maritime commerce, and each resulted in property damage. 
Many of these fires resulted in a total constructive loss of the 
vessel, and several required the use of outside resources to bring 
under control. Also, the TSAC recommended that we apply this rule to 
towing vessels regardless of service so operators could maintain 
flexibility over the cargoes that they may tow.
    The TSAC recommended that we apply this rule only to vessels at 
least 12 meters in length. Limiting application of this rule to those 
vessels, however, would not meet the intent of the mandate in the 
Authorization Act, which did not distinguish among vessels by length. 
The Act mandated the installation of fire-suppression measures on 
vessels that tow non-self-propelled tank vessels (barges); vessels that 
are less than 12 meters in length could be and often are engaged in 
towing such barges. Also, the Coast Guard is concerned that a fire that 
results in loss of propulsion and navigation capability could occur on 
any towing vessel, regardless of length.

Requirement for a Fire-Suppression System

    This interim rule does not implement any requirements for fixed 
fire-suppression systems on towing vessels. In the NPRM, we expressed 
our position that gaseous suppression systems may not be effective on 
certain existing vessels. Those systems need relatively airtight 
enclosures to maintain extinguishing concentrations. Many existing 
towing vessels are constructed with engine rooms that would not be 
sufficiently airtight. Because of this possible constraint on the 
application of total-flooding systems to existing vessels, we proposed 
a combination of early-warning fire-detection systems, semi-portable 
fire extinguishers, fixed or portable fire pumps, and crew training as 
alternative means of fire protection. During the comment period for the 
NPRM, we received numerous comments critical of these alternative 
measures. Many of the comments felt that the measures did not meet the 
intent of the Authorization Act, because they would not require total-
flooding fire-extinguishing systems. Further, the

[[Page 56259]]

comments felt that the measures did not consider vessels' 
characteristics, methods of operation, and nature of service, nor did 
they differentiate between ocean-going tugboats and inland towboats. We 
have carefully considered these comments and have decided to implement 
the lower cost, non-controversial measures in this interim rule, while 
we continue our review of the other measures. The rule reflects a 
number of limited changes based on public comments and are discussed 
below. It drops the sections of the proposed rule that concerned manual 
fire-fighting and fixed fire-extinguishing systems, to allow additional 
consideration and comment under a separate Supplemental Notice of 
Proposed Rulemaking (SNPRM) on fire-suppression systems and other 
measures for towing vessels [CGD 97-064] [RIN 2115-AF-53].

Discussion of Comments and Changes

    The Coast Guard received a total of 54 documents containing 208 
comments to the public docket of the NPRM on Towing Vessel Safety. 
Comments consisted of letters to the docket and remarks at the public 
meetings in St. Louis, MO and Newport, RI. The 67 comments relating to 
systems for anchoring and barge retrieval were addressed in a separate 
rulemaking [63 FR 71754; Dec. 30, 1998] on emergency control measures 
for tank barges (USCG 1998-4443). The remaining 141 comments were 
concerned with suppressing and fighting fires. All comments concerning 
fixed fire-suppression systems, fire pumps, fire hoses and hydrants, or 
semi-portable fire extinguishers will be addressed in the SNPRM on fire 
suppression. Comments on other issues of fire protection raised in the 
NPRM are addressed in this interim rule. The following paragraphs 
summarize the comments and explain any changes made to the proposed 
rules for fire protection.

1. General

    Eleven comments stated that the proposed rule would not meet the 
intent of the Authorization Act, because it would not require total-
flooding fire-extinguishing systems for all towing vessels, or at least 
not for all towing vessels used to transport oil and other hazardous 
substances. Additionally, the proposed rule does not consider vessel 
characteristics, methods of operation, or nature of service, nor does 
it differentiate between ocean-going tugboats and inland towboats.
    Our proposed rule would have established minimum criteria for 
manual fire-fighting equipment and for the training of crews on all 
towing vessels. Many of the public comments were critical of this 
approach. Their primary concern was for the safety of the crewmembers 
expected to fight the fires. Other comments noted that the greatest 
fire hazard on towing vessels is an engine-room fire caused by a fuel 
leak. Unless fire-fighting equipment used to fight an engine-room fire 
is installed in a protected location away from the engine room, it 
could be damaged by a fire. Fire pumps and generators used to power the 
fire pumps are generally located in the engine room. Aboard many towing 
vessels, there is no other space where they could be installed. The 
same concern was expressed about the location of the semi-portable fire 
extinguisher that we proposed. Many of the commenters felt that manual 
fire-fighting equipment would meet with limited success on an engine-
room fire, unless self-contained breathing apparatus and personal 
protective gear (which the NPRM did not propose) were provided to the 
crew. Even then, the effectiveness of manual fire-fighting equipment 
would be limited in contrast to that of fixed fire-suppression systems. 
We are reconsidering the application of fixed fire-suppression systems 
and semi-portable fire extinguishers to all vessels. We will revisit 
these in the SNPRM.
    One comment requested that we amend the proposed rule to require 
that all towing vessels transporting oil or other hazardous cargoes 
comply with the same standards for construction and safety applied to 
self-propelled tank vessels (46 CFR Subchapter D). It urged that 
criteria for construction, manning, and inspection are essential to 
ensure the safe transport of hazardous cargoes. The proposed rule would 
not go far enough, it held, in applying rules on fire and safety to 
towing vessels. Such a change is outside the scope of this rulemaking, 
and we did not incorporate it.
    One comment indicated that many operating vessels already have 
systems for fire detection, fire extinguishing, general alarm, and 
internal communication that are functional but that would not meet the 
approval criteria in the proposed rule. The comment argued that such 
existing equipment should be accepted, as is. We note the concerns of 
this comment and have partially incorporated them in this interim rule. 
Existing fire-detection systems that use Underwriters Laboratory (UL), 
Inc.-listed components, and are installed according to specific 
criteria (listed in Secs. 27.210 and 27.310), will now be accepted. We 
will require that vessel owners have documentation from a Registered 
Professional Engineer or a recognized classification society (under 46 
CFR part 8) certifying that existing fire-detection systems satisfy our 
criteria. Existing systems for general alarm and internal communication 
need not meet any approval criteria. They need only be capable of 
functioning as stated in this rule. Existing fire-extinguishing systems 
will be the subjects of the SNPRM.
    One comment felt that the proposed requirements for towing vessels 
are overly restrictive when compared to the requirements for other 
types of vessels. The comment recommended that we change the proposed 
rule to mandate a fire prevention program in conjunction with standards 
for housekeeping and preventive maintenance as a substitute for the 
proposed systems for detecting and extinguishing fires. We do not agree 
with this comment. The administrative controls that the comment 
recommends are one element of successful fire protection. The proposed 
controls alone do not provide an adequate level of fire protection. The 
incidence and consequences of potential fires cannot be realistically 
predicted. Our rule, therefore, requires the set of equipment necessary 
to provide a minimum level of protection against possible fires.
    One comment expressed concern that a vessel without an auxiliary 
generator could not provide electrical power for a fire pump. We note 
this concern and will address it further in the SNPRM.
    Several comments requested that vessels, 12 meters or less in 
length, should be exempted from the proposed rule. We do not agree with 
these comments. As we previously stated (in the preamble to the NPRM), 
this would not meet the intent of the Authorization Act, because the 
Act does not vary its applicability based on vessel length. We are 
concerned about possible fires on any towing vessel regardless of its 
length.
    Several comments stated that the proposed rule should not apply to 
all towing vessels, but should apply only to towing vessels used to 
transport oil and other hazardous substances. We noted in the NPRM our 
concern about possible fires on any towing vessel--regardless of 
service or materials transported. The rule, as proposed, is intended to 
provide a minimum level of fire protection for all towing vessels. As 
previously noted, the requirements for fixed fire-extinguishing systems 
in the engine rooms of towing vessels remain under review. The SNPRM 
will consider the need for fixed extinguishing systems, taking into 
account the service of the

[[Page 56260]]

vessel as well as the hazard level of the cargoes being transported.
    One comment suggested that we require emergency lighting in the 
engine room. We agree in principle with the comment that emergency 
lighting may enhance access to the engine room during an emergency. 
However, we have not amended the proposed rule to require this. We 
expect that most towing vessels carry battery-powered flashlights and 
portable lanterns that are used daily. If so, it is a reasonable 
expectation that these lights would work when needed. We expect that 
these portable lights would be sufficient for use in emergencies.
    Several comments expressed the view that the crew should not have 
to perform as a fire brigade. They said that this would unnecessarily 
expose the crew to danger. Instead, they felt that a more prudent 
approach would be to abandon the vessel, or to rely on fixed fire-
suppression equipment. We note this concern and will address it further 
in the SNPRM.
    One comment recommended that we extend the implementation date for 
the installation of the required fire-protection equipment. This would 
allow vessel operators the option of installing the required equipment 
at the next scheduled yard date rather than within the specified two-
year period. The comment notes that, if all operators are required to 
install the fire-protection equipment during the same two-year cycle, 
suppliers of the equipment will face a backlog of orders that could 
prevent timely completion of the installations. We do not agree with 
the comment. The proposed two-year limit for complying, in conjunction 
with the time taken to complete the rulemaking, affords existing towing 
vessel operators more than ample opportunity to order and install the 
required equipment.

2. Definitions

    One comment suggested that definitions of several terms were needed 
to clearly understand the proposed rule. The unclear terms were 
operating station, accommodation space, contact maker, fire-detection 
system, pitot-tube pressure, working area, and machinery space. We 
agree with this comment. We discuss the term fire-detection system 
further within the sections of the rules that apply to it. The term 
pitot-tube pressure no longer pertains to this rule. A contact maker is 
a type of switch; specifications for one are described in 46 CFR 
113.25-11. We have added the remainder of the terms to the list of 
definitions in Sec. 27.101. To avoid confusion, we have replaced the 
term machinery space used in the proposed rule with the term engine 
room in all parts of the interim rule.

3. General Alarm

    One comment expressed the opinion that a general alarm should not 
be required on a small vessel, because the crew could communicate by 
voice or by sounding the vessel's horn. We disagree. The primary goal 
of the proposed rule was to ensure that a distinctive emergency signal 
would be installed on each towing vessel, to quickly alert the crew of 
fire or other emergency. A vessel's horn regularly sounds for non-
emergencies. A crewmember's voice may not be clearly heard or 
understood over engine-room noise, resulting in mistaken or delayed 
fire-fighting. The general alarm that we require is a universally 
recognized signal for the crew to respond to their assigned emergency 
stations.
    Several comments felt that Secs. 27.205(a)(4) and proposed 
27.305(a)(3), here 27.305(a)(4), should require monthly instead of 
weekly testing of the general alarm. Again, we disagree. The general 
alarm is an emergency safety system; as such, it must be functional at 
all times. Weekly testing of the alarm is consistent with our rules for 
inspected vessels and provides a high degree of confidence that the 
alarm will operate when needed.
    A number of comments did not understand our intent, or they 
disagreed with our proposed rule, for the design of the general alarm 
stated in Secs. 27.205 and 27.305. A particular concern was the 
requirement to install visible warning devices in all areas on new 
vessels. Many comments felt that a standardized general alarm should be 
required, with audible alarms placed throughout the vessel, including 
supplemental visible alarms in areas with high levels of background 
noise. Upon further review of the proposed rule, we agree that the two 
systems could be misinterpreted in their existing form. We have 
rewritten them to clarify the requirements and have modified them to 
make them consistent for both existing and new vessels. This change 
deletes the requirement for general alarms on new vessels to be both 
audible and visible. This rule requires that all general alarms consist 
of audible warnings located so they can be heard throughout the vessel. 
It also requires that, in areas where it may be difficult to hear those 
warnings, supplemental visible warnings must be installed. This change 
should ensure that a universal warning is in place on both new and 
existing vessels. Uniform general alarms will prevent confusion among 
crewmembers that may transfer between different vessels.

4. Fire Detection

    One comment requested that we change Secs. 27.210 and 27.310 to 
exempt small vessels from the requirement to install fire-detection 
systems. The comment felt that a crew could provide a fire watch and 
sound an alarm by voice or by sounding a vessel's horn. We do not 
agree. The goal of the proposed rule was to ensure that a dedicated, 
reliable system would be installed aboard towing vessels, to provide 
early warning of fires. An approved fire-detection system provides 
continuous surveillance of the protected area. Reliance on crewmembers 
that may be distracted or busy performing assigned duties does not 
provide an equivalent level of protection.
    Another comment noted that the proposed rule would have required an 
approved fire-detection system but not the maintenance or testing of 
the system. We agree with this observation, and Secs. 27.210(b) and 
27.310(b) will require the maintenance and testing of the system 
according to the manufacturer's instruction manual.
    Several comments said that Secs. 27.210 and 27.310 contain 
insufficient design criteria to let the public develop realistic cost 
estimates for the proposed fire-detection systems. We disagree with 
this observation. Manufacturers provided us with basic information on 
costs of their systems. We recognize that each vessel may have unique 
configurations that could alter the final cost of its system. However, 
we believe that this rulemaking contains adequate information to allow 
the development of reasonable estimates of cost.
    Numerous comments regarded the design basis of the proposed fire-
detection systems. Several noted that many existing vessels currently 
have systems that comply with NFPA 72, which is the shore-based 
criterion for such systems. But NFPA 72 allows the spacing of heat 
detectors at much greater distances than the 3 meters (10 feet) that 
proposed Secs. 27.210(b) and 27.310(b) would have required. Since the 
existing systems may not have their detectors spaced at 3-meter 
intervals, these systems would have to be replaced. The comments 
suggested that, for this and other technical reasons, we should accept 
existing systems that comply with NFPA 72. We agree. Existing systems 
that are certified to be UL-listed and are installed under specific 
criteria listed in Secs. 27.210 and 27.310 will be accepted. The 
standard of 3-meter spacing drops from the rule.

[[Page 56261]]

    Another group of comments expressed related concerns with the 
proposed 3-meter standard for the placement of fire detectors on the 
overhead of the engine room. The comments suggested that fire detectors 
located there at 3-meter intervals might not be adequate to protect 
against all hazards. They suggested, as an alternative, a combination 
of heat and smoke detectors located on the overhead and at lower 
levels, near obvious hazards such as main engines or generators. 
Several of the group felt that the rule should allow heat detectors, 
smoke detectors, a combination of heat and smoke detectors, or a 
continuously manned engine room. We partially agree with these 
comments. We have changed the rule to allow fire-detection systems to 
comply with design criteria of the Coast Guard (listed in Secs. 27.210 
and 27.310) or with NFPA 72. These systems may use heat detectors, 
smoke detectors, or a combination of the two. We do not, however, 
consider a continuously manned engine room an acceptable substitute for 
any such system. The attention of the personnel on duty in the engine 
room might be focused on routine tasks or maintenance. Because of these 
parallel duties, the engineers might not immediately notice incipient 
fires. Even a continuously manned engine room must have a fire-
detection system to ensure the needed level of safety.
    Several comments concerned proposed Secs. 27.210(f) and 27.310(f), 
which would have required that the fire-detection system not be used 
for any other purpose. The comments stated that the rule should let the 
system be connected to the automation or other monitoring system of the 
engine room. We disagree. The connection of non-emergency equipment to 
the fire-detection system introduces a potential for spurious 
electrical faults to damage the system; this could decrease the 
reliability of the system. This rule accepts fire-detection systems 
approved by the Coast Guard or listed by UL only for service as fire 
alarms. If other devices are connected to fire-alarm panels, then there 
is no way of ensuring that alarms will perform as necessary.

5. Internal Communications

    One comment expressed the opinion that internal communication 
systems are not needed on small vessels, because the crew could 
communicate by voice. We agree with this comment. In response, we have 
changed the interim rule to allow internal communication requirements 
similar to those listed in 46 CFR part 184 of Subchapter T and 46 CFR 
part 121 of Subchapter K. To be consistent with other provisions of the 
existing regulations, this exemption will also apply to twin-screw 
vessels with operating station control for both engines. Subchapters T 
and K regulations leave the determination of acceptable arrangements on 
small vessels up to the local Officer in Charge, Marine Inspection. 
Towing vessels are not normally subject to the jurisdiction of the 
local inspector; thus alternate performance criteria are listed in the 
rule. Changes to the rule will allow small vessels, where the operating 
station, control station, and the propulsion engine room are 
sufficiently close together, to use direct voice communication instead 
of an internal communication system. For the purpose of this 
regulation, we feel that the separation criterion ``sufficiently 
close'' is satisfied, if the crew is able to maintain unobstructed 
visual contact and the separation distance between the operating 
station and the engine room access door does not exceed 3 meters (10 
feet).
    Another comment requested clarification of proposed Secs. 27.215(a) 
and 27.315(a) regarding the necessary degree of independence for the 
system. It asked whether the system needs to be electrically and 
physically isolated from the vessel's electrical system. It also 
suggested that battery-powered public-address (PA) systems or portable 
VHF radios should fulfill this requirement on both existing and new 
vessels. We agree with this comment, and have changed the sections 
accordingly. Our intent here is to ensure the presence of a reliable 
system, one that will continue to operate even if the vessel's 
electrical power fails or shuts down. We regard either an installed PA 
system with backup power from batteries, or hand-held VHF radios, as 
meeting these criteria. It is not necessary for the system to be 
completely distinct from the vessel's electrical system. Our intent is 
to ensure there is a source of power for the communication system that 
does not depend on the towing vessel's electrical system.
    One comment recommended that we require the systems for internal 
communication to be intrinsically safe. We do not agree. The system is 
to allow contact between the engine room and the operating station. 
Neither of these areas is a hazardous location where specialized 
electrical equipment must be installed.

6. Fire Pumps, Fire Main, and Fire Hose

    Numerous comments concerned the proposed rule for fire pumps, 
hydrants, and hoses. Many of the comments wondered how an installed 
fire pump could be of any use in combating an engine-room fire if it or 
its source of power were located in the engine room. Others noted that 
the requirement for a portable pump made sense in part precisely 
because the pump would not be affected by an engine-room fire, but 
noted further that it would be extremely difficult to effectively 
deploy and start the pump in an emergency. Many others suggested that 
manual fire-fighting in an engine room would be very difficult for 
crewmembers not trained as professional fire fighters. Because of these 
comments critical of the proposed rule, we are reserving all sections 
of the proposed rule that pertain to manual fire-fighting for further 
consideration in the SNPRM. This may reduce or remove the proposed rule 
for manual fire-fighting equipment if our further consideration 
concludes that fixed extinguishing systems or other measures offer a 
more effective means of suppressing engine-room fires aboard towing 
vessels.

7. Fire-Extinguishing Equipment

    One comment noted that proposed Sec. 27.325 would have allowed the 
operator of a new towing vessel 24 meters in length or longer to 
install either a semi-portable fire extinguisher or a fixed fire-
extinguishing system. The comment expressed the view that, on new 
vessels, fixed systems should be required. That was our intent with the 
NPRM; only through a typographical error did the proposed rule state 
that the installation of either type of system was acceptable. A 
corrective notice [62 FR 60939] published on November 13, 1997, made 
this clear: The proposed rule should have stated that both a semi-
portable extinguisher and a fixed system would be required. We have 
decided, however, to reserve this section for the SNPRM.
    Numerous comments concerning the proposed requirements for semi-
portable fire extinguishers took a different view. Several felt that no 
extinguisher should be located in the engine room, to prevent it from 
being damaged during a fire. Others stated that several small 
extinguishers would be more effective than one large one. In response 
to the comments we received on the issue of manual versus fixed fire 
extinguishing, we have decided to reserve this section as well. It, 
too, will receive further consideration in the SNPRM.

8. Fuel Shutoffs

    Several comments requested that we change the requirements for fuel 
shutoffs proposed in Sec. 27.340(f). Many suggested that we allow, for 
new

[[Page 56262]]

vessels, remote engine shutdown instead of remote fuel shutoff. A 
contrary comment recommended that we not allow the remote engine 
shutdown on existing vessels and that, for effective extinguishing of 
the fire, we instead require only remote fuel shutoffs in all cases. 
The comments favoring remote engine shutdowns noted that, if a vessel 
with multiple engines experienced an engine fire, a fuel shutoff would 
disable all of the engines, reducing maneuvering flexibility. Some of 
these reasoned that, if all vessels had remote engine shutdowns instead 
of remote fuel shutoffs, only the affected engine would need to be 
stopped, so the remaining engine could be used to safely maneuver the 
vessel. Others observed that, if a diesel engine were stopped by 
shutting off its fuel supply, it could not be easily restarted, and 
would require a shore-based mechanic to repair. We do not agree with 
the comments that a remote fuel shutoff should be optional; we agree 
with the comment that one should be required on every vessel and have 
changed the rule accordingly. As the preamble to the NPRM noted, a fuel 
shutoff is the preferred means of protection. It allows the crew to 
stop the flow of fuel into the engine room from the fuel tanks, but 
need not be immediately closed. Moreover, on a vessel with multiple 
engines, a fuel shutoff could be installed on the fuel line to each 
engine. A remote engine shutdown, by contrast, leaves no way to stop 
the flow of fuel into the engine room if a fuel line or fitting is 
damaged. Fire fighting must be coordinated with the operation of the 
vessel and must also be tailored to the situation as it unfolds. 
Ordinarily, the master decides when to close the fuel shutoff. 
Emergency maneuvering could occur when conditions allowed. In addition, 
the engines could be stopped by normal means before the fuel shutoff is 
operated, to help prevent complications with restart. Effective fire-
fighting will require the ability to shut off the gravity flow of fuel 
into the engine room regardless of the method used to extinguish the 
fire (manual or fixed). Remote engine shutdowns will not afford this 
ability.
    One group of comments requested that we change proposed 
Sec. 27.340(f) to require the fuel shutoff only on the main engine(s). 
They noted that a complete fuel shutoff would stop the auxiliary 
generator, which in turn would disable the electric fire pump. Others 
asked whether we would require remote fuel shutoffs for every fuel 
line. Our response is yes; fires involving the main engine are not the 
only hazard that we are concerned about. Auxiliary engines such as 
diesel generators could also suffer fires related to fuel systems. The 
proposed rule clearly stated, and this interim rule clearly states, 
that any fuel line that could be subjected to internal head pressure 
from fuel in a tank must be fitted with a remotely-operated positive-
shutoff valve. Several options exist for the arrangement of the valve. 
The valve can be located at the main-tank discharge, upstream of any 
fuel-line branches. If this valve closes, then the flow of all 
combustible fuel to the engine room stops. Operators of vessels with 
multiple engines or auxiliaries do not have to install single valves to 
stop the flow of fuel from the main tanks; they may install multiple 
valves such that selected engines can continue running during a fire, 
if conditions permit.

9. Fire Axes

    Several comments asked about our reasoning for requiring a fire axe 
in Sec. 27.235. Fire axes are used for forcible entry and for salvage 
and overhaul. A pick-headed fire axe can help open burning insulation 
and lagging or storage cabinets to ensure that all local hot spots are 
exposed and properly extinguished. Because the fire axe is part of the 
previously proposed manual fire-fighting equipment, we have reserved 
this section for further comment in the SNPRM.

10. Muster Lists

    Several comments related to our proposed requirements for muster 
lists. Because muster lists are an element of the proposed manual 
method of fire-fighting, we have reserved this section for further 
consideration in the SNPRM.

11. Drills

    One comment recommended we require all licensed personnel on towing 
vessels be certified as trained in fire fighting. While we agree with 
this comment in principle, we do not intend to amend the proposed rule 
because the benefit-cost analysis does not support such a requirement. 
Further, changes to the requirements for licensing maritime personnel 
are outside the scope of this rulemaking. Most persons serving on 
towing vessels in inland or coastal service do not carry licenses that 
require them to attend approved fire-fighting schools. Also, these 
vessels operate where municipal fire departments may be available to 
supplement their crews in fire fighting. Our rules require all 
crewmembers to participate in monthly drills aboard their vessels. 
These drills should familiarize them with the specific emergency 
procedures and equipment aboard their vessels.
    Several comments asked that we change proposed Sec. 27.355(c) to 
let the required fire drills and instruction be given by persons 
licensed as operators of uninspected towing vessels (OUTVs). We agree 
with this comment and have deleted the proposed requirements that 
drills be conducted by a person licensed for operation of inspected 
vessels of 100 gross tons or more.
    One comment expressed concerns regarding the proposed requirements 
for training and drills in Sec. 27.355. The comment maintained that the 
requirements would entail monthly drills on engine-room fires and 
periodic training on other fire-related activities. It suggested that 
the drills include practice in responding to different types of 
emergencies and that training occur no more often than quarterly. We 
feel that the comment has misinterpreted the proposed requirements. We 
have proposed monthly drills to ensure that the crew is familiar with 
its responsibilities during an emergency. The drills should help the 
crew to practice locating and operating the emergency equipment. They 
should also allow the crew to consider contingencies for responding to 
unplanned events such as blocked access, damaged or missing equipment, 
and search and rescue. The fire-fighting exercise in the engine room 
(see Sec. 27.355(a)(1)) is intended to ensure crews regularly practice 
this important evolution. We expect that the monthly drills will vary 
to cover a variety of fires or related emergencies that could occur on 
the vessel. Changes in the vessel's routes or cargoes may introduce 
different scenarios or circumstances. We do not want the crew to 
perform monthly drills responsive only to fires in the engine room. We 
have not changed this section in response to this comment.

12. Fuel Systems

    One comment suggested that the final rule cover fuel systems for 
portable pumps on existing vessels. Because portable pumps are used for 
manual fire-fighting, we have reserved treatment of this issue for the 
SNPRM.
    One person questioned the lack of a definition of a 30-by-30-mesh 
flame screen in Sec. 27.340(d)(1), and noted that the proposed rule did 
not specify that the screen be corrosion-resistant. We agree that a 
flame screen should be corrosion-resistant and have changed this rule 
accordingly. We do not agree that further explanation of the term 30-
by-30 mesh is warranted. This description of the flame screen is

[[Page 56263]]

commonly understood and is consistent with 46 CFR Subchapter F, Marine 
Engineering.
    Several comments noted that Sec. 27.340(c) as proposed could be 
interpreted to prohibit portable fire pumps with gasoline-powered 
engines. It is not our intent to prohibit the use of portable fire 
pumps. Because portable pumps are used for manual fire-fighting, we 
have also reserved treatment of this issue for the SNPRM.
    One comment noted that Sec. 27.340(d) as proposed would require the 
fitting of each fuel tank with a vent pipe connected to the highest 
point of the tank and terminating on the weather deck. The comment felt 
that this would prevent the operator of a towing vessel from leading a 
common vent pipe from two or more fuel tanks. This is not the intent. 
The individual vent pipes from several fuel tanks containing liquids in 
the same class of hazards could be connected to a header that vents on 
the weather deck, as long as the piping arrangements and diameters were 
adequately sized to prevent overpressuring the tanks. We have revised 
this paragraph to prevent confusion.
    One comment asked that we clarify the proposed rule to indicate 
that 46 CFR Chapter I, Subchapter F, Marine Engineering, does not apply 
to towing vessels. The comment is partly correct. Subchapter F does not 
apply to the vessels affected by this rulemaking--unless they use 
Bunker C as a fuel source. Since this rule describes specific criteria 
for the design and installation of fuel systems, it needs to include 
how Bunker C is handled.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
Sec. 27.340, paragraphs (b), (e) and (g), for incorporation by 
reference under 5 U.S.C. 552(a) and 1 CFR part 51. The material is 
available for inspection where indicated under ADDRESSES. Copies of the 
material are available from the sources listed in those paragraphs.

Regulatory Evaluation

    This interim 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. However, it is significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979) because of public interest 
generated by the NPRM and the Office of the Secretary has reviewed it.
    A Regulatory Assessment under paragraph 10e of the regulatory 
policies and procedures of DOT is available in the docket for 
inspection or copying where indicated under ADDRESSES. A summary of the 
Assessment follows; unless otherwise indicated, cost and benefit data 
are expressed in end-of-year values for 1998 and reflect a 15-year 
period of analysis.

Summary of Benefits

    Measures published in this interim rule should yield a benefit-to-
cost ratio of 1.3-to-1. The benefits, in the form of avoided injuries 
as well as damage to vessels and property, are approximately $31.7 
million. In addition, the measures are estimated to prevent 6,065 
barrels of oil pollution. The table following this paragraph 
illustrates the calculation of net cost-effectiveness from total 
quantifiable costs and benefits resulting from implementation of this 
rule. The benefits are normalized into cost-effectiveness ratios to 
reflect the cost per unit of oil pollution averted. Here's how: The 
total estimated dollar cost of this rule is shown on Line (1); total 
property damage and injuries averted, a benefit expressed in dollars, 
is shown on Line (2) and is subtracted from total dollar costs to yield 
a net cost, which is shown on Line (3); pollution averted, which is 
expressed in barrels of oil not spilled, is shown on Line (4); and the 
net cost from Line (3) divided by the pollution averted benefit from 
Line (4) to yield an expression of cost-effectiveness expressed in 
units of net discounted dollars per discounted barrels of oil not 
spilled appears on the bottom line. This procedure permits us to 
compare benefits from averted pollution and property damage benefits in 
terms of net cost-effectiveness.

       Table 1.--Fire Protection Measures for Towing Vessels: Cost
  Effectiveness Expressed in 1998 Dollars per Barrel of Oil Not Spilled
------------------------------------------------------------------------
  Type of benefits and costs         Quantity              Units
------------------------------------------------------------------------
(1) Cost of this rule.........         23,559,966  Dollars (PV).
(2) Property Damage and                31,747,815  Dollars (PV).
 Injuries-averted.
(3) Net cost (1)-(2)..........         -8,187,849  Dollars (PV).
(4) Pollution averted.........              6,065  Barrels of oil
                                                    unspilled (PV).
Net cost effectiveness                     -1,350  Dollars per barrel
 (3)(4).                                    unspilled.
------------------------------------------------------------------------
Note: Benefits, shown on lines (2) and (4), are italicized. On the
  bottom line, net cost-effectiveness is underlined and represents a
  common expression of different benefits quantified in unlike units of
  measure. In this case, they are: Averted damage to vessels and
  equipment and injuries to crewmembers, expressed in dollars; and, Oil
  not spilled overboard into bodies of water, expressed in barrels of
  oil not spilled.
In order to express the benefits in an expression of like units,
  benefits expressed in dollars on line (2) are subtracted from the cost
  of the rule expressed in dollars on line (1), resulting in the net
  cost of the rule on line (3). Net cost is divided by pollution
  benefits to yield an expression of net cost-effectiveness expressed in
  dollars per barrel of oil not spilled. The sign (+/-) of the net cost-
  effectiveness expression indicates the relationship between non-
  pollution benefits and the cost of the rule. If the sign is negative,
  dollar benefits exceed the cost; if it's positive, the cost of the
  rule exceeds the dollar benefit component. All cost-effectiveness
  ratios expressed in dollars per barrel of oil not spilled may be
  compared with one-another. Smaller dollar values in the numerator,
  including those with negative signs, signify greater cost-
  effectiveness.

    The principal benefit of this rule is protection against oil spills 
and property damage that may result when a fire causes a towing vessel 
to lose control over the tank barge it is towing, permitting the barge 
to run aground. Quantifiable benefits accrue from averted pollution 
measured in barrels of oil not spilled and averted damage to property 
such as vessels and machinery, measured in dollars.
    To construct the benefits analysis, the Coast Guard employed its 
Marine Safety Management System (MSMS) database and underlying reports 
to provide a reasonable approximation for modeling marine casualties 
and pollution incidents. The model postulates that, if requirements in 
this rule were not enacted, the normalized frequency and severity of 
pollution and damage due to fires on towing vessels would continue at 
about the same magnitude as during a representative five-year base 
period--which the Coast Guard identified as 1992-1996. This period 
samples the maritime environment after the Oil Pollution Act of 1990 
(OPA 90); the Coast Guard considers the period long enough to capture a 
representative

[[Page 56264]]

history, while short enough to be reasonably current. The Coast Guard 
considered the period 1992-1997; it did not choose that time period 
because reports for 1997 remain open and are too preliminary to present 
a fair representation.
    The Coast Guard recognized that the nature of the maritime 
environment--blending people, vessels, machines, and the sea--still 
might cause some of the casualties targeted by this rule after it is in 
force. Accordingly, we assembled a team comprised of marine inspectors, 
program analysts, and economists, who reviewed the data and individual 
case files, and consulted fire-protection engineers and various 
subject-matter experts with field experience. From these two efforts, 
the Coast Guard identified probabilities of effectiveness for the fire-
protection requirements and for closely related proposals that are fair 
and reasonable assessments of likely future performance.
    The team identified 155 cases that occurred between January 1, 1992 
to December 31, 1996, that involved fires on towing vessels. The Coast 
Guard reviewed the casualty data and narratives for each incident. 
These cases provided the pool from which it estimated the expected 
benefits. Each of these cases is summarized in Appendix G of the 
Regulatory Assessment (available in the docket). For all five 
requirements, the Coast Guard reviewed casualty data of each case to 
assess whether the casualty could have been prevented or diminished in 
severity by this interim rule. Coast Guard analysts assigned an 
effectiveness degree representing the extent each proposed measure 
would have favorably affected each casualty case. They then tabulated 
average effectiveness percentages levels for each requirement: fire 
detection systems--15.4%; training and drills--12.3%; fuel shutoff 
valves--12%; internal vessel communication systems--7.4%; and general 
alarms--7.7%. Most cases would likely have benefited from two or more 
of the measures. That is why they used a methodology, which took into 
account the typical sequence in which the five requirements would come 
into play during a casualty. For these cases fire-detection systems 
would confer ``first tier'' benefits; internal vessel communication 
systems, ``second tier'' benefits; training and drills, ``third tier'' 
benefits; general alarms, ``forth tier'' benefits; and fuel-shutoff 
valves, ``fifth tier'' benefits. Apportioning the benefits in this way 
avoids multiple counting of benefits.
    The principal purposes of this rule are to avert oil pollution and 
prevent damage and injuries, since they are public benefits. Our 
analysis projects that, from the effective date through 2014, the 
requirements implemented with this rule will result in a total 
pollution benefit of about 6,065 barrels of oil (not spilled), and 
total damage and injuries averted worth an estimated $31.7 million 
(present value).

Summary of Costs

    The towing vessel industry will bear the costs of this rule. Most 
costs will occur during the two-year phase-in period following the 
rule's publication date. Owners and operators of existing vessels 
required to install equipment no doubt will take advantage of the 
extended phase-in period as they plan for and incur onetime costs of 
purchasing and installing the general alarms ($2,600), the fire-
detection systems ($2,880), the internal communication systems 
($1,000), and the fuel-shutoff valves ($2,500).
    For the purpose of this analysis, the Coast Guard assumes that half 
of the vessels will comply with each required measure during the first 
year of the phase-in period and half of the vessels will comply during 
the second year.
    The total cost of this rule is the sum of the costs to the towing 
industry for the several requirements in the rule. The following table 
lists those costs, requirement by requirement:

 Table 2.--Two-year phase-in costs of the requirement due to the interim
           rule on Fire Protection expressed in 1998 dollars.
------------------------------------------------------------------------
                                                              Total Cost
                                                   2-Year     [includes
                  Requirement                     Initial       annual
                                                    Cost      recurring
                                                              costs] \1\
------------------------------------------------------------------------
General Alarm.................................   $1,414,955   $1,471,894
Internal Vessel Communication.................      875,081    1,078,254
Fire Detection................................    5,098,059   10,624,372
Fuel-Shutoff Valve............................    7,024,151    7,279,647
Training and Drills...........................      616,534   3,105,799
------------------------------------------------------------------------
\1\ Over the period of analysis from 1999 until 2015.

    During the two-year phase-in period within which existing vessels 
must come into compliance, this rule is estimated to cost industry 
about $15 million. Over the period of analysis (1999 until 2015), the 
projected total cost is approximately $23.6M (PV).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub L. 
104-4, 109 Stat. 48) requires Federal agencies to assess the effects of 
certain regulatory actions on State, local, and tribal governments, and 
the private sector. Under sections 202 and 205 of the UMRA, the Coast 
Guard generally must prepare a written statement of economic and 
regulatory alternatives for proposed and final rules that contain 
Federal mandates. A ``Federal mandate'' is a new or additional 
enforceable duty, imposed on any State, local or tribal government, or 
the private sector. If any Federal mandate causes those entities to 
spend, in the aggregate, $100 million or more in any one year, an 
analysis under the UMRA is necessary.
    While several State and local governments operate some towing 
vessels, the majority of affected towing vessels are owned and operated 
by entities in the private sector. This interim rule does not now 
directly affect tribal governments. The total burden of Federal 
mandates imposed by this rule will not result in annual expenditures of 
$100 million or more. Therefore, sections 202 and 205 of the UMRA do 
not apply.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers the economic impact on small entities of each 
rule for which a general notice of proposed rulemaking is required. 
``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.
    An assessment of this interim rule's impacts on small entities is 
included in the regulatory assessment; it is available in the docket 
for inspection or copying where indicated under ADDRESSES.
    The owner of a vessel that is not in compliance with any of the 
five requirements would have to spend $9,480, on average, to meet the 
measures outlined in this interim rule. However, most vessels are 
already in compliance with some of the measures as shown in Table 3. In 
an effort to determine the average financial impact on towing vessel 
owners/operators, the Coast Guard estimated the expected cost of 
compliance with the interim rule. The expected cost of this rulemaking 
is simply the sum of each requirement's cost weighted according to 
their probabilities of occurrence. On average, towing vessel owners and 
operators are expected to spend $3,306 per affected vessel to comply 
with this rulemaking (Table 3).

[[Page 56265]]



                              Table 3.--Equipment Cost and Towing Vessel Compliance
----------------------------------------------------------------------------------------------------------------
                                                                                        (4)
                                                    (2) Towing      (3) Towing    Probability of   (5) Expected
           Requirement              (1) Cost of    vessels with       vessels     incurring cost   cost  [(1)  x
                                     equipment       equipment        without       (% without      (4) = (5)];
                                                                     equipment      equipment)
----------------------------------------------------------------------------------------------------------------
General Alarm...................          $2,600           4,216             602            12.5         $325.00
Internal Vessel Communication...           1,000           3,850             968           20.09          200.90
Fire Detection..................           2,880           2,982           1,835           38.08        1,096.70
Fuel Shutoff Valve..............           2,500           1,710           3,108            64.5        1,612.50
Training and Drills.............             500           4,136             682           14.15           70.75
                                 -------------------------------------------------------------------------------
    Total.......................           9,480          16,892           7,195  ..............        3,305.85
----------------------------------------------------------------------------------------------------------------

    The impact of this rule will fall primarily on the owners and 
operators of towing vessels that do not already carry all of the 
equipment or take all of the measures required. The rule will require 
such owners and operators to purchase and install specific fire-
protection equipment. Furthermore, masters and mates of towing vessels 
must be able to familiarize their crews with procedures to control and 
extinguish fires on board their towing vessels. Owners and operators of 
towing vessels are responsible for both inspecting their fire-fighting 
equipment and systems and maintaining them in good working order. The 
purpose is to decrease the probability of fires on vessels towing 
barges, because they may lead to barges drifting out of control--which 
could result in harm to people, pollution, and property damage.
    We are establishing a two-year phase-in period for the existing 
towing vessel requirements of equipment and measures. Although we 
received no comments on the NPRM concerning small entities, we 
recognize that a significant number of towing vessels are likely owned 
and operated by small firms not dominant in the industry. The two-year 
phase-in permits vessels to undergo the installation of equipment 
required by this rule during normal inactive periods. They may thus 
avoid incurring the extra opportunity costs of lost revenue during that 
time. The long phase-in will thus permit most small entities to explore 
the market, and to plan and schedule installations during normal 
downtime (dockside).
    The equipment required by this rule is in common use in the 
industry and does not represent novel or untried technology. Some small 
entities are likely to be among the majority of owners and operators 
who already meet some or all of the requirements. This rule will result 
in a financial burden for some of those owners and operators who must 
purchase and install equipment. The costs are very low in comparison 
with the replacement cost of a towing vessel, and extremely low in 
comparison with the damage that could be caused by, and the liability 
that could result from, an accident and resultant spill.
    The crafting of this rule so that many affected vessels are already 
in compliance, and the two-year phase-in period for installation of 
fire-protection equipment and systems on existing vessels, provide 
important accommodations to, and significant flexibility for, small 
entities and others affected by this rule.
    Accordingly, the Commandant certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have 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 rule will have a significant 
economic impact on your business or organization, please submit 
comments (see ADDRESSES) explaining why you think it qualifies and in 
what way, and to what degree, this rule will affect it economically.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this interim rule so that they can 
better evaluate its effects on them and participate in the rulemaking. 
If your small business or organization is affected by this rule and you 
have questions concerning its provisions or options for compliance, 
please call Mr. Randall Eberly, telephone 202-267-1861.
    The Small Business and Agriculture Regulatory Enforcement Ombudsman 
and 10 Regional Fairness Boards were established to receive comments 
from small businesses about enforcement by Federal agencies. The 
Ombudsman will annually evaluate the enforcement activities and rate 
each agency's responsiveness to small business. If you wish to comment 
on enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-
3247).

Collection of Information

    This interim rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). It 
does require standard wording to appear on each general alarm bell and 
flashing light. This wording is to inform crewmembers that when the 
general alarm bell sounds, or the red light flashes, they should 
proceed to their assigned stations. This labeling is exempt from the 
Office of Management and Budget guidelines for collection and posting 
of information since exact wording is provided.

Federalism

    The Coast Guard has analyzed this interim rule in accordance with 
the principles and criteria contained in Executive Order 12612. In the 
case of any towing vessel towing a non-self-propelled tank vessel, this 
rulemaking was statutorily mandated, so this rule does not require a 
Federalism assessment. In the case of all other vessels to which this 
rule applies, the Coast Guard has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    Although the Coast Guard has determined that this rule does not 
warrant the preparation of a Federalism Assessment, the rule does 
preempt portions of State law regarding fire-protection measures for 
towing vessels. The rule primarily concerns the design, construction, 
and equipment associated with fire-protection measures for towing 
vessels. Courts have long held that the Coast Guard has preemptive 
regulatory authority on matters of design,

[[Page 56266]]

construction, and equipment on vessels--either where it has received a 
statutory mandate to regulate, or, if the authority to regulate is 
discretionary, where it has exercised this authority. [See, e.g., Kelly 
v. Washington, 302 U.S. 1 (1937); Ray v. Atlantic Richfield Co. 435 
U.S. 151 (1979); International Association of Independent Tanker Owners 
(Intertanko) v. Locke, 148 F.3d 1053 (9th Cir. 1998) petitions for 
cert. filed (U.S. Apr. 23, 1999) (No. 98-1701, 1706)]. In the case of 
this rule, the statutory authorities under which the regulations are 
promulgated mandate action for inspected towing vessels and any towing 
vessels towing a non-self-propelled tank vessel [per 46 U.S.C. 
3306(a)(3) and 4102(f)(2)], and give discretionary authority for all 
other towing vessels [per 46 U.S.C. 4102(f)(1)]. Under either premise, 
the preemptive impact of the Coast Guard's actions in this rulemaking 
is the same.
    One State, Rhode Island, has enacted regulations that this rule 
preempts. Our regulations on internal communications [46 CFR 27.215 and 
27.315] preempt 46 R.I. Gen. Laws, Sec. 12.5-23(d). Our regulations on 
automated fire-detection systems [46 CFR 27.210 and 27.310] preempt 46 
R.I. Gen. Laws, Sec. 12.5-23(e).
    Since Rhode Island has indicated its willingness to accede to 
Federal regulation of towing vessels under similar circumstances [see 
46 R.I. Gen. Laws, Sec. 12.6-12], and since the Coast Guard knows of no 
other States that have enacted similar regulations pertaining to 
internal communications and fire-protection measures aboard towing 
vessels, the Coast Guard expects the Federalism implications of this 
rule to be minimal. However, if comments received indicate there is a 
need for further preemption analysis, the Coast Guard will conduct one.

Environment

    The Coast Guard considered the environmental impact of this interim 
rule and concluded that under Figure 2-1, paragraphs (34) (c) and (d) 
of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 27

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements, Vessels.
    For the reasons discussed in the preamble, the Coast Guard adds 46 
CFR part 27 to read as follows:

PART 27--TOWING VESSELS

Subpart A--General Provisions for Fire Protection on Towing Vessel

Sec.
27.100  What towing vessels does this part affect?
27.101  Definitions.
27.102  Incorporation by reference.

Subpart B--Fire Protection Measures for Existing Towing Vessels

Sec.
27.200  What are the requirements for an existing towing vessel?
27.205  What are the requirements for a general alarm on an existing 
towing vessel?
27.210  What are the requirements for fire detection on an existing 
towing vessel?
27.215  What are the requirements for internal communication on an 
existing towing vessel?
27.220  If an existing towing vessel is 24 meters (79 feet) or 
longer in length, what are the requirements for fire pump, fire 
main, and fire hose? [Reserved]
27.221  If an existing towing vessel is less than 24 meters (79 
feet) in length, what are the requirements for fire pump and fire 
hose? [Reserved]
27.225  What type of portable fire-extinguisher is required on an 
existing towing vessel? [Reserved]
27.230  What are the requirements for a fuel shutoff on an existing 
towing vessel?
27.235  Is a fire axe required on an existing towing vessel? 
[Reserved]
27.240  What are the requirements for a muster list on an existing 
towing vessel? [Reserved]
27.245  What are the requirements for the instruction, drills, and 
safety orientations conducted on an existing towing vessel?

Subpart C--Fire Protection Measures for New Towing Vessels

Sec.
27.300  What are the requirements for a new towing vessel?
27.305  What are the requirements for a general alarm on a new 
towing vessel?
27.310  What are the requirements for fire detection on a new towing 
vessel?
27.315  What are the requirements for internal communication on a 
new towing vessel?
27.320  If a new towing vessel is 24 meters (79 feet) or longer in 
length, what are the requirements for fire pump, fire main, and fire 
hose? [Reserved]
27.321  If a new towing vessel is less than 24 meters (79 feet) in 
length, what are the requirements for fire pump and fire hose? 
[Reserved]
27.325  If a new towing vessel is 24 meters (79 feet) or longer in 
length, what type of fire-extinguishing equipment must it carry? 
[Reserved]
27.326  If a new towing vessel is less than 24 meters (79 feet) in 
length, what type of fire-extinguishing equipment must it carry? 
[Reserved]
27.340  What are the requirements for a fuel system on a new towing 
vessel?
27.345  Is a fire axe required on a new towing vessel? [Reserved]
27.350  What are the requirements for a muster list on a new towing 
vessel? [Reserved]
27.355  What are the requirements for the instruction, drills, and 
safety orientations conducted on a new towing vessel?

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 
110 Stat. 3947); 49 CFR 1.46.

Subpart A--General Provisions for Fire Protection on Towing Vessels


Sec. 27.100  What towing vessels does this part affect?

    (a) You must comply with this part if your towing vessel operates 
on the navigable waters of the United States, unless your towing vessel 
is described in paragraph (b) of this section.
    (b) This part does not apply to you if your towing vessel is--
    (1) Used solely within a limited geographic area, such as a 
fleeting-area for barges or a commercial facility, or used solely for 
restricted service, such as making up or breaking up larger tows;
    (2) Used solely for assistance towing as defined by 46 CFR 10.103;
    (3) Used solely for pollution response;
    (4) Exempted by the Captain of the Port (COTP);
    (5) A public vessel that is owned, or demise chartered, and 
operated by the United States Government or by a government of a 
foreign country; and that is not engaged in commercial service; or
    (6) A foreign vessel engaged in innocent passage.
    (c) If you think your towing vessel should be exempt from these 
requirements for a specified route, you should submit a written request 
to the appropriate COTP. The COTP will provide you with a written 
response granting or denying your request. The COTP will consider the 
extent to which unsafe conditions would result if your towing vessel 
lost propulsion because of a fire in the engine room.


Sec. 27.101  Definitions.

    As used in this part--Accommodations includes any:
    (1) Messrooms.
    (2) Lounges.
    (3) Sitting areas.
    (4) Recreation rooms.
    (5) Quarters.
    (6) Toilet spaces.
    (7) Shower rooms.
    (8) Galleys.
    (9) Berthing facilities.
    (10) Clothing-changing rooms.
    Engine room means the enclosed area where any main-propulsion 
engine is

[[Page 56267]]

located. It comprises all deck levels within that area.
    Existing Towing Vessel means a towing vessel that is not a new 
towing vessel.
    Fixed fire-extinguishing system means a carbon-dioxide system that 
satisfies 46 CFR subpart 76.15; a manually-operated clean-agent system 
that satisfies NFPA 2001 and is approved by the Commandant; or a 
manually-operated water-mist system that satisfies NFPA 750 and is 
approved by the Commandant.
    New Towing Vessel means a towing vessel the construction of which 
was contracted for on or after January 18, 2000.
    Operating Station means the principal steering station on the 
vessel, from which the vessel is normally navigated.
    Towing Vessel means a commercial vessel engaged in, or intending to 
engage in, pulling, pushing, or hauling alongside, or any combination 
of pulling, pushing, or hauling alongside.
    We means the United States Coast Guard.
    Working area means any area on the vessel where the crew could be 
present while on duty and performing their assigned tasks.
    You means the owner of a towing vessel, unless otherwise specified.


Sec. 27.102  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other 
than that specified in paragraph (b) of this section, the Coast Guard 
must publish notice of the change in the Federal Register and make the 
material available for inspection. All approved material is so 
available at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC and at the U.S. Coast Guard, 
Office of Design and Engineering Standards (G-MSE), 2100 Second Street 
SW., Washington DC 20593-0001 and is available from the sources 
indicated in paragraph (b) of this section.
    (b) The material approved for incorporation by reference in this 
part and the sections affected are:

American Boat and Yacht Council (ABYC), 3069 Solomons Island
 Road, Edgewater, MD 21037-1416
  H-25-1986--Portable Fuel Systems for Flammable Liquids.....     27.340
  H-33-1989--Diesel Fuel Systems.............................     27.340
National Fire Protection Association (NFPA), 1 Batterymarch
 Park, Quincy, MA 02269-9101
  302-1989--Pleasure and Commercial Motorcraft...............     27.340
Society of Automotive Engineers (SAE), 400 Commonwealth
 Drive, Warrendale, PA 15096-0001
  SAE J1475-1984--Hydraulic Hose Fitting for Marine               27.340
   Applications..............................................
  SAE J1942-1989--Hose and Hose Assemblies for Marine             27.340
   Applications..............................................
Subpart B-Fire Protection Measures for Existing Towing
 Vessels
 

Sec. 27.200  What are the requirements for an existing towing vessel?

    If your existing towing vessel operates as described in 
Sec. 27.100(a), you must ensure that it complies with Secs. 27.205 
through 27.245 of this part.


Sec. 27.205  What are the requirements for a general alarm on an 
existing towing vessel?

    (a) By October 8, 2001, you must ensure that your vessel is fitted 
with a general alarm that:
    (1) Has a contact maker at the operating station that can notify 
persons on board in the event of an emergency.
    (2) Is capable of notifying persons in any accommodation, work 
space, and the engine room.
    (3) In the engine room and any other area where background noise 
makes a general alarm hard to hear, has a supplemental flashing red 
light identified with a sign that reads:

Attention

    General Alarm--When Alarm Sounds or Flashes Go to Your Station.

    (4) Is tested at least once each week.
    (b) You or the operator may use a public-address (PA) system or 
other means of alerting all persons on your towing vessel instead of a 
general alarm, if--
    (1) The PA system is capable of notifying persons in any 
accommodation or work space or the engine room;
    (2) It is tested at least once each week;
    (3) It can be activated from the operating station; and
    (4) It complies with paragraph (a)(3) of this section.


Sec. 27.210  What are the requirements for fire detection on an 
existing towing vessel?

    By October 8, 2001, a fire-detection system must be installed on 
your vessel to detect engine-room fires. You must ensure that--
    (a) Detectors, control units, and fire alarms are approved under 46 
CFR subpart 161.002, or are listed by an independent testing 
laboratory;
    (b) The system is installed, tested, and maintained per the 
manufacturer's design manual;
    (c) The system is arranged and installed so a fire in the engine 
room automatically sets off visible and audible alarms on a control 
panel at the operating station;
    (d) The control panel includes--
    (1) A power-available light;
    (2) A visible and audible alarm for each zone;
    (3) A means to silence audible alarms while maintaining indication 
by visible alarm;
    (4) A circuit-fault detector test-switch; and
    (5) Labels for all switches and indicator lights, indicating their 
functions.
    (e) The system is powered from two sources, switchover from the 
primary power source to the secondary source being either manual or 
automatic;
    (f) The system is used for no other purpose; and
    (g) The system is certified by a Registered Professional Engineer, 
or by a recognized classification society (under 46 CFR part 8), to 
meet the criteria listed in paragraphs (a) through (f) of this section.


Sec. 27.215  What are the requirements for internal communication on an 
existing towing vessel?

    (a) By October 8, 2001, you must ensure that your vessel is fitted 
with a communication system between the engine room and operating 
station that--
    (1) Is comprised of either fixed or portable equipment, such as a 
sound-powered telephone, portable radios, or other reliable method of 
voice communication, with a main or reserve power supply that is 
independent of the electrical system on your towing vessel; and
    (2) Provides two-way voice communication and calling between the 
operating station and either--
    (i) The engine room; or
    (ii) A location immediately adjacent to an exit from the engine 
room.
    (b) Twin-screw vessels with operating station control for both 
engines are not required to have an internal communication system.
    (c) When the operating station control station and the engine room 
access are within 3 meters (10 feet) of each other and allow 
unobstructed visual contact between them, direct voice communication is 
acceptable instead of a communication system.

[[Page 56268]]

Sec. 27.220  If an existing towing vessel is 24 meters (79 feet) or 
longer in length, what are the requirements for fire pump, fire main, 
and fire hose? [Reserved]


Sec. 27.221  If an existing towing vessel is less than 24 meters (79 
feet) in length, what are the requirements for fire pump and fire hose? 
[Reserved]


Sec. 27.225  What type of portable fire-extinguisher is required on an 
existing towing vessel? [Reserved]


Sec. 27.230  What are the requirements for a fuel shutoff on an 
existing towing vessel?

    By October 8, 2001, you must have a remote fuel shutoff that meets 
Sec. 27.340(f) installed on your vessel.


Sec. 27.235  Is a fire axe required on an existing towing vessel? 
[Reserved]


Sec. 27.240  What are the requirements for a muster list on an existing 
towing vessel? [Reserved]


Sec. 27.245  What are the crew-training requirements for fire 
emergencies on an existing towing vessel?

    By January 19, 2000, you must ensure that drills, instruction and 
safety orientations that satisfy Sec. 27.355 are performed on your 
vessel.

Subpart C--Fire Protection Measures for New Towing Vessels


Sec. 27.300  What are the requirements for a new towing vessel?

    If your new towing vessel operates as described in Sec. 27.100(a), 
then you must ensure that it complies with Secs. 27.305 through 27.355 
of this part.


Sec. 27.305  What are the requirements for a general alarm on a new 
towing vessel?

    (a) You must ensure that your vessel is fitted with a general alarm 
system that:
    (1) Has a contact maker at the operating station that can notify 
persons on board in the event of an emergency.
    (2) Is capable of notifying persons in any accommodation, work 
space, and the engine room.
    (3) In the engine room and any other area where background noise 
makes a general alarm hard to hear, has a supplemental flashing red 
light identified with a sign that reads:

Attention

    General Alarm--When Alarm Sounds or Flashes Go to Your Station.

    (4) Is tested at least once each week.
    (b) You or the operator may use a PA system or other means of 
alerting all persons on your towing vessel instead of a general alarm, 
if--
    (1) The PA system is capable of notifying persons in any 
accommodation or work space or the engine room;
    (2) It is tested at least once each week;
    (3) It can be activated from the operating station; and
    (4) It complies with paragraph (a)(3) of this section.


Sec. 27.310  What are the requirements for fire detection on a new 
towing vessel?

    A fire-detection system must be installed on your vessel to detect 
engine room fires. You must ensure that--
    (a) Detectors, control units, and fire alarms are approved under 46 
CFR subpart 161.002, or are listed by an independent testing 
laboratory;
    (b) The system is installed, tested, and maintained per the 
manufacturer's design manual;
    (c) The system is arranged and installed so a fire in the engine 
room automatically sets off visible and audible alarms on a control 
panel at the operating station;
    (d) The control panel includes--
    (1) A power-available light;
    (2) A visible and audible alarm for each zone;
    (3) A means to silence audible alarms while maintaining indication 
by visible alarm;
    (4) A circuit-fault detector test-switch; and
    (5) Labels for all switches and indicator lights, indicating their 
functions.
    (e) The system is powered from two sources, switchover from the 
primary power source to the secondary source being either manual or 
automatic;
    (f) The system is used for no other purpose; and
    (g) The system is certified by a Registered Professional Engineer, 
or by a recognized classification society (under 46 CFR part 8), to 
meet the criteria listed in paragraphs (a) through (f) of this section.


Sec. 27.315  What are the requirements for internal communication on a 
new towing vessel?

    (a) You must ensure that your vessel has a communication system 
between the engine room and operating station that--
    (1) Is comprised of either fixed or portable equipment, such as a 
sound-powered telephone, portable radios, or other reliable voice 
communication method, with a main or reserve power supply that is 
independent of the electrical system on your towing vessel; and
    (2) Provides two-way calling and voice communication between the 
operating station and either--
    (i) The engine room; or
    (ii) A location immediately adjacent to an exit from the engine 
room.
    (b) Twin-screw vessels with operating station control for both 
engines are not required to have an internal communication system.
    (c) When the operating station control station and the engine room 
access are within 3 meters (10 feet) of each other and allow 
unobstructed visual contact between them, direct voice communication is 
acceptable instead of a communication system.


Sec. 27.320  If a new towing vessel is 24 meters (79 feet) or longer in 
length, what are the requirements for fire pump, fire main, and fire 
hose? [Reserved]


Sec. 27.321  If a new towing vessel is less than 24 meters (79 feet) in 
length, what are the requirements for fire pump and fire hose? 
[Reserved]


Sec. 27.325  If a new towing vessel is 24 meters (79 feet) or longer in 
length, what type of fire-extinguishing equipment must it carry? 
[Reserved]


Sec. 27.326  If a new towing vessel is less than 24 meters (79 feet) in 
length, what type of fire-extinguishing equipment must it carry? 
[Reserved]


Sec. 27.340  What are the requirements for a fuel system on a new 
towing vessel?

    (a) You must ensure that, except for the components of an outboard 
engine or of a portable bilge pump or fire pump, each fuel system 
installed on board the vessel meets the requirements of this section.
    (b) Portable fuel systems. The vessel must not incorporate or carry 
portable fuel systems, including portable tanks and related fuel lines 
and accessories, except when used for outboard engines or when 
permanently attached to portable equipment such as portable bilge or 
fire pumps. The design, construction, and stowage of portable tanks and 
related fuel lines and accessories must meet the requirements of ABYC 
H-25 (incorporated by reference at Sec. 27.102(b)).
    (c) Fuel restrictions. Neither you nor the operator may use fuel 
other than bunker C or diesel, except for outboard engines, or where 
otherwise accepted by the Commandant (G-MSE). An installation that uses 
bunker C must comply with the requirements of subchapter F of this 
chapter.
    (d) Vent pipes for integral fuel tanks. Each integral fuel tank 
must meet the requirements of this paragraph as follows:
    (1) Each fuel tank must have a vent system that connects to the 
highest point of the tank and discharges on a weather deck through a 
bend of 3.14 radians (180 degrees) fitted with a 30-by-30 mesh 
corrosion-resistant flame screen;

[[Page 56269]]

    (2) The net cross-sectional area of the vent pipe for the tank must 
be--
    (i) Not less than 312.3 square millimeters (0.484 square inches), 
or
    (ii) Not less than that of the fill pipe when provision is made to 
fill a tank under pressure.
    (e) Fuel piping. Except as permitted in paragraphs (e)(1) and (2) 
of this section, each fuel line must be seamless and made of steel, 
annealed copper, nickel-copper, or copper-nickel. Each fuel line must 
have a wall thickness of not less than 0.9 millimeters (0.035 inch) 
except that--
    (1) Aluminum piping is acceptable on an aluminum-hull vessel if it 
is installed outside the engine room and is at least Schedule 80 in 
thickness; and
    (2) Nonmetallic flexible hose is acceptable if it--
    (i) Is used in lengths of not more than 0.76 meters (30 inches);
    (ii) Is visible and easily accessible;
    (iii) Does not penetrate a watertight bulkhead;
    (iv) Is fabricated with an inner tube and a cover of synthetic 
rubber or other suitable material reinforced with wire braid; and
    (v) Either--
    (A) If it is designed for use with compression fittings, is fitted 
with suitable, corrosion-resistant, compression fittings, or fittings 
compliant with SAE J1475 (incorporated by reference at Sec. 27.102(b)); 
or
    (B) If it is designed for use with clamps, is installed with two 
clamps at each end of the hose. Clamps must not rely on spring tension 
and must be installed beyond the bead or flare or over the serrations 
of the mating spud, pipe, or hose fitting. Installations complying with 
SAE J1475 are also acceptable.
    (3) Nonmetallic flexible hose is also acceptable if it complies 
with SAE J1942 (incorporated by reference at Sec. 27.102(b)).
    (f) A fuel line subject to internal head pressure from fuel in the 
tank must be fitted with a positive shutoff valve, located at the tank 
and operable from a safe place outside the space in which the valve is 
located.
    (g) A new towing vessel less than 24 meters (79 feet) in length may 
comply with any of the following standards for fuel systems instead of 
the requirements of paragraph (e) of this section:
    (1) ABYC H-33 (incorporated by reference at Sec. 27.102(b)).
    (2) Chapter 5 of NFPA 302 (incorporated by reference at 
Sec. 27.102(b)).
    (3) 33 CFR Chapter I, subchapter S (Boating Safety).


Sec. 27.345  Is a fire axe required on a new towing vessel? [Reserved]


Sec. 27.350  What are the requirements for a muster list on a new 
towing vessel? [Reserved]


Sec. 27.355  What are the requirements for instruction, drills, and 
safety orientations conducted on a new towing vessel?

    (a) Drills and instruction. The master or person in charge of a 
vessel must ensure that each crewmember participates in drills and 
receives instruction at least once each month. The instruction may 
coincide with the drills, but need not. It must ensure that all 
crewmembers are familiar with their fire-fighting duties, and 
specifically, the following contingencies:
    (1) Fighting a fire in the engine room and other locations on board 
the vessel, including how to--
    (i) Operate all of the fire-extinguishing equipment on board the 
vessel;
    (ii) Stop the mechanical ventilation system for the engine room if 
provided, and effectively seal all natural openings to the space to 
prevent leakage of the extinguishing agent; and
    (iii) Operate the fuel shutoff for the engine room.
    (2) Activating the general alarm.
    (3) Reporting inoperative alarm systems and fire-detection systems.
    (4) Putting on a fireman's outfit and a self-contained breathing 
apparatus, if the vessel is so equipped.
    (b) Alternative form of instruction. The master or person in charge 
of a vessel may substitute, for the requirement of instruction in 
paragraph (a) of this section, the viewing of videotapes concerning at 
least the contingencies listed in paragraph (a), followed by a 
discussion led by someone familiar with these contingencies. This 
instruction may occur either on or off the vessel.
    (c) Participation in drills. Drills must take place on board the 
vessel, as if there were an actual emergency. They must include--
    (1) Participation by all crewmembers;
    (2) Breaking out and using emergency equipment;
    (3) Testing of all alarm and detection systems; and
    (4) At least one person putting on protective clothing, if the 
vessel is so equipped.
    (d) Safety orientation. The master or person in charge of a vessel 
must ensure that each crewmember who has not received the instruction 
and has not participated in the drills required by paragraph (a) of 
this section receives a safety orientation before the vessel gets 
underway.
    (e) The safety orientation must cover the specific contingencies 
listed in paragraph (a) of this section.

    Dated: October 4, 1999.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Acting Commandant
[FR Doc. 99-26848 Filed 10-18-99; 8:45 am]
BILLING CODE 4910-15-U