[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19685-19693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9834]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 45

[USCG-1998-4623]
RIN 2115-AF38


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

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a special load line regime for 
certain unmanned dry cargo river barges to be exempted from the normal 
Great Lakes load line assignment while operating on Lake Michigan. 
Depending upon the route, eligible barges may obtain a limited domestic 
service load line assignment or be conditionally exempted from any load 
line assignment at all. This special load line regime will allow non-
hazardous cargoes originating at inland river ports to be directly 
transported as far as Milwaukee and Muskegon by river barge.

DATES: Effective May 23, 2002, except for Secs. 45.181 and 45.183 which 
contain information collection requirements that have not been approved 
by OMB. We will publish a document in the Federal Register announcing 
the effective date of these two sections. Comments and related material 
must reach the Docket Management Facility on or before October 23, 
2002. Comments sent to the Office of Management and Budget (OMB) on 
collection of information must reach OMB on or before October 23, 2002.

ADDRESSES: To make sure that your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-1998-4623), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By 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. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW, Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
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, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Thomas Jordan, Office of Marine Safety and Environmental 
Protection (G-MSE-2), telephone 202-267-2988. If you have questions on 
viewing or submitting material to the docket, call Dorothy Beard, 
Chief, Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage 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-
4623), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. 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 means. If you 
submit them 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

[[Page 19686]]

the comment period. We may change this rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one 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.

Regulatory Information

    On November 2, 1998, we published a notice of proposed rulemaking 
(NPRM) entitled ``Limited Service Domestic Voyage Load Lines for River 
Barges on Lake Michigan'' in the Federal Register (63 FR 58679). On 
December 28, 1998, we published a follow-up notice that extended the 
comment period to March 4, 1999 (63 FR 71411). Altogether, we received 
51 letters in response to the proposed rule. No public hearing was 
requested and none was held.
    On September 21, 1992 (57 FR 43479), a notice was published in the 
Federal Register establishing a limited service domestic load line 
route on western Lake Michigan between Chicago, IL (Calumet Harbor) and 
Milwaukee, WI.
    On March 31, 1995 (60 FR 16693), a notice was published in the 
Federal Register establishing a second route along the east side of 
Lake Michigan between Chicago and St. Joseph, MI. It also imposed a new 
requirement that the lead barge in the tow had to have a raked bow, but 
allowed the initial load line survey of barges which were less than 10 
years old to be conducted afloat.
    On September 28, 1995 (60 FR 50234), a notice was published in the 
Federal Register revoking the raked bow requirement.
    On August 26, 1996 (61 FR 43804), a notice was published in the 
Federal Register extending the St. Joseph route further up the east 
side of Lake Michigan to Muskegon, MI.

Background and Purpose

    Before the establishment of this special load line regime for Lake 
Michigan, barge cargoes originating at inland river ports and destined 
for Lake Michigan ports had to be transferred to a Great Lakes load 
lined vessel at Chicago (Calumet Harbor). This transshipment was 
necessary because the existing load line regulations did not allow 
vessels onto the Great Lakes without a Great Lakes load line, and river 
barges typically do not meet all the requirements for unrestricted 
service on the Great Lakes. The only exception to this has been an 
exemption for certain river barges operating between Chicago and Burns 
Harbor (as specified in 46 CFR 45.171 through 45.177).
    In January 1991, the Port of Milwaukee approached the Coast Guard 
to explore the possibility of establishing a relaxed domestic load line 
that would allow river barges to operate along the western shore of 
Lake Michigan between Chicago and Milwaukee. Later that year, a barge 
company made a similar request for an eastern Lake Michigan route 
between Chicago and Muskegon, MI. The motivation for these route 
requests was economic: river barges offer relatively low costs per ton-
mile to move cargo and can therefore deliver cargoes to the Lake ports 
less expensively.
    The American Bureau of Shipping (ABS), the Coast Guard, and 
industry worked together to determine the appropriate operational 
restrictions and other requirements that would allow river barges to 
safely venture onto Lake Michigan. In 1992, a special limited service 
domestic voyage load line regime was implemented for the Milwaukee 
route. A similar regime was established for the Muskegon route in 1996.
    Initially, 30 barges obtained the special load line and began 
service between Chicago and Milwaukee. From 1993 to 1996, more than 300 
barge trips were made, delivering about 502,000 tons of grain, animal 
feed, steel, machinery, graphite, aggregate, and other materials. 
However, the cost and logistics of managing a relatively small number 
of load lined barges over a large river system worked against the 
economics of this service and, when the original barges were sold in 
1996, the new owner discontinued the Milwaukee service. Over the 
subsequent years, no other barge operators obtained this special load 
line.
    Meanwhile, the Coast Guard had moved ahead with plans to formally 
incorporate the special load line regime into Federal regulations, 
which happened in 1998 when a notice of proposed rulemaking (NPRM) was 
published (63 FR 58679, Nov. 2, 1998). In its response to the NPRM, 
industry argued that the cost of obtaining the special load line was 
still too prohibitive, which discouraged barge operators from entering 
this service. Industry representatives requested that a risk analysis 
be conducted to determine if a load line exemption could be developed 
for the Milwaukee route.

Risk Assessment of the Milwaukee Route

    The risk assessment group was made up of interested parties, 
representing towboat and barge operators, port authorities, the Coast 
Guard, U.S. Maritime Administration (MarAd), and port-related 
businesses (terminal operators, shippers, etc.). The group met twice 
(September 21, 2000 and November 9, 2000) to discuss various issues. 
Additional comments were submitted to the group. These documents have 
been compiled together into a report, ``Risk Assessment for River 
Barges Operating between Chicago, IL and Milwaukee, WI'', dated 
September, 2001, which is available in the docket.
    Because the cost of the ABS-assigned load line was perceived to be 
a major obstacle, the group focused on how that cost could be reduced 
or eliminated in ways such as ``self-certification'' by a barge owner 
(similar to Burns Harbor operators). Several important findings were 
made:
    (1) It is standard practice for the barge building shipyards to 
build all new barges in accordance with ABS River Rules;
    (2) New barges are not likely to seriously deteriorate during the 
first 7 to 10 years in service;
    (3) Marine weather forecasting for the Great Lakes has improved 
since the Milwaukee route was first established in 1992; and
    (4) The viability of Waukegan and Kenosha as ports-of-refuge were 
affirmed by a towboat operator with extensive experience on that route.
    On the basis of these findings, the group recommended that 
relatively new barges (less than 7 or 10 years of age) be exempted from 
the load line requirement.

Discussion of Comments and Changes

    The 51 responses to the NPRM were submitted by 42 commenters (some 
of whom submitted more than one response). Of those commenters, 29 
supported the overall proposal, but 17 were specifically concerned 
about the adverse impact of the proposed regulations on present Burns 
Harbor operations.
    The two major issues discussed by the commenters are as follows:
    High cost of load line assignment: Most commenters on the load line 
requirement alleged that the ABS costs are excessively high, and that 
these costs are the reason why barge service to Milwaukee was 
discontinued in 1996 and has not been re-established. Several 
suggestions were offered on how to lower costs to barge owners: 
regulating

[[Page 19687]]

ABS fees, exempting younger barges, allowing a limited number of 
exempted voyages each year, Coast Guard inspection (on a cost-
reimbursable basis), and ``self- certification'' under Coast Guard 
oversight.
    As a result of a detailed risk review on the Milwaukee route 
(discussed in the Risk Assessment section in this notice), the Coast 
Guard has decided to conditionally exempt barges on that route from 
load line assignment; instead we will accept self-certification by the 
owner or operator. Barges operating on that route must be registered 
with the USCG Marine Safety Office in Chicago (just like those on the 
Burns Harbor route), meet certain design requirements, and cannot be 
more than 10 years old.
    Because such a risk review has not yet been conducted for the St. 
Joseph and Muskegon routes, we are not exempting those routes at this 
time. River barges operating on those routes must still obtain the 
limited service domestic voyage load line assignment from ABS.
    Adverse impact of proposed regulations on the Burns Harbor route: 
Because tows to St. Joseph and Muskegon followed the same route as tows 
to Burns Harbor, the NPRM attempted to consolidate and harmonize the 
requirements for these three routes as much as possible. As a result, 
the Burns Harbor route would become subject to several requirements 
that were not previously required (such as weather restrictions, tow 
size limits, and horsepower requirements). Many commenters familiar 
with the Burns Harbor tow operations stated that these requirements 
would adversely impact the route, particularly the towing limit of 
three barges. They pointed out that tow sizes for Burns Harbor are 
decided on other factors (forecast, loaded/unloaded condition of 
barges, available towboat power, etc.), and typically could be much 
more than three barges. The proposed 3-barge limit would therefore have 
a serious impact, resulting in more voyages and increased fuel and 
labor costs. The commenters stated that Burns Harbor is a short-haul 
route with nearly 30 years of safe operational history, and that there 
is no basis for imposing stricter requirements that are intended for 
the more-exposed long-haul routes.
    The Coast Guard accepts these points. It was not our intent to 
upset well-established practices on the Burns Harbor route; it was 
merely to harmonize requirements as much as possible. Therefore, 
proposed regulations have been revised to preserve the Burns Harbor 
requirements as currently in effect.
    As a result of the comments discussed above, as well as further 
internal review by the Coast Guard, the following changes have been 
made to the regulations as proposed in the NPRM:
    Editorial changes: We have made editorial changes throughout to 
improve clarity, intent, and the plain language writing of the 
regulations.
    Section 45.15 Exemptions: Paragraph (d) has been revised to reflect 
that subpart E provides for load line exemptions for certain routes on 
Lake Michigan. This paragraph was not originally proposed for revision 
in the NPRM. However, it is appropriate to revise it since it 
previously referred only to the Burns Harbor route exemption.
    Section 45.171  Purpose: New paragraph (b) has been inserted 
reiterating that barges on Lake Michigan are required to have a Great 
Lakes load line except as provided in this subpart. This is to ensure 
that operators understand that non-compliant barges (and operators) are 
in violation of load line regulations and thereby subject to penalties.
    Table 45.171  Load Line Requirements for Dry Cargo River Barges 
Operating on Lake Michigan: This table has been revised to reflect 
exemption of the Milwaukee route, and changes to the Burns Harbor 
requirements with respect to weather conditions, tow size limits, and 
horsepower requirements (as discussed elsewhere in this notice).
    Section 45.173  Eligible barges: New paragraphs (b) and (c) have 
been inserted, adding requirements that the barges be designed and 
built according to ABS River Rules, and that their length-to-depth 
ratio must be less than 22. Actually, these are not truly new 
requirements: they have been required in 46 CFR 45.173 since the Burns 
Harbor exemption was established in 1985, and have been reiterated in 
each of the Federal Register notices establishing the Milwaukee, St. 
Joseph, and Muskegon routes. However, due to an editorial oversight, 
they were inadvertently left out of the NPRM and are now being properly 
included. New paragraph (d) has been added to this section, limiting 
the barges on the Milwaukee route to less than 10 years old; this is 
one of the load line exemption conditions for that route.
    Section 45.181  Load line exemption requirements for the Burns 
Harbor and Milwaukee routes: This section has been revised to include 
Milwaukee as a load line-exempted route, and to make it clear that this 
is a conditional exemption. Some of the paragraphs have been titled and 
editorially re-organized. Some new requirements have been added to 
enhance Coast Guard oversight: paragraph (a) now makes it clear that 
barges are to be registered prior to venturing onto Lake Michigan; 
paragraph (b) now includes a requirement that the exempted route (Burns 
Harbor and/or Milwaukee) be identified on the registration; paragraph 
(e) clarifies the conditions under which the registration becomes 
invalid; and paragraph (f) reiterates that the Coast Guard is to be 
notified if a registered barge is withdrawn from exempted service.
    Section 45.185  Tow limitations: Paragraph (b) has been revised to 
make sure that Burns Harbor is not included in the 3-barge limit.
    Section 45.187  Weather limitations: New paragraph (a) has been 
inserted to restore the original ``fair weather only'' limit for the 
Burns Harbor route, and paragraph (b) has been revised to specify the 
Milwaukee, St. Joseph, and Muskegon routes.
    Section 45.191  Pre-departure requirements: Paragraph (d) has been 
revised to include logging of barge freeboards.
    Section 45.193  Towboat power requirements: Paragraph (b) has been 
revised to remove the Burns Harbor route.

Coast Guard Oversight and Concerns

    A major provision in this interim final rule is to conditionally 
exempt the Milwaukee route from load line assignment. It is anticipated 
that this will greatly encourage barge and towboat operators to 
establish service on this route. However, it is not possible to predict 
how many barges will actually become involved, although comments to the 
docket suggest that a vigorous trade volume could develop.
    Accordingly, the Coast Guard will be monitoring activity on this 
route with three particular concerns in mind:
    (1) Industry compliance with the conditions of the load line 
exemption (such as barge registration, pre-departure inspections, 
logbook entries, etc);
    (2) The material condition of the barges. The regulations herein 
are based on the supposition that freshwater barges up to 10 years of 
age are not likely to deteriorate severely enough to render them 
unsuitable for Lake Michigan voyages. However, some comments in the 
risk analysis suggested there be one of the following age limits: not 
more than 5 years old, or not more than 7 years old; and
    (3) The number of tows actually on Lake Michigan at any given time, 
with respect to the capacity of the ports-of-refuge to accommodate them 
should

[[Page 19688]]

weather conditions deteriorate unexpectedly. For the time being, it is 
not expected that this will be a problem and therefore the regulations 
herein do not require any pre-departure notification to the Coast 
Guard. However, successful growth of cargo movements on this route may 
eventually require some program of tow coordination.
    Therefore, the Coast Guard reserves its prerogative to revise these 
regulations if we determine that safety is being seriously compromised.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. It has not been reviewed by the Office of 
Management and Budget under that Order. It is not ``significant'' under 
the regulatory policies and procedures of the Department of 
Transportation (DOT) (44 FR 11040, February 26, l979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    This interim rule is revising existing load line regulations in 46 
CFR 45.15, and 46 CFR 45.171 through 45.177, pertaining to certain dry 
cargo river barges operating on Lake Michigan. Under this rule, 
eligible barges may qualify for either a limited domestic service 
voyage load line (Burns Harbor route, St. Joseph route, and Muskegon 
route), or a conditional load line exemption (Milwaukee route). There 
are no mandatory costs associated with this rule.
    The requirements in this rulemaking are less stringent than the 
requirements for a normal Great Lakes load line, and serve as cheaper 
alternatives for qualified barges. This regulatory action imposes costs 
only on river barge operators who voluntarily decide to obtain the 
particular load lines as alternatives to the normal Great Lakes load 
line. Furthermore, this rule reduces the voluntary cost by 
conditionally exempting barges operating on the Milwaukee route from 
the limited service domestic voyage load line assignment.
    The estimated burden of preparing the submittal for exempting 
barges on the Milwaukee route from load line assignment is minimal and 
discussed further in the ``Collection of Information'' section in this 
preamble. The rule provides qualified barge operators with more 
commercial opportunities to move certain cargoes on Lake Michigan. The 
economic impact of this rule on the local region is expected to be 
beneficial, since these regulations should allow certain cargoes to be 
transported at a lower cost-per-ton-mile than by the overland modes 
presently used. Also, these new provisions offer increased flexibility 
to the river barge operators that choose to operate on the Milwaukee 
route, the conditionally exempted route from the previously required 
limited service domestic voyage load line assignment.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    This interim final rule affects the unmanned dry cargo river barge 
operators who choose to obtain a limited domestic service load line 
assignment or a conditional load line exemption while operating on 
certain routes on Lake Michigan.
    There are no mandatory costs to small entities associated with this 
rule. Furthermore, this rule conditionally exempts qualified barges 
operating on Milwaukee route from the previously proposed limited 
service domestic voyage load line assignment. The estimated burden of 
preparing the submittal to the Coast Guard for exempting barges on the 
Milwaukee route from load line assignment is minimal and discussed 
further under ``Collection of Information'' in this preamble. Companies 
will tend to choose to obtain a limited domestic service load line 
assignment or conditional load line exemptions while operating on Lake 
Michigan only if they expect its costs to be offset by increased 
profits.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule will have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Thomas Jordan, Office of Marine 
Safety and Environmental Protection (G-MSE-2), telephone (202) 267-
2988.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR 
1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    The regulations resulting from this rulemaking are within 46 CFR 
part 45, which pertains to load line regulations for the Great Lakes. 
The OMB control number for 46 CFR part 45 is 2115-0043.
    This rulemaking will modify the population of vessels subject to 
collection of information by creating a business opportunity for 
additional vessels to voluntarily enter this service. The NPRM for this 
rulemaking specifically solicited comments on the collection of 
information burden; however, none of the responses included any 
comments on this subject.

[[Page 19689]]

    The NPRM originally estimated that 12 barges per year would seek 
load line assignment, at a burden of 9.33 hours per vessel (112 hours 
total per year). The regulations herein require a much simpler 
information submittal to the Coast Guard, than that proposed in the 
NPRM. As a result of the estimated burden hour reduction, a larger 
number of barges are likely to enter this service (35 barges, instead 
of the original 12 barges).
    The revised Collection of Information estimate is as follows:
    Title: Plan Approval and Records for Load Lines
    OMB Control Number: 2115-0043.
    Summary of the Collection of Information: This rule contains 
collection of information requirements for 46 CFR 45.181 and 45.183 
(load line regulations for vessels operating on the Great Lakes).
    Need for Information: For the Coast Guard to carry out its load 
line administration responsibilities for vessels operating on the Great 
Lakes.
    Proposed Use of Information: For the Coast Guard to verify a 
barge's compliance/non-compliance with the regulations.
    Description of the Respondents: Owners of dry cargo river barges 
voluntarily seeking to operate on certain Lake Michigan routes; they 
must submit certain information about each barge in order for it to be 
eligible for a limited domestic service load line assignment or a 
conditional exemption from any load line assignment at all.
    Number op Respondents: The existing OMB-approved collection number 
of respondents is 3,410. This rule will increase the number of 
respondents by 35 to a total of 3,445. We estimated that 30 barges will 
apply for a conditional exemption and 5 barges will apply for a limited 
domestic service load line.
    Frequency of Response: The existing OMB-approved collection annual 
number of responses is 20,460. This rule will increase the number of 
responses by 35 to a total of 20,495. The owners of dry cargo river 
barges need to respond only one time per barge for the conditional 
exemption. The initial load line certificate for barges with limited 
domestic service load line is to be issued for a term of 5 years, or 
until the barge reaches 10 years of age, whichever occurs first.
    Burden of Response: The existing OMB-approved collection burden of 
response is 15 minutes (0.25 hours) for existing vessels with load 
lines and 155 minutes (for new vessels with load lines (2.583 hours). 
This rule will increase the burden of response by 120 minutes (2 hours) 
for the load line exemption requirements for the Burns Harbor and 
Milwaukee route and by 35 minutes (0.583 hours) for the load line 
requirements for the St. Joseph and Muskegon routes.
    Estimate of Totel Annual Burden: The existing OMB-approved 
collection total annual burden is 1,916 hours. This rule will increase 
the total annual burden by 63 hours to a total of 1,979 hours.
    (a) Barges operating on the Burns Harbor and Milwaukee routes may 
be conditionally exempted from load line assignment if the owner 
registers the barge (in writing) with the Officer in Charge, Marine 
Inspection (OCMI), U.S. Coast Guard Marine Safety Office. The 
registration may be faxed to the OCMI in advance, with the original 
following by mail. The registration will be kept on file.
    The owners for barges operating on the Burns Harbor and Milwaukee 
routes have to register the barge (in writing) with the OCMI, U.S. 
Coast Guard Marine Safety Office, only once, prior to its first voyage 
onto Lake Michigan. The registration may be faxed to the OCMI in 
advance, with the original following by mail. The registration will be 
kept on file. The registration is valid until the tenth anniversary of 
the delivery date (for Milwaukee route), or the barge no longer is fit 
for this service (due to damage, or the barge changes ownership). The 
burden associated with the renewal of the registration is minimal.
    The Coast Guard estimates approximately 30 river barges per year 
would seek a conditional exemption from any load line assignment at 
all. We, also, estimate about 2 hours per barge to gather required 
information, compile it into a single document and send it to the Coast 
Guard. Under these assumptions, the annual hour burden to the 
respondents is the following: Hour Burden: 60 hours = (2 hours/barge) 
x  (30 barges per year).
    (b) Barges operating on the St. Joseph and Muskegon routes are 
required to have a limited-service, domestic voyage load line 
certificate. The Coast Guard estimates approximately 5 river barges per 
year would seek a limited domestic load line assignment. The initial 
load line certificate is to be issued for a term of 5 years, or until 
the barge reaches 10 years of age, whichever occurs first.
    We assume it takes approximately 30 minutes to complete an initial 
survey application letter.
    Under these assumptions, the annual hour burden to the respondents 
is the following: Hour Burden: 2.5 hours = (0.5 hours/barge)  x  (5 
barges per year).
    Furthermore, drafting the load line certificate is assumed to take 
approximately 5 minutes. Under these assumptions, the annual hour 
burden to respondents is the following: Hour Burden: 0.42 hours = 
(0.0833 hour) times (5 barges times 1 certificate).
    The total hour burden is: 63 hours = 60 hours plus 2.5 hours plus 
0.50 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this rule to the Office of 
Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish a notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. It is well settled that States may 
not regulate in categories reserved for regulation by the Coast Guard. 
It is also well settled, now, that all of the categories covered in 46 
U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, 
repair, maintenance, operation, equipping, personnel qualification, and 
manning of vessels), as well as the reporting of casualties and any 
other category in which Congress intended the Coast Guard to be the 
sole source of a vessel's obligations, are within the field foreclosed 
from regulation by the States. (See the decision of the Supreme Court 
in the consolidated cases of United States v. Locke and Intertanko v. 
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).)

[[Page 19690]]

    This rulemaking concerns load line assignments for vessels under 
U.S. jurisdiction. This is a category in which Congress intended the 
Coast Guard to be the sole source of a vessel's obligations. Because 
the States may not regulate within this category, preemption under 
Executive Order 13132 is not an issue.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, the 
effects of this rule are discussed elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraphs (34)(d) and (e), of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. Exclusion under paragraph 
(34)(d) applies because this rule pertains to regulations concerning 
inspection of vessels (i.e., load line requirements). Exclusion under 
paragraph (34)(e) applies because this rule pertains to regulations 
concerning carriage requirements (i.e., cargoes are limited to dry, 
non-hazardous materials). Therefore, this action will not result in 
substantial change to existing environmental conditions. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 45

    Great Lakes, Reporting and recordkeeping requirements, Vessels.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR part 45 as follows:

PART 45--GREAT LAKES LOAD LINES

    1. The authority citation for part 45 is revised to read as 
follows:

    Authority: 46 U.S.C. 5104, 5108; 49 CFR 1.46.

    2. In Sec. 45.15, revise paragraph (d) to read as follows:


Sec. 45.15  Exemptions.

* * * * *
    (d) Unmanned dry cargo river barges carrying non-hazardous cargoes 
on certain routes on Lake Michigan may be exempted from load line 
requirements in accordance with the conditions specified in subpart E 
of this part.

    3. Revise subpart E to read as follows:
Subpart E--Unmanned River Barges on Lake Michigan Routes
Sec.
45.171   Purpose.
45.173   Eligible barges.
45.175   Applicable routes.
45.177   Freeboard requirements.
45.179   Cargo limitations.
45.181   Load line exemption requirements for the Burns Harbor and 
Milwaukee routes.
45.183   Load line requirements for the St. Joseph and Muskegon 
routes.
45.185   Tow limitations.
45.187   Weather limitations.
45.191   Pre-departure requirements.
45.193   Towboat power requirements.
45.195   Additional equipment requirements for the Muskegon route.
45.197   Operational plan requirements for the Muskegon route.

Subpart E--Unmanned River Barges on Lake Michigan Routes


Sec. 45.171  Purpose.

    (a) This subpart establishes a special load line regime under which 
certain unmanned, river-service, dry-cargo barges may be exempted from 
the normal Great Lakes load line requirements while operating on 
certain Lake Michigan routes. Depending upon the route, the barge may 
only need a limited service domestic voyage load line, or may be 
conditionally exempted from load line assignment.
    (b) Except as provided in this subpart, barges operating on Lake 
Michigan must have either an international load line assignment issued 
in accordance with the International Convention on Load Lines, 1966, as 
amended, or a Great Lakes load line assignment issued in accordance 
with the requirements of this part.
    (c) The requirements of this subpart are summarized in Table 
45.171:

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[[Page 19691]]

[GRAPHIC] [TIFF OMITTED] TR23AP02.007

BILLING CODE 4910-15-C

[[Page 19692]]

Sec. 45.173  Eligible barges.

    Only barges meeting the following requirements are eligible for the 
special load line regime under this subpart:
    (a) Unmanned, river service, dry-cargo barges;
    (b) Barges that have been designed and built to at least the 
minimum scantlings of the American Bureau of Shipping River Rules which 
were in effect at the time of construction;
    (c) Barges with a length-to-depth ratio less than 22; and
    (d) Barges on the Milwaukee route must not be more than 10 years 
old.


Sec. 45.175  Applicable routes.

    This subpart applies to the following routes on Lake Michigan, 
between Chicago (Calumet Harbor), IL, and--
    (a) Milwaukee, WI (the ``Milwaukee route'');
    (b) Burns Harbor, IN (the ``Burns Harbor route'');
    (c) St. Joseph, MI (the ``St. Joseph route''); and
    (d) Muskegon, MI (the ``Muskegon route'').


Sec. 45.177  Freeboard requirements.

    (a) All barges must have a minimum freeboard of 24 inches (610 mm).
    (b) Additionally, open hopper barges must have a combined freeboard 
plus cargo box coaming height of at least 54 inches (1,372 mm).


Sec. 45.179  Cargo limitations.

    (a) Only dry cargoes may be carried. Liquid cargoes, even in drums 
or tank containers, may not be carried.
    (b) Hazardous materials, as defined in part 148 of this chapter and 
49 CFR chapter 1, subchapter C, may not be carried.


Sec. 45.181  Load line exemption requirements for the Burns Harbor and 
Milwaukee routes.

    Barges operating on the Burns Harbor and Milwaukee routes may be 
conditionally exempted from load line assignment provided that the 
following requirements are met:
    (a) Registration. Before the barge's first voyage onto Lake 
Michigan, the owner or operator must register the barge (in writing) 
with the Officer in Charge, Marine Inspection (OCMI), U.S. Coast Guard 
Marine Safety Office, 215 W. 83rd St--Suite D, Burr Ridge, IL, 60521. 
The registration may be faxed to the OCMI in advance (at (630) 986-
2120), with the original following by mail. The registration may be in 
any form, but must be signed by the owner or operator. No load line 
exemption certificate will be returned. However, the registration will 
be kept on file.
    (b) The registration must include the following information:
    (1) Barge name and official number (or other identification 
number);
    (2) Owner and operator (points-of-contact, company addresses and 
telephone numbers);
    (3) Service route (Milwaukee and/or Burns Harbor);
    (4) Design type (covered/uncovered hopper, deck, etc.);
    (5) External dimensions;
    (6) Types of cargo; and
    (7) Place built and original delivery date.
    (c) The registration must include a statement certifying that:
    (1) The barge has been designed and built to at least the minimum 
scantlings of the ABS River Rules which were in effect at the time of 
construction; and
    (2) The owner or operator agrees to maintain the barge in 
serviceable condition and comply with the applicable provisions of 46 
CFR part 45, subpart E.
    (d) Expiration. Registration is valid only until the earliest of 
the following events:
    (1) The tenth anniversary of the delivery date (for barges on the 
Milwaukee route),
    (2) The barge no longer is fit for this service (due to damage), or
    (3) The barge changes ownership or operators (registration is not 
transferable to new owners or operators; the barge must be re-
registered if it is to continue in Lake Michigan service).
    (e) Notification. The owner or operator of an exempted barge must 
notify the OCMI of the transfer of ownership or change of operator, 
withdrawal from Lake Michigan service (due to damage, age, or other 
circumstances), or other disposition of the barge.


Sec. 45.183  Load line requirements for the St. Joseph and Muskegon 
routes.

    (a) Load line certificate. (1) The load line issued under this 
subpart must be a limited-service, domestic-voyage load line.
    (2) Except as provided under paragraph (b)(2)(vi) of this section, 
the term of the certificate is five years.
    (3) The load line certificate is valid for the St. Joseph and 
Muskegon routes, and intermediate ports. However, operators must comply 
with the route-specific requirements on the certificate.
    (4) The freeboard assignment, operational limitations, and towboat 
requirements of this subpart must appear on the certificate.
    (b) Conditions of assignment. (1) An initial load line survey under 
Sec. 42.09-25 of this chapter and subsequent annual surveys under 
Sec. 42.09-40 of this chapter are required.
    (2) At the request of the barge owner, the initial load line survey 
may be conducted with the barge afloat if the following conditions are 
met:
    (i) The barge is less than 10 years old;
    (ii) The draft during the survey does not exceed 15 inches (380 
millimeters);
    (iii) The barge is empty and thoroughly cleaned of all debris, 
excessive rust, scale, mud, and water. All internal structure must be 
accessible for inspection;
    (iv) Gaugings are taken to the extent necessary to verify that the 
scantlings are in accordance with approved drawings;
    (v) The hull plating (bottom and sides) and stiffeners below the 
light waterline are closely examined internally. If the surveyor 
determines that sufficient cause exists, the surveyor may require that 
the barge be drydocked or hauled out and further external examination 
conducted; and
    (vi) The initial load line certificate is to be issued for a term 
of 5 years or until the barge reaches 10 years of age, whichever occurs 
first. Once this certificate expires, the barge must be drydocked or 
hauled out and be fully examined internally and externally.


Sec. 45.185  Tow limitations.

    (a) Barges must not be manned.
    (b) No more than three barges per tow on the Milwaukee, St. Joseph, 
and Muskegon routes.
    (c) Barges must not be more than 5 nautical miles from shore.


Sec. 45.187  Weather limitations.

    (a) Tows on the Burns Harbor route must operate during fair weather 
conditions only.
    (b) The weather limits (ice conditions, wave height, and sustained 
winds) for the Milwaukee, St. Joseph, and Muskegon routes are specified 
in Sec. 45.171, table 45.171.
    (c) If weather conditions are expected to exceed these limits at 
any time during the voyage, the tow must not leave harbor or, if 
already underway, must proceed to the nearest appropriate harbor of 
safe refuge.


Sec. 45.191  Pre-departure requirements.

    Before beginning each voyage, the towing vessel master must conduct 
the following:
    (a) Weather forecast. Determine the marine weather forecast along 
the planned route, and contact the dock operator at the destination 
port to get an update on local weather conditions.
    (b) Inspection. Inspect each barge of the tow to ensure that they 
meet the following requirements:

[[Page 19693]]

    (1) A valid load line certificate, if required, is on board;
    (2) The barge is not loaded deeper than permitted;
    (3) The deck and side shell plating are free of visible holes, 
fractures, or serious indentations, as well as damage that would be 
considered in excess of normal wear;
    (4) The cargo box side and end coamings are watertight;
    (5) All manholes are covered and secured watertight;
    (6) All voids are free of excess water; and
    (7) Precautions have been taken to prevent shifting of cargo.
    (c) Verifications. On voyages north of St. Joseph, the towing 
vessel master must contact a mooring/docking facility in St. Joseph, 
Holland, Grand Haven, and Muskegon to verify that sufficient space is 
available to accommodate the tow. The tow cannot venture onto Lake 
Michigan without confirmed space available.
    (d) Log entries. Before getting underway, the towing vessel master 
must note in the logbook that the pre-departure barge inspections, 
verification of mooring/docking space availability, and weather 
forecast checks were performed, and record the freeboards of each 
barge.


Sec. 45.193  Towboat power requirements.

    The towing vessel must meet the following requirements:
    (a) General. The towing vessel must have adequate horsepower to 
handle the tow, but not less than the amount specified for the routes 
below.
    (b) Milwaukee and St. Joseph routes: a minimum of 1,000 HP.
    (c) Muskegon route: a minimum of 1,500 HP.


Sec. 45.195  Additional equipment requirements for the Muskegon route.

    Towboats on the Muskegon route must meet these additional equipment 
requirements:
    (a) Communication equipment. Two independent voice communication 
systems in operable condition, such as Very High Frequency (VHF) radio, 
radiotelephone, or cellular phone. At least two persons aboard the 
vessel must be capable of using the communication systems.
    (b) Cutting gear. Equipment that can quickly cut the towline at the 
towing vessel. The cutting gear must be in operable condition and 
appropriate for the type of towline being used, such as wire, 
polypropylene, or nylon. At least two persons aboard the vessel must be 
capable of using the cutting gear.


Sec. 45.197  Operational plan requirements for the Muskegon route.

    Towing vessels on the Muskegon route must have aboard an 
operational plan that is available for ready reference by the master. 
The plan must include the following:
    (a) The cargo limitations, the general operational requirements, 
and the special operational requirements of this subpart.
    (b) A list of mooring and docking facilities (with phone numbers) 
in St. Joseph, Holland, Grand Haven, and Muskegon, that can accommodate 
the tow.
    (c) A list of towing firms (with phone numbers) that have the 
capability to render assistance to the tow, if required.
    (d) Guidelines for possible emergency situations, such as barge 
handling under adverse weather conditions, and other emergency 
procedures.

    Dated: April 12, 2002.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 02-9834 Filed 4-22-02; 8:45 am]
BILLING CODE 4910-15-U