[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Rules and Regulations]
[Pages 22604-22614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10421]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 164

46 CFR Parts 25 and 27

[USCG-2000-6931]
RIN 1625-AA60 [Formerly RIN 2115-AF53]


Fire-Suppression Systems and Voyage Planning for Towing Vessels

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: Based on public involvement and comments, this interim rule 
modifies and implements both the requirements for the installation of 
fire-suppression systems in the engine rooms of towing vessels and the 
requirements for voyage planning proposed together in the Federal 
Register on November 8, 2000. As modified, this rule aims at reducing 
the number of uncontrolled engine-room fires and other mishaps on 
towing vessels. It should save lives, reduce property damage, and 
reduce the

[[Page 22605]]

associated threats to maritime commerce and the environment.

DATES: This interim rule is effective August 27, 2003.
    The incorporation by reference of certain publications in this rule 
is approved by the Director of the Federal Register as of August 27, 
2003. Comments and related material must reach the Docket Management 
Facility on or before July 28, 2003.

ADDRESSES: To make sure that your comments and related material do not 
enter the docket more than once, please submit them (referred to USCG-
2000-6931) by only one of the following means:
    (1) By mail to the Docket Management Facility, 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.
    The Docket Management Facility maintains the public docket for this 
notice. Comments and material received from the public, as well as 
documents mentioned in this notice 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 Randall Eberly, P.E., Project Manager, at 202-267-1861. 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 this rulemaking by docket number (USCG-2000-
6931), 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, 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 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 them.

Public Meeting

    We do not now 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.

Background and Purpose

    In 1996, as a result of the tugboat SCANDIA's catching fire and 
causing the spillage of about 850,000 gallons of oil from the barge 
NORTH CAPE, which it was towing, Congress amended (in Pub. L. 104-324) 
section 902 of the Coast Guard Authorization Act (codified as 46 U.S.C. 
3719) to direct the Secretary of Transportation to prescribe rules for 
fire-suppression equipment on towing vessels (See Statutory Mandate for 
a statement of current authority). Subsequently, on October 6, 1997, we 
published a notice of proposed rulemaking (NPRM) in the Federal 
Register entitled ``Towing Vessel Safety'' (62 FR 52057). The NPRM 
proposed fire-suppression measures on towing vessels, but did not make 
the installation of fixed fire-suppression systems mandatory on 
existing vessels, because their engine rooms were typically not 
designed as enclosed spaces. Instead, it proposed a combination of 
fire-detection systems, semi-portable fire extinguishers, training of 
crews, and fixed or portable fire pumps. It also solicited public 
comments on principles of voyage planning for the development of a 
future Navigation and Vessel Inspection Circular (NVIC).
    A number of comments submitted in response to the NPRM criticized 
the proposed fire-safety measures, saying they failed to meet the 
intent of the Authorization Act because they did not entail total-
flooding fixed fire-suppression systems on all vessels, or, at least, 
not on all towing vessels used to transport oil and other hazardous 
substances. Many of the comments also held our logic of proposing 
alternative measures on existing vessels flawed, because there are 
specially designed fixed fire-suppression systems available for engine 
rooms that are not enclosed. Some of them also maintained that the 
proposed measures were inadequate because they did not consider 
vessels' characteristics, their methods of operation, or their nature 
of service, nor did they differentiate between ocean-going tugboats and 
inland towboats. Yet another group of comments disputed entirely the 
need for supplemental fire-suppression equipment, citing the 
established safety record of the towing industry, and pointing out that 
the SCANDIA incident was an isolated occurrence.
    While most of the comments disagreed with our proposals for fire-
suppression equipment, most agreed with our proposals for added safety 
measures, such as communication systems and fire-detection systems. We 
therefore divided the fire-protection issues into two separate 
rulemakings. The non-controversial requirements we addressed in an 
interim rule entitled: ``Fire Protection Measures for Towing Vessels'' 
(USCG-1998-4445), which was published on October 19, 1999 (64 FR 
56257). That rule implemented requirements for general-alarm systems, 
internal-communication systems, fire-detection systems, remote fuel-
shut-off valves, and monthly drills on all non-exempt towing vessels. 
Those requirements ultimately appeared in a final rule on August 28, 
2000 (65 FR 52043). That rule involved some minor changes based on 
comments received on the docket, but did not address requirements for 
fire-suppression systems, either manual or fixed.
    We began a separate rulemaking to address the controversial 
requirements for fire-suppression systems. On November 8, 2000, we 
published a supplemental notice of proposed rulemaking (SNPRM) 
entitled: ``Fire-Suppression Systems and Voyage Planning for Towing 
Vessels'' (USCG-2000-6931) (65 FR 66941). The SNPRM included voyage 
planning in response to public comments made on the docket for the 
prior proposal. We received cogent comments doubting whether voyage 
planning was amenable to treatment in a NVIC. We therefore proposed 
rules that would require completion of a voyage-planning analysis 
before each trip.
    As announced in a notice of meeting (65 FR 82030) on February 8, 
2001, a

[[Page 22606]]

public meeting occurred during the comment period in Washington, DC. At 
the meeting, the Chairman of the Towing Safety Advisory Committee 
(TSAC) advised us that the comment period was scheduled to close before 
the regularly scheduled meeting of the TSAC on March 14-15, 2001, and 
that, consequently, we would not have the benefit of the members' 
input. So we published a notice (66 FR 11241) extending the comment 
period until May 8, 2001, to allow the members more time for comments. 
During the extended comment period, we received requests from several 
operators of towing vessels on the Western Rivers to hold another 
public meeting, at a place convenient to the inland waterways. We 
honored this request by, again, publishing a notice (66 FR 36224) 
extending the comment period, and announcing that we would hold a 
second meeting, in Huntington, West Virginia, on August 15, 2001.
    This interim rule changes the requirements proposed in the SNPRM in 
response to the comments received, both on the docket and at the two 
public meetings.

Statutory Mandate

    As we stated in the SNPRM, section 902 of the Authorization Act of 
1996 directs that the Coast Guard consider requiring the installation, 
maintenance, and use of fire-suppression systems or other such measures 
on towing vessels. It further directs that the Coast Guard develop 
rules for the installation ``of a fire-suppression system or other 
measures to provide adequate assurance that a fire on board a towing 
vessel, that is towing a non-self-propelled tank vessel, can be 
suppressed under reasonably foreseeable circumstances.''
    On March 1, 2003, by authority of subsection 103(c) of the 
Homeland-Security Act of 2002 (Pub. L. 107-296), the Coast Guard 
shifted from the Department of Transportation to the Department of 
Homeland Security. The Secretary of Homeland Security supports this 
rulemaking as an important initiative.

Discussion of Interim Rule

This Rule Would Apply to Most Towing Vessels

    Like the SNPRM, this interim rule prescribes that most towing 
vessels must--
    [sbull] Be fitted with fire-suppression equipment in their engine 
rooms; and
    [sbull] Not proceed on a trip or voyage before completing a plan 
for the trip or voyage.
    Unlike the SNPRM, however, this rule prescribes separate 
requirements for (1) vessels in inland service and (2) those in ocean 
or coastal service.
    Any towing vessel that engages only in assistance towing, emergency 
or pollution responses, fleeting duties in a limited geographical area, 
or service on a certain limited route (specified here), is exempt from 
the measures in this interim rule. The rule offers new definitions for 
these terms to help the public better understand which vessels are 
exempt. It applies to all other towing vessels (unless exempted by the 
Captain of the Port), not just those over a certain length or those 
that tow non-self-propelled tank vessels. Owners that need to install 
fire-suppression equipment on their towing vessels will have until two 
years after the effective date of this rule to comply.

Requirement for a Fixed Fire-Suppression System; Why We Now Consider 
Manual Fire-Fighting Equipment Adequate for Vessels in Inland Service

    In the NPRM of 1997, we proposed for existing vessels a combination 
of manual fire-fighting measures instead of fixed fire-suppression 
systems. We were concerned that gaseous fire-suppression systems would 
not be effective on existing vessels because those vessels' engine 
rooms typically have windows, doors, and other openings that could 
allow leakage of the fire-suppression agent. Fixed total-flooding fire-
suppression systems cannot extinguish a fire, unless an adequate 
concentration of an agent enters the fire area and stays for a minimum 
``soak time.'' We were also concerned that the agent might leak into 
occupied areas, threatening the health of the crewmembers. Carbon 
dioxide was the only agent for fixed systems approved and available 
when we published the NPRM. Carbon dioxide is not intended for use in 
occupied areas, and areas protected by it must be evacuated before it 
is discharged. If inadvertently released, it could cause serious injury 
or death to exposed personnel.
    Between the publication of the NPRM and the preparation of the 
SNPRM, we approved three new agents for fixed fire-suppression systems 
that are not harmful to people or the environment, if inadvertently 
released. Because these new agents were available, we decided that 
fighting fires with manual equipment would pose unnecessary risk to the 
crew and yet be less effective than using fixed fire-suppression 
systems. Consequently, the SNPRM reversed our original proposal (that 
in the NPRM) and instead would have required all non-exempt vessels to 
install such systems, with the option of using several different agents 
that did not carry the level of risk associated with carbon dioxide. We 
felt that this would allow operators of towing vessels the option of 
selecting some type of fixed fire-suppression system that would be 
effective on their vessels regardless of the configuration of the 
engine room.
    The public response to our new proposal, in the SNPRM, was 
overwhelmingly negative. Most of the comments opposed requiring fixed 
fire-suppression systems on towing vessels in inland service, and 
suggested reverting to the manual fire-fighting measures proposed in 
the NPRM of 1997, or suggested a similar level of protection. The 
reasons for this strong opposition are best summarized by the TSAC:
    [sbull] Fixed fire-suppression systems would not be effective in 
existing towing vessels, because the engine rooms are not airtight.
    [sbull] Existing vessels' engine rooms cannot be made airtight 
without structural modifications that would typically cost more than 
the fixed systems themselves. Therefore, if such a system is to be 
installed, it must be designed to compensate for the unsealed openings; 
this would require a major increase in the quantity of extinguishing 
agent.
    [sbull] Existing towing vessels lack sufficient space for banks of 
extinguishing-agent cylinders, considering the amount of agent that 
would likely be needed to compensate for unsealed openings.
    [sbull] The Authorization Act of 1996 does not direct the Coast 
Guard to require only fixed systems. It allows the Coast Guard to 
require ``a fire suppression system or other measures to provide 
adequate assurance that fires onboard towing vessels can be suppressed 
under reasonably foreseeable circumstances.'' (Emphasis added) The 
SNPRM does not consider other measures.
    [sbull] The SNPRM underestimates the true costs to install fixed 
systems on all vessels and does not demonstrate that the limited 
benefits in prospect would outweigh the substantial costs of 
implementing the rule.
    [sbull] The Coast Guard's own data on casualties do not support a 
need for fixed systems. Of the 105 engine-room fires reported, over 80 
percent were extinguished by the crew using portable extinguishers or 
fire hoses, with only 7 injuries. About 60 percent of the fires 
resulted in damages assessed at $10,000 or less, and less than 5 
percent of them resulted in pollution.
    [sbull] A fixed system would not have prevented the spill from the 
barge NORTH CAPE. In fact, it would have

[[Page 22607]]

stopped the SCANDIA's engines and meant a long time for the crew to re-
introduce fresh air into the engine room and then make the necessary 
repairs to restart the engines. During this time without propulsion or 
steering, the grounding would still have occurred.
    [sbull] Towing vessels on the inland rivers must rely on their 
engines and steering systems to navigate in narrow channels and near 
locks and dams, in strong currents. If a failure of propulsion or 
steering occurs, there is little time to prevent a vessel from going 
aground or striking another vessel or a fixed structure. A requirement 
of fixed systems, along with engine shutdown, instead of enhanced 
manual equipment, would increase overall risk to safety.
    The public also challenged our views that manual fire-fighting 
posed an unacceptable risk to the crew, and that equipment for it was 
ineffective for controlling engine-room fires. The TSAC performed an 
independent analysis of our data on casualties, which showed, as we 
noted, that over 80 percent of the reported fires on inland vessels had 
been extinguished by the crewmembers with only 7 reported injuries. 
Further investigation revealed that most of the 7 injuries were due to 
broken lines' spraying fuel or to other conditions in the engine room 
and were not attributable to fire-fighting efforts. Further supporting 
this argument, many comments agreed that the typical practice on inland 
towing vessels, in response to a fire, is to attempt first-aid fire-
fighting using portable extinguishers or fire hoses. If this fails to 
contain the fire, the crew can readily and safely abandon ship to the 
tow or the riverbank. Accordingly, the comments argue that we should 
require only portable extinguishers or fire hoses because the situation 
on inland vessels is not the same as that on vessels operating in open 
water, where wind and sea can make conditions perilous.
    While we agree that it may be possible to abandon ship to the tow 
or the riverbank in some cases, one cannot assume that one can safely 
make it to the riverbank (or the tow) in all emergency circumstances. 
However, after considering all of the comments along with the fire-
related casualty statistics available for towing vessels, we have 
decided to adopt the fire-fighting philosophy of our original proposal, 
by accepting manual fire-fighting equipment as an alternative to fixed 
fire-suppression systems on towing vessels operating exclusively on 
inland waters. However, we will still require the installation of fixed 
fire-suppression systems in the engine rooms of towing vessels whose 
construction is contracted for on or after August 27, 2003 and that 
will operate in ocean or coastal waters.

How Does This Rule Differ From the NPRM of 1997?

    The NPRM of 1997 proposed different kinds of manual fire-fighting 
equipment, varying with the overall lengths of the towing vessels. 
Larger vessels would have had to carry equipment meeting a higher 
standard. Vessels of less than 24 m (79 feet) in length would have had 
to carry limited-capacity portable fire pumps with fire hoses 16 mm 
(\5/8\ inch) in diameter and B-III semi-portable fire extinguishers. 
Larger vessels, of 24 m (79 feet) in length or longer, again, would 
have had to carry fixed fire pumps with capacity of 300 liters per 
minute (lpm or 80 gpm) and fire mains with fire hoses 40 mm (1\1/2\ 
inch) in diameter, and B-V semi-portable fire extinguishers.
    This interim rule does not require different types or amounts of 
fire-suppression equipment, varying with the lengths of the vessels. 
Instead, it requires a minimum fire-suppression capability, which 
follows from the requirements in the NPRM for all non-exempt vessels 
greater than 24 m (79 feet). The fire pump may be either fixed or 
portable, but a minimum capacity of 300 lpm (80 gpm) must be available 
in either case. Also, the smallest fire hose in any case must be at 
least 40 mm (1\1/2\ inch) in diameter. For a portable pump, the way of 
checking discharge pressure is by using a pressure gage at the pump 
outlet. Vessels that use portable pumps will not have fire-main piping 
connected to them, so the rule does not require the use of a pitot tube 
at the nozzle to check for excessive friction loss in the system. The 
rule does require, for any non-exempt vessel, a B-V semi-portable fire 
extinguisher to further ensure adequate fire-fighting capability.
    With respect to voyage planning, the most significant difference 
between the proposal in the SNPRM and the requirements in this interim 
rule is the applicability. In the SNPRM, we proposed voyage planning 
for all towing vessels. While we maintain that all these vessels should 
do voyage planning, we will now require it only for those operating in 
unprotected waters, beyond the baseline of the territorial sea.
    Because pivotal dates indicated in the SNPRM have passed, we no 
longer refer to towing vessels as ``new'' or ``existing.'' Where it 
does remain necessary for us to distinguish by age, so that we do not 
add to the requirements for vessels beyond those proposed in the SNPRM, 
we have simply stated the date (cutoff or appropriate) that determines 
applicability of a particular requirement. Of course, the elimination 
of the distinction between ``new'' and ``existing'' also entailed the 
elimination of the need for treating them in separate sections of the 
rules; to do so now would create a number of duplicate sections in the 
rules. Consequently, we have removed sections that would have been 
duplicate.

Discussion of Comments and Changes

    The docket received a total of 67 letters containing 223 comments 
on the SNPRM. Of the comments, 144 dealt with fire suppression while 56 
dealt with voyage planning. We also received comments in the form of 
remarks at the public meetings held in Washington, DC (on February 8, 
2001), and in Huntington, West Virginia (on August 15, 2001). The 
spoken comments at the public meetings are consistent with, and, in 
many cases, duplicates of, the written comments to the docket. Those at 
Huntington criticized the proposed rulemaking. More importantly, 
however, they offered reasonable alternatives, many of which we have 
incorporated within this interim rule. The audiotapes of the two 
meetings are available for listening at Coast Guard Headquarters (G-
LRA) in Washington, DC. The following paragraphs contain summaries of 
the comments (and explanations of any changes made by this rule to the 
SNPRM) under the category-headings that follow:

Requirement for a Fixed Fire-Extinguishing System

    A few comments did support our proposal to require fixed fire-
extinguishing systems for the protection of towing vessels' engine 
rooms. Yet most opposed it. These offered a variety of reasons against 
it. The following paragraphs summarize the reasons and provide the 
Coast Guard's view on each issue. We also note the extent to which we 
accepted each comment in the preparation of this interim rule.
    Many comments expressed concern over the potential hazards to 
personnel if carbon dioxide were used as the extinguishing agent. They 
noted that the concentration of carbon dioxide needed to extinguish 
fires is above the level safe for personnel. The Coast Guard does not 
agree that the use of carbon dioxide, in this application, poses an 
unacceptable risk. Approved carbon-dioxide systems must be fitted with 
pre-discharge alarms and devices that delay the discharge until 
personnel have been alerted to vacate the space. This interim rule has

[[Page 22608]]

not changed in response to those comments.
    A number of comments expressed concern about the lack of available 
space to house equipment for fixed fire-extinguishing systems on 
existing vessels. The Coast Guard agrees that this view may have merit 
due to the many possible towing-vessel designs, and has dealt with it 
in the changes that exempt from the requirement of fixed systems all 
inland towing vessels, and allowed a semi-portable (fire-extinguishing 
equipment) alternative on towing vessels in ocean or coastal service 
whose construction was contracted for before August 27, 2003.
    Other comments stated that existing engine rooms are typically not 
airtight, and that doors and windows must be open during warm summer 
months to ventilate them. They surmise that these features would not 
allow the effective use of total-flooding gaseous fire-extinguishing 
agents. The Coast Guard disagrees that engine rooms must be completely 
airtight for the effective use of such agents. Larger amounts of agent 
can compensate for unsealed openings. Still, as we previously 
acknowledged, many existing towboats have limited space available for 
fixed systems. If larger amounts of agent became necessary to 
compensate for unsealed openings, the lack of space could preclude the 
use of such systems. This criticism counted in the preparation of this 
interim rule.
    Several comments noted that the discharge of a fixed fire-
extinguishing system would cause a vessel's engines to shut down, 
thereby creating a navigational hazard. The Coast Guard recognizes that 
automatically discharged carbon dioxide (and some other agents) from 
fixed systems may starve main engines of oxygen, but typical manually-
discharged fixed-systems give the operator discretion to determine 
whether potential navigational hazards represent greater immediate 
risks than fires in main-engine rooms. The Coast Guard agrees that a 
vessel's engines may shut down if the air intakes are located inside 
the engine room, unless the intakes draw air from outside the engine 
room. Modifications to provide external intakes would require 
structural changes that might not be feasible, in some cases, again 
because of the limited space available on some existing towboats. This 
argument is among the reasons that led this interim rule to allow 
(semi-portable and) portable equipment as an alternative on existing 
vessels.

Need for the Rule

    Many comments argued that the analysis of casualties presented in 
the SNPRM did not demonstrate a sufficient risk of fire to warrant 
fixed fire-extinguishing systems. In the years 1992-1996, there were 
only 105 reported engine-room fires, with only 7 injuries and no 
fatalities. In those years, moreover, 80 percent of the reported fires 
were extinguished without the use of fixed systems. It is reasonable to 
expect that the incidence and consequences of future casualties would 
generally follow this trend. This has influenced our decision to revert 
to the use of semi-portable and portable fire-fighting equipment on 
certain categories of towing vessels.

Economic Analysis

    Many comments disagreed with our economic analysis, of the costs 
and benefits associated with this rulemaking. Several suggested that 
the costs we listed in the SNPRM were 20 to 30 percent lower than would 
be necessary to retrofit a fixed fire-extinguishing system into an 
existing engine-room. We do not fully agree with these. The cost 
estimates that we used, for the system hardware and installation, came 
from actual quotes provided by marine fire-protection equipment 
distributors. These costs were confirmed through several sources. The 
unknown factor in them, however, is the extent of modifications 
necessary on existing towboats. In some cases, only minimal 
modifications would be necessary to ensure that the systems would 
function properly. In other cases (for adequate closure of spaces), 
steel bulkheads, ductwork, self-closing doors, and similar measures 
might be necessary. The domestic fleet of towboats consists of several 
thousand boats of different designs and configurations that may entail 
a variety of modifications to satisfy the rule. Because of this 
variety, it is only possible to estimate the costs on a generic basis. 
We agree that, in some cases, the costs could be significant and have 
considered this as a factor in our re-evaluation of the rulemaking.

Applicability

    A number of comments questioned the clarity of the exemptions 
listed in Sec.  27.100. In the SNPRM, we proposed that vessels used in 
limited geographic areas, as for fleeting duties, would receive 
appropriate exemptions. But the comments pointed out that, as written, 
these exemptions would reach most inland towboats. They argued that 
these boats typically operate within limited geographic areas on given 
rivers, and would, therefore, qualify for the exemptions. These areas 
were not what we intended. The ``limited geographic areas'' that we 
intended were very narrow--for example, within the same harbor or 
within the company's fleeting yard. In response to these comments, we 
have defined more precisely, in Sec.  27.101, on what ``limited 
geographic areas'' exemptions will apply.

Use of Gasoline-Powered Pumps

    A number of comments expressed concerns that the SNPRM would 
prohibit the use of gasoline-powered pumps onboard towboats. It would 
not. The only restrictions on fuel contemplated are those in Sec.  
27.211(b), which apply only to vessels whose construction was 
contracted for on or after January 18, 2000. This interim rule allows 
the use of gasoline-powered pumps with integrally mounted fuel tanks.

General Comments Concerning Fire-Suppression Requirements

    One comment urged the Coast Guard to consider requirements for 
enhanced staffing levels and for limits on crews' fatigue in light of 
their causal relationship to marine accidents, instead of requirements 
for hardware such as fixed fire-extinguishing systems. Crews' fatigue 
is a separate issue and is not the subject of this rulemaking.
    Many comments expressed frustration that the Coast Guard did not 
recognize industry's self-regulation through the Responsible Carrier 
Program of the American Waterways Operators (AWO). The Coast Guard is 
keenly aware of this program and of the increased safety benefits that 
it provides; but, unfortunately, not all operators of towboats 
participate in it. Because of this we must require fire-safety measures 
for engine rooms.
    Some comments requested that vessels engaged in either emergency 
response or harbor assistance be exempt from the proposed requirements. 
We agree with them and have changed the interim rule accordingly.
    Several comments argued that we should not require qualified fire-
fighting training and personal protective gear for crewmembers. The 
costs associated with maintaining the correct gear in the sizes needed 
for each crewmember would be prohibitive, they stated, considering that 
the crewmembers may routinely transfer between vessels. Many inland-
towing companies, they further stated, have adopted corporate practices 
that restrict their personnel to performing only limited ``first-aid'' 
fire-fighting before calling for outside help or abandoning

[[Page 22609]]

the vessel. The companies reason that any further fire-fighting by 
these personnel could result in unacceptable risks to the personnel. 
Our analysis of casualties indicates that all fires put out by 
crewmembers were put out by crewmembers without benefit of extensive 
training or protective clothing. We therefore have considered the costs 
and benefits associated with such training and clothing, and we have 
decided not to require these in this interim rule.
    Several other comments stated that, in their opinion, portable 
equipment would be adequate to control engine-room fires because fire-
detection systems are now mandatory on all non-exempt towing vessels 
under the new rules for fire-protection measures effective October 8, 
2001 (65 FR 52043). We agree that those systems will provide early 
warning of potential fires and, in most cases, will allow crewmembers 
to act before the fires grow to unmanageable sizes. Early detection 
capability was a factor in our decision to allow the use of portable 
fire-fighting equipment in this interim rule.

Voyage Planning

    Most comments on voyage planning opposed requiring it for towing 
vessels on Western Rivers and other inland waters. The Coast Guard 
agrees, requiring it only for these vessels (each with at least one 
barge in tow) when they operate beyond the baseline of the territorial 
sea.
    Many suggested we define the term ``voyage.'' For the purposes of 
this rule, a voyage (or trip) is a movement of a towing vessel that is 
under way, with at least part of the transit being seaward of the 
territorial-sea baseline.
    One comment suggested specific changes, such as development of 
guidelines for voyage planning with detailed information on its four 
components: appraisal, planning, execution, and monitoring. Another 
suggested that proper planning encompass a number of items to protect 
endangered species and critical habitats. The Coast Guard agrees in 
part. We will further evaluate the need for detailed instructions 
regarding voyage planning and will issue guidelines to the industry if 
they are deemed necessary.

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 Homeland 
Security (DHS).
    A draft Regulatory Evaluation under the regulatory policies and 
procedures of DHS is available in the docket for inspection or copying 
where indicated under ADDRESSES. A summary of the Evaluation follows:
    We expect measures published in this interim rule to yield a 
benefit-to-cost ratio of about 1.6-to-1. Estimated benefits, in the 
form of avoided injuries and avoided damage to vessels and property, 
are around $29.5 million. In addition, the measures are estimated to 
prevent 14,139 barrels of oil pollution. The estimated total present-
value cost of this rulemaking is $18.6 million. The table following 
this paragraph illustrates the calculation of total benefits and costs 
and also breaks out the benefits and costs of the fire-suppression and 
voyage-planning components. The period of analysis is from 2003 until 
2015. A majority of the costs are incurred in the first two years of 
the analysis period, as this is when industry will incur the capital 
costs of installing manual fire-fighting equipment.

Total Costs, Benefits, And Benefit/Cost Ratios Of Requirements For Fire-
               Suppression and Voyage Planning (2003-2015)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Present-Value Total Cost of Fire-Suppression.........        $16,975,875
Present-Value Total Benefit of Fire-Suppression......        $24,325,311
Barrels of Pollution Avoided.........................              9,032
    Benefit/Cost Ratio...............................             1.43:1
------------------------------------------------------
Present-Value Total Cost of Voyage Planning..........         $1,633,346
Present-Value Total Benefit of Voyage Planning.......         $5,104,360
Barrels of Pollution Avoided.........................              5,107
    Benefit/Cost Ratio...............................             3.13:1
------------------------------------------------------
Present-Value Total Cost of Rule.....................        $18,609,221
Present-Value Total Benefit of Rule..................        $29,429,671
Barrels of Pollution Avoided by Rule.................             14,139
    Benefit/Cost Ratio of Rule.......................             1.58:1
------------------------------------------------------------------------
Note: Benefit/Cost ratio is present-value total benefit divided by the
  present-value total cost.

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.
    The requirements contained in this interim rule will have much less 
of an impact on small entities than those contained in the SNPRM 
published November 8, 2000. There, we indicated that the requirements 
contained in the SNPRM might constitute a significant impact on a 
substantial number of small entities. The total present-value cost of 
the requirements contained in the SNPRM was around $116 million.
    We estimate that this interim rule will cost industry $18.6 
million. About 1,200 companies are affected by this rule; of these, 
about 1,000 are considered small entities. The average small business, 
in our analysis, owns two affected towing vessels and has average 
annual revenues of $1.1 million. Consequently, an average small 
business will spend around $12,000 over the 13 years covered by our 
analysis to have the manual fire-fighting equipment on board and to 
conduct voyage planning. Therefore, we certify that this rule does not 
have a significant impact on a substantial number of small entities.

[[Page 22610]]

Assistance for Small Entities

    In accordance with 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, P. E., Project Manager, 
at 202-267-1861.

Collection of Information

    This rule does not provide for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). As 
defined in 5 CFR 1320.3(c), ``collection of information'' includes 
reporting, recordkeeping, monitoring, posting, labeling, and other, 
similar actions.

Federalism

    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).) Because the States may not regulate 
within these categories, 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. 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 interim rule will not result in such an expenditure, we 
discuss the effects of this rule 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.

Reform of Civil Justice

    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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361 (July 11, 
2001)) requesting comments on how to best carry out the Order. We 
invite your comments on how this rule might affect tribal governments, 
even if any particular effect may not constitute a ``tribal 
implication'' under the Order.

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, 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) (c) and (d), of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 164

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

46 CFR Part 25

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 27

    Fire prevention, Incorporation by reference, Marine safety, 
Reporting and recordkeeping requirements, Vessels.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 164 and 46 CFR parts 25 and 27 as follows:

PART 164--NAVIGATION SAFETY REGULATIONS

0
1. Revise the citation of authority for part 164 to read as follows:

    Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
Department of Homeland Security Delegation No. 0170. Sec. 164.13 
also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 
U.S.C. 6101.


0
2. In Sec.  164.78, revise paragraphs (a) (6) and (7), and add 
paragraph (a)(8) to read as follows:


Sec.  164.78  Navigation under way: Towing vessels.

    (a) * * *
    (6) Knows the speed and direction of the current, set, drift, and 
tidal state for the area to be transited;
    (7) Proceeds at a safe speed taking into account the weather, 
visibility, density of traffic, draft of tow, possibility of wake 
damage, speed and direction of the current, and local speed-limits; and
    (8) Monitors the voyage plan required by Sec.  164.80.
* * * * *
0
3. In Sec.  164.80, revise the heading of the section and add paragraph 
(c) to read as follows:


Sec.  164.80  Tests, inspections, and voyage planning.

* * * * *
    (c) Towing vessels described in paragraphs (b) (1) through (4) of 
Sec.  164.01 are exempt from the voyage-planning

[[Page 22611]]

requirements outlined in this section. If any part of a towing vessel's 
intended voyage is seaward of the baseline (i.e., the shoreward 
boundary) of the territorial sea of the U.S., then the owner, master, 
or operator of the vessel, employed to tow a barge or barges, must 
ensure that the voyage with the barge or barges is planned, taking into 
account all pertinent information before the vessel embarks on the 
voyage. The master must check the planned route for proximity to 
hazards before the voyage begins. During a voyage, if a decision is 
made to deviate substantially from the planned route, then the master 
or mate must plan the new route before deviating from the planned 
route. The voyage plan must follow company policy and consider the 
following (related requirements noted in parentheses):
    (1) Applicable information from nautical charts and publications 
(also see paragraph (b) of Sec. 164.72), including Coast Pilot, Coast 
Guard Light List, and Coast Guard Local Notice to Mariners for the port 
of departure, all ports of call, and the destination;
    (2) Current and forecast weather, including visibility, wind, and 
sea state for the port of departure, all ports of call, and the 
destination (also see paragraphs (a)(7) of Sec. 164.78 and (b) of 
Sec. 164.82);
    (3) Data on tides and currents for the port of departure, all ports 
of call, and the destination, and the river stages and forecast, if 
appropriate;
    (4) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, and berthing 
areas;
    (5) Pre-departure checklists;
    (6) Calculated speed and estimated time of arrival at proposed 
waypoints;
    (7) Communication contacts at any Vessel Traffic Services, bridges, 
and facilities, and any port-specific requirements for VHF radio;
    (8) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (9) Whether the towing vessel has sufficient power to control the 
tow under all foreseeable circumstances.

PART 25--REQUIREMENTS

0
4. Revise the citation of authority for part 25 to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 0170.

0
5. In Sec.  25.30-10, revise the heading, and paragraph (c) and Table 
25.30-10(c), to read as follows:


Sec.  25.30-10  Hand-portable fire extinguishers and semi-portable 
fire-extinguishing systems.

* * * * *
    (c) The number designations for size run from ``I'' for the 
smallest to ``V'' for the largest. Sizes I and II are hand-portable 
fire extinguishers; sizes III, IV, and V are semi-portable fire-
extinguishing systems, which must be fitted with hose and nozzle or 
other practical means to cover all portions of the space involved. 
Examples of the sizes for some of the typical hand-portable fire 
extinguishers and semi-portable fire-extinguishing systems appear in 
Table 25.30-10(C):

                                                Table 25.30-10(C)
----------------------------------------------------------------------------------------------------------------
                                                                             Carbon dioxide,     Dry chemical,
                     Classification                         Foam, liters        kilograms          kilograms
                                                             (gallons)           (pounds)           (pounds)
----------------------------------------------------------------------------------------------------------------
B-I....................................................       6.5 (1\3/4\)              2 (4)              1 (2)
B-II...................................................        9.5 (\1/2\)             7 (15)           4.5 (10)
B-III..................................................            45 (12)            16 (35)             9 (20)
B-IV...................................................            75 (20)            23 (50)          13.5 (30)
B-V....................................................           150 (40)           45 (100)            23 (50)
----------------------------------------------------------------------------------------------------------------

0
6. Revise Sec.  25.30-15 to read as follows:


Sec.  25.30-15  Fixed fire-extinguishing systems.

    (a) When a fixed fire-extinguishing system is installed, it must be 
a type approved or accepted by the Commandant (G-MSE) or the Commanding 
Officer, U.S. Coast Guard Marine Safety Center.
    (b) If the system is a carbon-dioxide type, then it must be 
designed and installed in accordance with subpart 76.15 of part 76 of 
subchapter H (Passenger Vessels) of this chapter.

PART 27--TOWING VESSELS

0
7.-8. Revise part 27 to read as follows:
Subpart A--General Provisions for Fire-Protection Measures and Fire-
Suppression Equipment on Towing Vessels
Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.
Subpart B--Fire-Protection Measures for Towing Vessels
27.201 What are the requirements for general alarms on towing 
vessels?
27.203 What are the requirements for fire detection on towing 
vessels?
27.205 What are the requirements for internal communication systems 
on towing vessels?
27.207 What are the requirements for fuel shut-offs on towing 
vessels?
27.209 What are the requirements for training crews to respond to 
fires?
27.211 What are the specifications for fuel systems on towing 
vessels whose construction was contracted for on or after January 
18, 2000?
Subpart C--Fire-Suppression Equipment for Towing Vessels
27.301 What are the requirements for fire pumps, fire mains, and 
fire hoses on towing vessels?
27.303 What are the requirements for fire-extinguishing equipment on 
towing vessels in inland service, and on towing vessels in ocean or 
coastal service whose construction was contracted for before August 
27, 2003?
27.305 What are the requirements for fire-extinguishing equipment on 
towing vessels in ocean or coastal service whose construction was 
contracted for on or after August 27, 2003?

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 
110 Stat. 3901); Department of Homeland Security Delegation No. 
0170.

PART 27--TOWING VESSELS

Subpart A--General Provisions for Fire-Protection Measures and 
Fire-Suppression Equipment 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 vessel is one 
exempt under 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

[[Page 22612]]

for barges or a commercial facility, and used solely for restricted 
service, such as making up or breaking up larger tows;
    (2) Used solely for harbor-assist;
    (3) Used solely for assistance towing as defined by 46 CFR 10.103;
    (4) Used solely for response to emergency or pollution;
    (5) A public vessel that is both 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;
    (6) A foreign vessel engaged in innocent passage;
    (7) Pushing a barge ahead, or towing a barge alongside, when the 
barge's coastwise or Great Lakes route is restricted (as indicated on 
its certificate of inspection), so the barge may operate ``in fair 
weather only, within 20 miles of shore,'' or with words to that effect; 
or
    (8) Exempted by the Captain of the Port (COTP).
    (c) If you think your towing vessel should be exempt from the 
paragraph (b) 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 
vessel lost propulsion because of a fire in the engine room.
    (d) You must test and maintain all of the equipment required by 
this part in accordance with the attached nameplate or manufacturer's 
approved design manual.


Sec.  27.101  Definitions.

    As used in this part--
    Accommodation includes any:
    (1) Messroom.
    (2) Lounge.
    (3) Sitting area.
    (4) Recreation room.
    (5) Quarters.
    (6) Toilet space.
    (7) Shower room.
    (8) Galley.
    (9) Berthing facility.
    (10) Clothing-changing room.
    Engine room means the enclosed area where any main-propulsion 
engine is located. It comprises all deck levels within that area.
    Fixed fire-extinguishing system means a carbon-dioxide system that 
satisfies 46 CFR subpart 76.15 and is approved by the Commandant; a 
manually-operated clean-agent system that satisfies the National Fire 
Protection Association (NFPA) Standard 2001 (incorporated by reference 
in Sec.  27.102) and is approved by the Commandant; or a manually-
operated water-mist system that satisfies NFPA Standard 750 
(incorporated by reference in Sec.  27.102) and is approved by the 
Commandant.
    Fleeting-area means a separate location where individual barges are 
moored or assembled to make a tow. The barges are not in transport, but 
are temporarily marshaled, waiting for pickup by different vessels that 
will transport them to various destinations. A fleeting-area is a 
limited geographic area.
    Harbor-assist means docking and undocking ships.
    Limited geographic area means a local area of operation, usually 
within a single harbor or port. The local Captain of the Port (COTP) 
determines the definition of local geographic area for each zone.
    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.
    Towing vessel in inland service means a towing vessel that is not 
in ocean or coastal service.
    Towing vessel in ocean or coastal service means a towing vessel 
that operates beyond the baseline of the U.S. territorial sea.
    We means the United States Coast Guard.
    Work space 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 available at the Office of the Federal Register, 800 North Capitol 
Street NW., suite 700, Washington, DC 20001, 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.......     27.211
H-33-1989--Diesel Fuel Systems...............................     27.211
 National Fire Protection Association (NFPA), 1 Batterymarch
                 Park, Quincy, MA 02269-9101
NFPA 302-1989--Pleasure and Commercial Motorcraft............     27.211
NFPA 750--Standard on Water Mist Fire Protection Systems,         27.101
 2000 edition................................................
NFPA 2001--Standard on Clean Agent Fire Extinguishing             27.101
 Systems, 2000 edition.......................................
   Society of Automotive Engineers (SAE), 400 Commonwealth
               Drive, Warrendale, PA 15096-0001
SAE J1475-1984--Hydraulic Hose Fitting for Marine                 27.211
 Applications................................................
SAE J1942-1989--Hose and Hose Assemblies for Marine               27.211
 Applications................................................
 


Subpart B--Fire-Protection Measures for Towing Vessels


Sec.  27.201  What are the requirements for general alarms on towing 
vessels?

    (a) 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) Has installed, in the engine room and any other area where 
background noise makes a general alarm hard to hear, a supplemental 
flashing red light that is 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 the system--
    (1) Is capable of notifying persons in any accommodation, work 
space, and the engine room;
    (2) Is tested at least once each week;
    (3) Can be activated from the operating station; and
    (4) Complies with paragraph (a)(3) of this section.


Sec.  27.203  What are the requirements for fire detection on towing 
vessels?

    You must have a fire-detection system installed on your vessel to 
detect

[[Page 22613]]

engine-room fires. Any owner of a vessel whose construction was 
contracted for before January 18, 2000, may use an existing engine-
room-monitoring system (with fire-detection capability) instead of a 
fire-detection system, if the monitoring system is operable and 
complies with this section. You must ensure that--
    (a) Each detector, each control panel, and each fire alarm are 
approved under 46 CFR subpart 161.002 or listed by an independent 
testing laboratory; except that, if you use an existing engine-room-
monitoring system (with fire-detection capability), each detector must 
be listed by an independent testing laboratory;
    (b) The system is installed, tested, and maintained in line with 
the manufacturer's design manual;
    (c) The system is arranged and installed so a fire in the engine 
room automatically sets off alarms on a control panel at the operating 
station;
    (d) The control panel includes--
    (1) A power-available light;
    (2) Both an audible alarm to notify crew at the operating station 
of fire and visible alarms to identify the zone or zones of origin of 
the fire;
    (3) A means to silence the audible alarm while maintaining 
indication by the visible alarms;
    (4) A circuit-fault detector test-switch; and
    (5) Labels for all switches and indicator lights, identifying their 
functions;
    (e) The system draws power from two sources, switchover from the 
primary source to the secondary source being either manual or 
automatic;
    (f) The system serves no other purpose, unless it is an engine-
room-monitoring system (with fire-detection capability) installed on a 
vessel whose construction was contracted for before January 18, 2000; 
and
    (g) The system is certified by a Registered Professional Engineer, 
or by a recognized classification society (under 46 CFR part 8), to 
comply with paragraphs (a) through (f) of this section.


Sec.  27.205  What are the requirements for internal communication 
systems on towing vessels?

    (a) You must ensure that your vessel is fitted with a communication 
system between the engine room and the operating station that--
    (1) Consists 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's engine controls and the access to 
the engine room 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.  27.207  What are the requirements for fuel shut-offs on towing 
vessels?

    To stop the flow of fuel in the event of a break in the fuel line, 
you must have a positive, remote fuel-shut-off valve fitted on any fuel 
line that supplies fuel directly to an engine or generator. The valve 
must be near the source of supply (for instance, at the day tank, 
storage tank, or fuel-distribution manifold). Furthermore, it must be 
operable from a safe place outside the space where the valve is 
installed. Each remote valve control should be marked in clearly 
legible letters, at least 25 millimeters (1 inch) high, indicating the 
purpose of the valve and the way to operate it.


Sec.  27.209  What are the requirements for training crews to respond 
to fires?

    (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. You must ensure that all 
crewmembers are familiar with their fire-fighting duties, and, 
specifically, with 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 any mechanical ventilation system for the engine room and 
effectively seal all natural openings to the space to prevent leakage 
of the extinguishing agent; and
    (iii) Operate the fuel shut-off 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 instruction required 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, or simulating the use of, emergency 
equipment;
    (3) Testing of all alarm and detection systems; and
    (4) Putting on protective clothing (by at least one person), 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 participated in the drills 
required by paragraph (a) of this section, and received the instruction 
required by that paragraph, receives a safety orientation within 24 
hours of reporting for duty.
    (e) The safety orientation must cover the particular contingencies 
listed in paragraph (a) of this section.


Sec.  27.211  What are the specifications for fuel systems on towing 
vessels whose construction was contracted for on or after January 18, 
2000?

    (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 complies with 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 pumps 
or fire pumps. The design, construction, and stowage of portable tanks 
and related fuel lines and accessories must comply with ABYC H-25 
(incorporated by reference in Sec.  27.102).
    (c) Fuel restrictions. Neither you nor the master or person in 
charge 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, heavy fuel oil (HFO), or any fuel that 
requires pre-heating, must comply with subchapter F of this chapter.
    (d) Vent pipes for integral fuel tanks. Each integral fuel tank 
must meet the

[[Page 22614]]

requirements of this paragraph as follows:
    (1) Each tank must have a vent that connects to the highest point 
of the tank, discharges on a weather deck through a bend of 180 degrees 
(3.14 radians), and is fitted with a 30-by-30-mesh corrosion-resistant 
flame screen. Vents from two or more tanks may combine in a system that 
discharges on a weather deck.
    (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) 
for any tank filled by gravity; or
    (ii) Not less than that of the fill pipe for any tank filled under 
pressure.
    (e) Fuel piping. Except as permitted in paragraphs (e)(1), (2), and 
(3) 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 in Sec.  27.102); 
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. Hose complying with SAE 
J1475 is also acceptable.
    (3) Nonmetallic flexible hose complying with SAE J1942 
(incorporated by reference in Sec.  27.102) is also acceptable.
    (f) A towing vessel of less than 24 meters (79 feet) in length may 
comply with any of the following standards for fuel systems rather than 
with those of paragraph (e) of this section:
    (1) ABYC H-33 (incorporated by reference in Sec.  27.102).
    (2) Chapter 5 of NFPA 302 (incorporated by reference in Sec.  
27.102).
    (3) 33 CFR Chapter I, subchapter S (Boating Safety).

Subpart C--Fire-Suppression Equipment for Towing Vessels


Sec.  27.301  What are the requirements for fire pumps, fire mains, and 
fire hoses on towing vessels?

    By April 29, 2005, you must provide a self-priming, power-driven, 
fixed fire-pump, a fire main, and hoses and nozzles in accordance with 
paragraphs (a) through (c) of this section; or a portable pump, and 
hoses and nozzles, in accordance with paragraphs (d) and (e) of this 
section, for your towing vessel.
    (a) The fixed fire-pump must be capable of--
    (1) Delivering water simultaneously from the two highest hydrants, 
or from both branches of the fitting if the highest hydrant has a 
Siamese fitting, at a pitot-tube pressure of at least 344 kPa (50 psi) 
and a flow rate of at least 300 lpm (80 gpm); and
    (2) Being energized from the operating station and from the pump.
    (b) The fire main must have a sufficient number of fire hydrants 
with attached hose to reach any part of the machinery space using a 
single length of fire hose.
    (c) The hose must be lined commercial fire-hose, at least 40mm (1.5 
inches) in diameter, 15 meters (50 feet) in length, and fitted with a 
nozzle made of corrosion-resistant material capable of providing a 
solid stream and a spray pattern.
    (d) The portable fire pump must be self-priming and power-driven, 
with--
    (1) A minimum capacity of at least 300 lpm (80 gpm) at a discharge 
gauge pressure of not less than 414 kPa (60 psi), measured at the pump 
discharge;
    (2) A sufficient amount of lined commercial fire hose at least 40mm 
(1.5 inches) in diameter and 15 meters (50 feet) in length, immediately 
available to attach to it so that a stream of water will reach any part 
of the vessel; and
    (3) A nozzle made of corrosion-resistant material capable of 
providing a solid stream and a spray pattern.
    (e) You must stow the pump with its hose and nozzle outside of the 
machinery space.


Sec.  27.303  What are the requirements for fire-extinguishing 
equipment on towing vessels in inland service, and on towing vessels in 
ocean or coastal service whose construction was contracted for before 
August 27, 2003?

    You must carry on your towing vessel both--
    (a) The minimum number of hand-portable fire extinguishers required 
by 46 CFR subpart 25.30; and
    (b) By April 29, 2005, either--
    (1) An approved B-V semi-portable fire-extinguishing system to 
protect the engine room; or
    (2) A fixed fire-extinguishing system installed to protect the 
engine room of the vessel.


Sec.  27.305  What are the requirements for fire-extinguishing 
equipment on towing vessels in ocean or coastal service whose 
construction was contracted for on or after August 27, 2003?

    (a) You must carry on your towing vessel both--
    (1) The minimum number of hand-portable fire extinguishers required 
by 46 CFR subpart 25.30; and
    (2) An approved B-V semi-portable fire-extinguishing system to 
protect the engine room.
    (b) You must have a fixed fire-extinguishing system installed to 
protect the engine room of the vessel.

    Dated: February 4, 2003.
Paul J. Pluta,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 03-10421 Filed 4-28-03; 8:45 am]
BILLING CODE 4910-15-P