[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34064-34072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13600]



[[Page 34064]]

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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: Final rule.

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SUMMARY: This final rule adopts, with changes, the interim rule 
published on April 29, 2003, that required the installation of fire-
suppression systems in the engine rooms of towing vessels and voyage 
planning. 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 associated threats to maritime 
commerce and the environment.

DATES: This final rule is effective July 19, 2004. The incorporation by 
reference of certain publications in this rule is approved by the 
Director of the Federal Register as of July 19, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of this docket and are 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 
Andrea M. Jenkins, Program Manager, Docket Operations, Department of 
Transportation, at telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

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 Public Law 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 titled ``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 less-controversial requirements we addressed in an 
interim rule titled: ``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 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.
    The interim rule published on April 29, 2003 [68 FR 22604] changed 
the requirements proposed in the SNPRM in response to the comments 
received, both on the docket and at the two public meetings. The 
interim rule prescribed that non-exempted towing vessels must--
     Be fitted with fire-suppression equipment in their engine 
rooms; and
     Not proceed on a trip or voyage beyond the territorial sea 
baseline before completing a plan for the trip or voyage.
    However, separate requirements were proposed for (1) vessels in 
inland service and (2) those in ocean or coastal service.

[[Page 34065]]

    These changes were made in the interim rule because the public 
response to the SNPRM was overwhelmingly negative. Most of the comments 
opposed the requirement for fixed fire-suppression systems on towing 
vessels in inland service, and suggested we allow manual fire-fighting 
measures on those vessels. Most of the comments on voyage planning 
opposed its application to towing vessels on inland waters. After 
considering all of the comments to the SNPRM along with the fire-
related casualty statistics available for towing vessels, we decided to 
accept manual fire-fighting equipment and measures as an alternative to 
fixed fire-suppression systems on all towing vessels operating 
exclusively on inland waters. However, we still required the 
installation of fixed fire-suppression systems in the engine rooms of 
new ocean or coastal service towing vessels whose construction was 
contracted for on or after August 27, 2003. And the applicability of 
the voyage-planning requirement was narrowed, so that it does not apply 
to towing vessels operating exclusively on inland waters.
    The public response to the interim rule showed that the changes we 
made were generally acceptable to the towing industry. Several limited 
comments were submitted in response to the interim rule, and they are 
summarized under Discussion of Comments and Changes.

Statutory Mandate

    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 Comments and Changes

    The docket received a total of 9 letters containing 17 comments on 
the interim rule. Of the comments, 15 dealt with fire suppression while 
2 dealt with voyage planning. The following paragraphs contain 
summaries of the comments (and explanations of any changes made by this 
rule to the interim rule) under the category-headings that follow:

Requirement for a Fixed Fire-Extinguishing System

    One comment indicated support for changing the rule to require 
fixed fire-extinguishing systems for the protection of all towing 
vessels' engine rooms. This comment was not adopted for the reasons 
explained in the interim rule (68 FR 22606).

Design of Fixed Suppression Systems

    One comment recommended that we add criteria to Sec.  27.305(b) to 
require that engine-intake air must come from outside the engine room. 
The commenter felt that this would allow the vessel's engine or engines 
to continue to operate if the extinguishing system was discharged. We 
do not agree with this comment. If there were a fire in the engine 
room, the engine could be affected by fire-related damage despite the 
source of intake air. We expect that the fixed-fire suppression system 
will limit this damage.

Requirements for Semi-Portable Fire Extinguishers

    One comment expressed concern that the requirement for a size B-V 
semi-portable fire extinguisher on all towing vessels was excessive. 
The comment proposed that a size B-III portable extinguisher would be 
satisfactory for the protection of towing vessels under 79 feet (24 m) 
in length. We do not agree with this proposal. The severity of an 
engine-room fire is not related to the length of the vessel, but to the 
fire hazard present in the engine room. The use of marine diesel fuel 
oil poses a sufficient hazard to warrant the higher fire-suppression 
capability of a size B-V extinguisher.

Editorial

    Another comment recommended revising the wording of Sec.  27.209 to 
prescribe the use of video training materials instead of videotapes, 
since DVD format is now routinely used. We agree with this and have 
changed the section accordingly.

Applicability

    One comment questioned the clarity of the exemptions listed in 
Sec.  27.100-- specifically, the use of the word ``solely'' in each 
sub-paragraph of Sec.  27.100, (b)(1) through (4). The comment noted 
that the use of the word ``solely'' within each sub-paragraph would 
appear to exclude vessels that perform more than one of the exempted 
services from being granted an exemption. We agree with the comment. It 
was not our intent to prevent towing vessels that may perform multiple 
services not involving the towing of barges from receiving an 
exemption. We have revised the text of the rule to further clarify 
which vessels may receive an exemption.
    A related comment criticized the wording in the exemption listed in 
Sec.  27.100(b)(7) that permits vessels that operate within 20 miles of 
shore and in fair weather, a general exemption from the rule. The 
comment pointed out that, as it currently stands, this exemption would 
permit a wide range of towing vessels to move tank barges for 
significant distances within the permitted 20-mile limit from shore. If 
an engine-room fire were to occur on one of these vessels that caused 
the loss of propulsion or steering, a significant polluting accident 
could occur. We agree with this observation. It was our intent that the 
exemption only apply to certain towing vessels--those pushing a barge 
ahead or hauling a barge alongside--that normally operate in inland 
service and occasionally travel, in fair weather only, beyond the 
territorial sea baseline of the U.S. for very short distances on pre-
determined routes. The proposed wording and the location of the 
exemption within the rule were in error. To correct this, we have moved 
the exemption to Sec.  27.305 and narrowed the acceptable operating 
distance to within 12 miles of shore.
    Another comment requested that we reconsider the exemption for 
harbor-assist tugs stated in Sec.  27.100(b). The comment suggested 
that fixed fire-suppression systems should be required on such vessels 
because local fire departments in that State did not have the resources 
to fight vessel fires. We do not agree with this comment and have not 
changed the rule because of it. In our NPRM and SNPRM, we considered 
the extent of the fire hazard attributable to harbor-assist tugs 
nationwide, and determined that, because they do not routinely move 
tank barges, they present an acceptable level of risk.
    Other comments argued that we should require qualified fire-
fighting training and personal protective gear for crewmembers. The 
comments disagreed with our view in the SNPRM that the costs associated 
with maintaining the correct gear in the sizes needed for each 
crewmember would be prohibitive, arguing instead that most crewmembers 
could wear a size large. They also argued that the lack of personal 
protective gear and fire-fighting training would shift the burden for 
the safety of towing vessels from the operators of the

[[Page 34066]]

vessels to the local fire departments. We do not agree with these 
opinions, and maintain the position taken in the SNPRM that 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 decided not to amend the final 
rule.

Requirements for Inspection

    We received two comments that recommended that we subject towing 
vessels to inspection by the Coast Guard. This suggestion is outside 
the scope of this rulemaking and has not been considered in the final 
rule.

Fire Pump Controls

    Several comments requested that we reconsider the requirement in 
Sec.  27.301(a)(2) that a crewmember be able to energize the fixed fire 
pump from the operating station. The commenters suggested that this was 
too restrictive a requirement and that locating the fire-pump control 
at any safe place outside the engine room would be suitable. We agree 
and have changed the wording of this section.
    A related comment pointed out that the fire-main valves need to be 
included in the requirements for remote operation, because they may not 
be normally kept in the open position. We acknowledge that this could 
be a problem if the fire main has valves. However, we have not issued 
any rules that require valves to be installed. Acting on this 
suggestion, we have added criteria for being able to remotely operate 
any valves in the fire main.

Incorporation by Reference

    We received comments from the National Fire Protection Association, 
whose standards we incorporate by reference in Sec.  27.102, informing 
us that the references we cited have been updated. The Association 
recommends that the reference to NFPA 302--Pleasure and Commercial 
Motorcraft-- be changed from the 1989 edition to the 1998 edition. The 
other reference in need of updating is NFPA 750--Standard on Water Mist 
Fire Protection Systems. In the interim rule we cited the 2000 edition. 
The current edition is 2003. We have decided to make the recommended 
changes. The Association also recommended that we cite NFPA standard 
301--Safety to Life From Fire on Merchant Vessels--for informational 
purposes, since chapter 18 of this standard addresses towing vessels. 
We have not done so, because we do not incorporate the standard by 
reference in the rule.

Voyage Planning

    One comment suggested that we require every towing vessel to be 
equipped with an electronic chart-plotter and that mariners be trained 
in its use. This requirement is outside the scope of this rulemaking 
and has not been considered.
    A second comment recommended that we reconsider our position to 
exempt inland towing vessels from performing voyage or trip planning. 
The comment did not supply any new information on this topic. We have 
made no changes to the rule in response to this request.

Regulatory Evaluation

    This final 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). The Regulatory Evaluation in the docket for the interim 
rule is unchanged for the final rule.
    A summary of the Evaluation follows:
    We expect measures published in this 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. Most 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 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

[[Page 34067]]

a substantial number of small entities. The total present-value cost of 
the requirements contained in the SNPRM was around $116 million.
    The SNPRM initially required the installation of a fixed fire-
suppression system in the engine room of a towing vessel as an 
alternative to manual fire-suppression systems. The IR, however, 
prescribed the installation of manual fire-suppression equipment in 
place of a more costly fixed fire-suppression system for all new and 
existing inland and coastal towing vessels. A fixed fire-suppression 
system would be required for new coastal towing vessels only. Since the 
estimated number of new coastal towing vessels is small, this greatly 
reduced the costs for the fire-suppression requirement.
    Additionally, the interim rule required voyage planning for new and 
existing coastal towing vessels only, not inland towing vessels, which 
further reduced costs of the voyage planning requirement, and, 
subsequently, the total cost of the rule.
    We estimate that this final rule will cost industry $18.6 million. 
About 1,200 companies are affected by this rule; of these, about 1,000 
count as 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking.
    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).
    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.]

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).) This final rule involves equipping 
and operation of vessels. 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 final rule will not result in such an expenditure, we 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This final 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 final 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 final 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 final 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 final 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 analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(d), of the Instruction, from further 
environmental documentation. This rule concerns the equipping of towing 
vessels. A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion

[[Page 34068]]

Determination'' are 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. 0170.1 (75). 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), (7), and (8) to read as 
follows:


Sec.  164.78  Navigation under way: Towing vessels.

    (a) * * *
    (6) Knows the speed and direction of the current, and the 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 paragraph (c) to read as follows:


Sec.  164.80  Tests, inspections, and voyage planning.

* * * * *
    (c)(1) The voyage-planning requirements outlined in this section do 
not apply to you if your towing vessel is--
    (i) Used solely for any of the following services or any 
combination of these services--
    (A) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as making up or breaking up larger tows;
    (B) For harbor-assist;
    (C) For assistance towing as defined by 46 CFR 10.103;
    (D) For response to emergency or pollution;
    (ii) 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;
    (iii) A foreign vessel engaged in innocent passage; or
    (iv) Exempted by the Captain of the Port (COTP).
    (2) If you think your towing vessel should be exempt from these 
voyage planning 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.
    (3) 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):
    (i) Applicable information from nautical charts and publications 
(also see paragraph (b) of section 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;
    (ii) 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 section 164.78 and (b) of 
section 164.82);
    (iii) 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;
    (iv) Forward and after drafts of the barge or barges and under-keel 
and vertical clearances (air-gaps) for all bridges, ports, and berthing 
areas;
    (v) Pre-departure checklists;
    (vi) Calculated speed and estimated time of arrival at proposed 
waypoints;
    (vii) Communication contacts at any Vessel Traffic Services, 
bridges, and facilities, and any port-specific requirements for VHF 
radio;
    (viii) Any master's or operator's standing orders detailing closest 
points of approach, special conditions, and critical maneuvers; and
    (ix) 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. 0170.1 (75).


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 (2\1/2\)            7 (15)          4.5 (10)

[[Page 34069]]

 
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. 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. 
0170.1(75).

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 for any of the following services or any 
combination of these services--
    (i) Within a limited geographic area, such as a fleeting-area for 
barges or a commercial facility, and used for restricted service, such 
as making up or breaking up larger tows;
    (ii) For harbor-assist;
    (iii) For assistance towing as defined by 46 CFR 10.103;
    (iv) For response to emergency or pollution;
    (2) 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;
    (3) A foreign vessel engaged in innocent passage; or
    (4) Exempted by the Captain of the Port (COTP).
    (c) If you think your towing vessel should be exempt from these 
requirements for a specified route, you should submit a written request 
to the appropriate COTP. The COTP will provide you with a written 
response granting or denying your request. The COTP will consider the 
extent to which unsafe conditions would result if your 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:
    (1) A carbon-dioxide system that satisfies 46 CFR subpart 76.15 and 
is approved by the Commandant;
    (2) 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
    (3) 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.

[[Page 34070]]

    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 U.S. Coast Guard, Office of Design and Engineering 
Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001, 
or from the sources indicated in paragraph (b) of this section, or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (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 302-1998--Fire Protection Standard for Pleasure, and     27.211
     Commercial Motorcraft...................................
    NFPA 750--Standard on Water Mist Fire Protection Systems,     27.101
     2003 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 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 internal communication systems.
    (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

[[Page 34071]]

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 elsewhere 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 video training materials 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 board 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 (i) participated in the 
drills required by paragraph (a) of this section, and (ii) 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 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 for your towing vessel either 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.
    (a) The fixed fire-pump must be capable of--
    (1) Delivering water simultaneously from the two highest hydrants, 
or from

[[Page 34072]]

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 remotely from a safe place outside the engine 
room and from the pump.
    (b) All valves necessary for the operation of the fire main must be 
kept in the open position or must be capable of operation from the same 
place where the remote fire pump contol is located.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) 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 subpart 25.30 of this part; 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 subpart 25.30 of this part; 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.
    (c) This section does not apply to any towing vessel pushing a 
barge ahead, or hauling a barge alongside, when the barge's coastwise 
or Great Lakes route is restricted (as indicated on its certificate of 
inspection), so that the barge may operate ``in fair weather only, 
within 12 miles of shore,'' or with words to that effect.

    Dated: April 9, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 04-13600 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-15-P