[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40270-40273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19782]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 97-034]
RIN 2115-AF46


Radar Requirements for Towing Vessels 300 Gross Tons or More

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: On July 3, 1996, the Coast Guard published a final rule 
requiring certain towing vessels of 12 meters (39.4 feet) or more in 
length, operating in the navigable waters of the United States other 
than the St. Lawrence Seaway, to be equipped with a marine radar. This 
final rule included a provision requiring, in some cases, towing 
vessels of 300 tons gross tonnage or more to have a radar that is 
azimuth stabilized. This requirement is scheduled to go into effect on 
August 2, 1997. Following issuance of the final rule, the Coast Guard 
received comments expressing concern about the need for and the expense 
of this requirement on vessels operating on inland routes. After 
reviewing this requirement with respect to towing vessels on inland 
waters, the Coast Guard is issuing a final rule which revises the radar 
requirement for a towing vessel of 300 tons gross tonnage or more 
engaged in towing on Western rivers and U.S. navigable waters other 
than Western rivers.

DATES: This rule is effective on July 28, 1997.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Executive Secretary, Marine 
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second 
Street SW., Washington, DC 20593-0001, between 9:30 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
202-267-1477.

FOR FURTHER INFORMATION CONTACT: Mr. Edward LaRue, Navigation Rules 
Division (G-MOV-3), 202-267-0416.

Regulatory History

    The regulatory history for this rulemaking is recounted in the 
preamble of the final rule entitled ``Navigation

[[Page 40271]]

Safety Equipment for Towing Vessels'' (61 FR 35064, July 3, 1996). 
After publication of the final rule, the Coast Guard received verbal 
comments expressing concern about the requirement for towing vessels 
300 tons gross tonnage or more to have azimuth stabilized radar.

Background and Purpose

    Background information on navigation safety equipment for towing 
vessels is provided in the preambles to the notice of proposed 
rulemaking (NPRM) (60 FR 55890; November 3, 1995) and the final rule 
(61 FR 35064; July 3, 1996).

Discussion of Comments and Changes

    Verbal comments from the American Waterways Operators (AWO) 
received by the Coast Guard expressed concern about the radar 
requirement for towing vessels 300 tons gross tonnage or more to have 
azimuth stabilized radar. Because river maps published by the Army 
Corps of Engineers do not normally contain latitude and longitude 
references or a compass rose, the utility of an azimuth stabilized 
radar is greatly diminished. AWO concurred with the Coast Guard that 
this requirement was appropriate for towing vessels 300 gross tons or 
more, but was financially burdensome to towing vessels operating on 
inland routes. The Towing Safety Advisory Committee (TSAC) supported 
AWO's comments and stated that reducing the radar requirement would not 
reduce navigational safety. TSAC recommended that the Coast Guard amend 
the radar requirements for vessels 300 tons gross tonnage or more.
    The Coast Guard concurs. This final rule will reduce the economic 
burden on the towing industry by changing the radar requirement for 
towing vessels 300 tons gross tonnage or more operating on certain U.S. 
navigable waters, including Western rivers. Because owners of towing 
vessels affected by the current radar requirement may be planning 
purchases of gyrocompasses or new radar to be in compliance with the 
August 2, 1997, implementation date, the Coast Guard desires that the 
reduced requirement become effective as soon as possible. The Coast 
Guard has determined that not requiring an azimuth stabilized radar for 
vessels on inland routes will not adversely affect safety and is 
consistent with the precepts of the original rulemaking (61 FR 35064, 
July 3, 1996).
    TSAC also requested clarification of the language in the Radio 
Technical Commission for Maritime Services (RTCM) standards dealing 
with range performance. For towing vessels of less than 300 tons gross 
tonnage, performance is rated at an antenna height of 15 meters. The 
section then states parenthetically, ``the 15 meter height is a test 
criteria only and not an installation requirement.'' Although similar 
language is not used in the standards for vessels of 300 tons gross 
tonnage or more, the Coast Guard does apply the same logic. For vessels 
of 300 tons gross tonnage or more, the 15 meter height is a test 
criteria and not an installation requirement.

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. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040 (February 26, 1979)).
    A final Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared for the final rule 
requiring radars on towing vessels (61 FR 35064; July 3, 1996) and is 
available in docket CGD 94-020 for inspection or copying where 
indicated under ADDRESSES.
    In addition to the original rule's Regulatory Evaluation, the Coast 
Guard conducted a cost/benefit analysis based on this change of radar 
requirements. The Coast Guard has determined that approximately 400 
towing vessels 300 tons gross tonnage or more would be affected by the 
azimuth stabilized radar requirement. This change would have created an 
economic burden to the regulated industry of approximately $8.4 
million. The original regulatory Evaluation did not anticipate that 
vessels operating on the Western rivers or on inland waters would have 
to be outfitted with a gyrocompass, at a cost of approximately $21,000, 
in order to meet the radar requirements. The Coast Guard has determined 
that while a marine surface-navigation radar is an essential piece of 
navigational-safety equipment, for vessels operating in sheltered or 
protected waters the requirement to have the radar azimuth stabilized 
is not critical. Therefore, in this final rule the Coast Guard has 
removed the stabilization requirement for towing vessels operating on 
Western rivers and U.S. navigable waters other than Western rivers.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. Approximately 200 towing vessels owned and operated by an 
estimated 45 small entities would save $21,000 per vessel by this rule. 
Therefore, the Coast Guard certifies that under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities and is, in fact, beneficial to them.

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 
will provide assistance to small entities to determine how this rule 
applies to them. If you are a small business and need assistance 
understanding the provisions of this rule, please contact the Coast 
Guard Captain of the Port (COTP) closest to your vessel's operational 
area.

Collection of Information

    This final rule does not include any collection requirements nor 
change the collection of information requirements under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) of the final rule 
published in the Federal Register (61 FR 35064).

Federalism

    The Coast Guard has analyzed these regulations under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraphs 2.B.2e(34) (d) and (e) of 
Commandant Instruction M16475.1B, this rule is categorically excluded 
from further environmental documentation. This rule requires navigation 
safety equipment and the recordkeeping of the inspection and testing of 
said equipment. The environmental impact of this rule will be to reduce 
maritime accidents and oils spills in the marine environment. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection

[[Page 40272]]

or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 164

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

    Dated: July 14, 1997.
R. C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 164 as follows:

PART 164--NAVIGATION SAFETY REGULATIONS

    1. The authority citation for part 164 continues to read as 
follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR 
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also 
issued under 46 U.S.C. 6101.


Sec. 164.72  [Amended]

    2. Amend Sec. 164.72 by revising paragraph (a)(1)(iii); designating 
and revising paragraph (a)(1)(iv) as (a)(1)(v); adding a new paragraph 
(a)(1)(iv); and revising paragraph (c) and table 164.72 to read as 
follows:


Sec. 164.72  Navigational-safety equipment, charts or maps, and 
publications required on towing vessels.

    (a) * * *
    (1) * * *
    (iii) For a vessel of 300 tons gross tonnage or more that engages 
in towing on navigable waters of the U.S., including Western rivers, 
the radar must meet--
    (A) The requirements of the Federal Communications Commission (FCC) 
specified by 47 CFR part 80; and
    (B) RTCM Recommended Standards for Marine Radar Equipment Installed 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/
SC112-X, Version 1.2 except the requirements for azimuth stabilization 
in paragraph 3.10.
    (iv) For a vessel of 300 tons gross tonnage or more that engages in 
towing seaward of navigable waters of the U.S. or more than three 
nautical miles from shore on the Great Lakes, the radar must meet--
    (A) The requirements of the FCC specified by 47 CFR Part 80; and
    (B) RTCM Recommended Standards for Marine Radar Equipment Installed 
on Ships of 300 Tons Gross Tonnage and Upwards, RTCM Paper 191-93/
SC112-X, Version 1.2.
    (v) A towing vessel with an existing radar must meet the applicable 
requirements of paragraphs (a)(1) (i) through (iv) of this section by 
August 2, 1998; except that a towing vessel with an existing radar must 
meet the display and stabilization requirements of paragraph 
(a)(1)(ii)(B) of this section by August 2, 2001.
* * * * *
    (c) Table 164.72, following, summarizes the navigational-safety 
equipment, charts or maps, and publications required for towing vessels 
of 12 meters or more in length engaged in towing:

  Table 164.72.--Equipment, Charts or Maps, and Publications for Towing Vessels of 12 Meters or More in Length  
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                                                                                            Waters seaward of   
                                                                U.S. navigable waters    navigable waters and 3 
                                         Western rivers          other than western     NM or more from shore on
                                                                       rivers                the Great Lakes    
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Marine Radar:                                                                                                   
    Towing Vessels of Less Than    RTCM Paper 71-95/SC112-    RTCM Paper 71-95/SC112-   RTCM Paper 71-95/SC112- 
     300 GT.                        STD Version 1.1, Display   STD Version 1.1,          STD Version 1.1,       
                                    Category II \1\            Display Category II \1\   Display Category I \2\ 
                                    Stabilization Category     Stabilization Category    Stabilization Category 
                                    BRAVO.                     BRAVO.                    ALPHA.                 
    Towing Vessels of 300 GT or    RTCM Paper 191-93/SC112-X  RTCM Paper 191-93/SC112-  RTCM Paper 191-93/SC112-
     More.                          Version 1.2 (except the    X Version 1.2 (except     X Version 1.2.\1\      
                                    Azmuth stabilization       the Azmuth                                       
                                    requirement in paragraph   stabilization                                    
                                    3.10).\1\.                 requirement in                                   
                                                               paragraph 3.10).\1\.                             
    Searchlight..................              X                          X                         X           
    VHF-FM Radio.................              X                          X                         X           
    Magnetic Compass.............            X \3\                        X                         X           
    Swing-Meter..................            X \3\                                                              
    Echo Depth-Sounding Device...                                         X                         X           
    Electronic Position-Fixing                                                                      X           
     Device.                                                                                                    
    Charts or Maps...............  (1) Large enough scale...  (1) Large enough scale..  (1) Large enough scale. 
                                   (2) Current edition or     (2) Current edition or    (2) Currently corrected 
                                    currently corrected        currently corrected       edition.               
                                    edition.                   edition.                                         
    General Publications.........  (1) U.S. Coast Guard       (1) U.S. Coast Guard      (1) U.S. Coast Guard    
                                    Light List.                Light List.               Light List.            
                                   (2) Notices to Navigation  (2) Local Notices to      (2) Local Notices to    
                                    or Local Notices to        Mariners.                 Mariners.              
                                    Mariners.                                                                   
                                   (3) River-current Tables.  (3) Tidal-current Tables  (3) Tidal-current       
                                                                                         Tables.                
                                                              (4) Tide Tables.........  (4) Tide Tables.        
                                                              (5) U.S. Coast Pilot....  (5) U.S. Coast Pilot.   
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Notes:                                                                                                          
\1\ Towing vessels with existing radar must meet this requirement by August 2, 1998.                            
\2\ Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the 
  display and stabilization requirements until August 2, 2001.                                                  
\3\ A towing vessel may carry either a swing-meter or a magnetic compass.                                       


[[Page 40273]]

[FR Doc. 97-19782 Filed 7-25-97; 8:45 am]
BILLING CODE 4910-14-P