Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52057

Compliance: Required within the next 100

hours time-in-service after the effective date

of this AD, unless already accomplished.

To prevent a differential of aileron control

between the pilot’s control wheel and the copilot’s control wheel caused by the aileron

tie-rod jam nuts becoming loose, which could

result in loss of aileron control and

consequent loss of control of the airplane,

accomplish the following:

(a) Inspect the aileron tie-rod jam nuts for

looseness in accordance with the

Accomplishment Instructions section of

Pilatus Service Bulletin No. 27–001, dated

March 25, 1997. Prior to further flight,

tighten any loose jam nuts in accordance

with this service bulletin.

(b) Install a locking sleeve on both ends of

the aileron tie-rod in the chain-drive of the

aileron system in accordance with the

Accomplishment Instructions section of

Pilatus Service Bulletin No. 27–001, dated

March 25, 1997.

(c) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, 1201 Walnut, suite 900, Kansas

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to Pilatus Aircraft

Ltd., CH–6370 Stans, Switzerland; or may

examine these documents at the FAA,

Central Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Note 4: The subject of this AD addresses

the actions specified in Swiss AD FOCA AD

HB 97–174, dated April 30, 1997.

Issued in Kansas City, Missouri, on

September 30, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–26411 Filed 10–3–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 101, 161, and 501

[Docket No. 92P–0441]

Food Labeling; Net Quantity of

Contents; Compliance; Reopening of

Comment Period

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Food and Drug

Administration (FDA) is reopening until

December 1, 1997, the comment period

on a proposed rule that was published

in the Federal Register of March 4, 1997

(62 FR 9826). The document proposed

to revise the agency’s human and

animal food labeling regulations that

pertain to declarations of net quantity of

contents on food packages. This action

is being taking to allow interested

persons additional time to submit

comments to FDA on a survey

sponsored by the Federal Trade

Commission on the accuracy of net

content labeling of milk and other

products.

DATES: Written comments by December

1, 1997.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Loretta A. Carey, Center for Food Safety

and Applied Nutrition (HFS–158), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–205–5099.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 4, 1997 (62

FR 9826), FDA published a proposed

rule to revise its human and animal food

labeling regulations that pertain to

declarations of net quantity of contents

on food packages. That proposal set out

procedures for determining whether net

quantity of contents declarations

accurately reflect the amount of product

in food packages. Interested persons

were given until June 2, 1997, to

comment on the proposed rule. In the

Federal Register of May 30, 1997 (62 FR

29313), the agency extended the

comment period for an additional 90

days. The comment period closed on

September 2, 1997.

FDA has received two requests for a

second 90-day extension of the

comment period on its proposed rule on

net quantity of contents on food

packages. The requests were from trade

associations that represent major

segments of both the food and feed

industries. Both requests stated that

industry representatives would need

this extension in light of the national

20-State survey regarding the accuracy

of net content labeling of milk and, to

a lesser extent, of other dairy products

(such as yogurt and cottage cheese) and

of juice. The survey was conducted

because of State and local reports of

short-filling in packages of milk served

in schools or sold in retail stores. The

survey was made available on July 17,

1997. The requests for extension of the

comment period stated that the industry

representatives needed additional time

to review and analyze this study before

they could complete their comments.

FDA informally granted an extension

of 28 days until September 30, 1997,

under the provisions in 21 CFR

10.40(b)(3)(ii). The agency has now

decided, however, that extending the

comment period until December 1,

1997, as requested, will allow interested

persons to fully review and analyze the

data from the national survey. This

extension will ensure that there is full

consideration of all data and issues

relating to the agency’s net quantity of

contents proposal.

Interested persons may, on or before

December 1, 1997, submit to the Dockets

Management Branch (address above)

written comments regarding this

proposal. Two copies of any comments

are to be submitted, except that

individuals may submit one copy.

Comments are to be identified with the

docket number found in brackets in the

heading of this document. Received

comments may be seen in the office

above between 9 a.m. and 4 p.m.,

Monday through Friday.

Dated: September 30, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–26450 Filed 10–3–97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

46 CFR Parts 25, 27, and 32

[CGD 97–064]

RIN 2115–AF–53

Towing Vessel Safety

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.
52058 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

SUMMARY: The Coast Guard proposes to

improve towing vessel and tank-barge

safety measures by requiring the

installation of equipment to suppress

fires on towing vessels and to enhance

existing standards for anchoring or

retrieving a drifting tank barge. This

proposal was developed in cooperation

with the Towing Vessel Safety Advisory

Committee (TSAC). The Coast Guard is

addressing the human element through

muster lists, training, drills, and

performance-based requirements, as

well as recommended practices.

Regulations are required by the Coast

Guard Authorization Act of 1996. This

action is expected to reduce the number

of oil spills causing damage to marine

life and the environment from single

hull, non-self-propelled tank vessels.

DATES: Comments must reach the Coast

Guard on or before January 5, 1998.

Comments sent to the Office of

Management and Budget (OMB) on

collection of information must reach

OMB on or before December 5, 1997.

ADDRESSES: You may mail comments to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 97–064),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or deliver them to room

3406 at the same address between 9:30

a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 202–267–1477.

You must also mail comments on the

collection of information to the Office of

Information and Regulatory Affairs,

Office of Management and Budget, 725

17th Street NW., Washington, DC 20503,

Attn: Desk Officer, U.S. Coast Guard.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments, and documents as indicated

in this preamble will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Morgan J. Hurley, P.E., Project Manager

(Fire Protection) (202) 267–0172 or Email <mhurley@comdt.uscg.mil>; or

LTJG Patrick J. DeShon, Project Manager

(Emergency Control Systems) (202) 267–

0864 or E-mail

<pdeshon@comdt.uscg.mil>.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to

participate in this rulemaking by

submitting written data, views, or

arguments. You should include your

name and address, identify this

rulemaking (CGD 97–064) and the

specific section of this document to

which each comment applies, and give

the reason for each comment. Please

submit two copies of all comments and

attachments in an unbound format, no

larger than 81⁄2 by 11 inches, suitable for

copying and electronic filing. If you

want us to acknowledge receiving your

comments, please enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard is also soliciting

comments on the question and answer

format used in part 27. This format is

intended to make regulations more

readable. We are interested in your

feedback on its effectiveness and your

suggestions for possible improvements.

The Coast Guard will consider all

comments received during the comment

period and may change this proposed

rule in view of the comments.

The Coast Guard plans no public

hearing. You may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. Your request should include

the reasons why a hearing would be

beneficial. If the Coast Guard

determines that oral presentations will

aid this rulemaking, it will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

On January 19, 1996, the tugboat

SCANDIA, towing the oil barge, NORTH

CAPE, caught fire five miles off the

coast of Rhode Island. The crew could

not control the fire, and without power

they were unable to prevent the barge

carrying 4 million gallons of oil from

grounding and spilling its contents into

the coastal waters. The North Cape Spill

led Congress to amend 46 U.S.C. 3719,

in § 901 of the 1996 Coast Guard

Authorization Act (Pub. L. 104–324)

(the Authorization Act) to direct the

Secretary of Transportation to prescribe

regulations necessary to reduce oil spills

from single-hull non-self-propelled tank

vessels. Additionally, Congress in § 902

of the Authorization Act amended 46

U.S.C. 4102 to direct the Coast Guard to

require the use of a fire suppression

system or other fire suppression

measures on vessels that tow non-selfpropelled tank vessels. Section 902 of

the Authorization Act also provides that

the Coast Guard, after consultation with

TSAC, may require fire suppression

measures on all towing vessels, not just

those towing non-self-propelled tank

vessels.

Statutory Mandate

Section 901 of the Authorization Act

mandates that single hull, non-selfpropelled tank vessels operating in the

open ocean or coastal waters, or the

vessels towing them, employ at least

one of three safety options. Under

reasonably foreseeable sea conditions,

without additional assistance, either the

barge or the vessel towing it must:

(1) have on board a crew member and

an operable anchor that together can

stop the tank barge; or

(2) have an emergency system that

will allow the tank barge to be retrieved

by the towing vessel if the tow line

ruptures.

(3) If neither of these two measures

are viable, then the tank barge or vessel

towing it must have on board another

measure or combination of measures

comparable to measures (1) and (2) of

this paragraph that the Coast Guard (as

authorized by the Secretary of

Transportation) determines will provide

protection against grounding.

Section 902 of the Authorization Act

gave the Coast Guard the authority to

require ‘‘the installation, maintenance,

and use of a fire suppression system or

other measures * * * on board towing

vessels.’’ However, for vessels which

tow non-self-propelled tank vessels, the

Authorization Act mandated that the

Coast Guard require a fire suppression

system or other measures by October 1,

1997. The Authorization Act also

required that the Coast Guard develop

these rules in consultation with the

Towing Safety Advisory Committee

(TSAC). The requirements that the Coast

Guard is proposing in this rulemaking

are based on recommendations by

TSAC.

Regulatory Approach

Human Element

Many of the requirements of this rule

go beyond design and equipment. It is

important to acknowledge the roles and

responsibilities of the people operating

the equipment installed on these

vessels. The training and performance of

the crew members may be the critical

element in avoiding the actions that

contribute to a casualty. Our Prevention

Through People program depends on

owners, operators, and other people in

positions of responsibility to take an

active role in developing and enforcing

these safety measures.

Establishing the Lower Limit of

Acceptable Safety Practice

For many requirements in this rule,

vessels already carry most or all of the

equipment and have adequate

operational procedures. Many

companies maintain and inspect their

equipment with regularity and provide

training beyond that required by these

rules. However, the safety level of the

industry can be jeopardized by a single
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52059

poor operator. The necessity still exists

for identifying minimum standards that

define the lower limit of acceptable

practice.

Open Ocean and Coastal Waters

Section 901 of the Authorization Act

specified that these rules apply to

vessels operating in the open ocean or

coastal waters. The Coast Guard

determined this language to be

equivalent to the high seas and

territorial sea as defined in 33 CFR part

2. Under this approach the inner

boundary of coastal waters is the

territorial sea baseline. This line

represents the separation between

internal and external waters and defines

the coastal area more strictly than the

boundary line previously applied to

offshore barges in 33 CFR part 155.

Internal waters inherently offer semisheltered conditions or opportunity for

quick haven and therefore have been

excluded from the applicability. Vessels

in external waters are subject to more

severe weather and ocean effects that

create an environment more likely to

contribute to an incident resulting in

separation of the barge from the towing

vessel.

Double Hull Tank Barges

The proposed requirements do not

apply solely to single-hulled vessels, as

specified by the Authorization Act. The

existing requirements in 33 CFR section

155.230 already require emergency

towing capability for both single and

double hull vessels and we did not wish

to detract from the existing

requirements of OPA 90. Double hull

tank barges that currently satisfy 33 CFR

section 155.230 also meet the

requirements of the new 33 CFR section

155.230 proposed in this rulemaking.

Grandfathering Provisions for Anchor

Systems

The Coast Guard will continue to

allow the grandfathering established for

tankships and manned seagoing barges

constructed prior to June 15, 1987, by 46

CFR section 32.15–15. However,

manned barges equipped with an

anchor to comply with 33 CFR section

155.230(b)(1) will be excluded from any

of the grandfathering provisions in 46

CFR section 32.15–15. The effectiveness

of the emergency control system using

anchors is highly dependent upon the

design standard and equipment

arrangement. The Coast Guard will only

accept anchoring standards established

by the American Bureau of Shipping or

another recognized classification

society. This will not require manned

seagoing barges currently accepted

under the grandfathering provisions to

change their arrangements, if they

choose to install a retrieval system as

their emergency control system.

Application of Fire Protection Rules to

All Towing Vessels

The Coast Guard is proposing that

these rules apply to all towing vessels,

not just towing vessels which tow nonself-propelled tank vessels. There were

188 reported fires on towing vessels

from 1992–1996; almost all of which

occurred in the engine room. Each of

these fires was a potential obstruction to

maritime commerce and each resulted

in property damage. Many of these fires

resulted in a total constructive loss of

the vessel, and several required the use

of outside resources to bring under

control. Also, TSAC recommended

application to all towing vessels so that

operators could maintain flexibility over

the cargoes that they may tow.

The Towing Safety Advisory

Committee recommended that these

rules only be applied to vessels which

are 12 meters in length or longer.

However, application only to vessels

which are greater than 12 meters in

length would not meet the intent of the

mandate in the Authorization Act,

which did not make any differentiation

based on vessel length. The

Authorization Act mandated the

installation of fire suppression measures

on vessels which tow non-self-propelled

tank vessels, and vessels which are less

than 12 meters in length could be

engaged in towing tank barges. Also, the

Coast Guard is concerned an engine

room fire which results in loss of

propulsion and navigation capability,

could occur on any towing vessel,

regardless of length.

Requirement for a Suppression System

The Coast Guard is proposing to

require a combination of fire protection

measures. This system would include

the capability to detect small incipient

fires, quickly communicate the presence

of these small fires to the crew, and

suppress these fires before they

jeopardize navigation capability. Also,

the Coast Guard recognizes that proper

preparation and response by vessel crew

is more important than requiring the

installation of additional equipment on

the vessel. Therefore, the Coast Guard is

proposing crew training, both ashore

and afloat, and muster lists to identify

and practice crew fire fighting roles

before a fire emergency.

Although requiring a suppression

system on new and existing vessels

meets the mandate in the Authorization

Act, the Coast Guard does not solely

require the installation of a suppression

system. Gaseous suppression systems

may not be effective on all existing

vessels. A gaseous suppression system

requires a relatively air tight enclosure

to maintain an extinguishing

concentration. Many existing towing

vessels are constructed with engine

rooms that would not be sufficiently air

tight. Furthermore, installation of a total

flooding suppression system may not

meet the intent of the mandate in the

Authorization Act—to prevent

casualties involving barges which are

the result of a loss of propulsion of the

towing vessel. Although a machinery

space fire would result in loss of

propulsion, discharge of a total flooding

suppression system would also result in

loss of propulsion.

The Towing Safety Advisory

Committee conducted a survey of the

towing vessel fleet in conjunction with

developing their recommendations to

the Coast Guard. This survey revealed

that the provisions which would be

required by this rulemaking are

presently installed on most towing

vessels.

Discussion of Proposed Rule

Emergency Control Systems

33 CFR Part 155

The proposed rules in 33 CFR part

155 require an emergency control

system to ensure an adequate response

to prevent a grounding. The Coast Guard

will require only one of three response

measures for tank vessels as mandated

by the Authorization Act. The following

methodologies define what the Coast

Guard will accept as an emergency

control system:

Manned with an operable anchor. To

consider anchoring as a response option

it is first necessary to define the design

and operational capabilities of an

‘‘operable’’ anchor. This was done using

minimum performance standards for inservice operation by the crew. The crew

member is a vital component in the

anchoring system. Training,

maintenance, and inspection provisions

support the operational availability of

the anchoring system. Performance

requirements will be added in 46 CFR

section 32.15–15 and 33 CFR section

155.230.

The Coast Guard believes that

additional requirements are needed in

an anchoring system intended for use as

an emergency response measure because

an emergency often presents higher

stress conditions than routine service

anchoring. One crew member must be

able to deploy the anchor within a

reasonable response time and must

confer with the master in determining

the appropriate length of chain to be

used.
52060 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

The objective of an emergency

anchoring operation is for a drifting

barge to self-anchor in water deep

enough that its stern (presumably the

closest point to shore) will not ground.

This requires that only enough chain be

let out for the anchor to properly imbed

itself (typically 5 to 7 times the water

depth), but no longer length. The Coast

Guard recognizes that not every point

along the barge’s route will necessarily

be far enough from shore to prevent

grounding. However, we believe that

most routes are far enough from shore

for this to be a viable strategy. Crew

members should be trained to deploy

the anchor, and a means for measuring

the proper chain pay-out should be

employed (such as marking the chain).

The length of chain constraint ensures

that excessive chain will not be let out

and allow a grounding as the barge

swings toward shore. We solicit your

comments on whether or not the Coast

Guard should provide more specific

guidance or requirements concerning

emergency anchoring training and

operations.

The constraint on reasonable response

time was added to ensure that control of

the barge is established during the

period of intentional separation

described under the Safety Analysis

section of this preamble. It is important

that the barge is under control before the

developing emergency renders the

towing vessel unable to provide control.

We are considering basing this

performance criteria on casualty

development times. We solicit

comments on what would be a

reasonable response time.

The Coast Guard chose not to include

the recommendation of TSAC for an

operable anchor to be considered as a

viable safety option for an unmanned

barge. Along with the American

Waterways Operators, the Coast Guard

has determined that falls overboard

represent the highest cause of fatalities

in the towing industry. Requiring an

anchor on an unmanned barge

encourages attempted placement of

mariners onto the barge in an emergency

situation. This represents an

unacceptable risk.

The requirements presented only

represent a minimum standard for safe

operation of the anchoring system.

Companies should assess whether more

stringent individual requirements are

necessary to maintain safe practices

under their operational conditions.

Emergency retrieval system. For the

second option, retrieval systems, we

recognize that the conditions in your

operating area will determine the most

effective system for retrieval and that

various acceptable systems exist. The

Coast Guard proposes minimum

performance characteristics to ensure a

reasonable margin of safety.

The training requirements ensure that

one person onboard the towing vessel is

familiar with operation of the retrieval

system and has hands-on experience.

All licensed personnel and crew

members should understand operation

of the system but, because of crew

rotation and operational constraints, it

is not practicable to require that all

personnel have hands-on experience.

The term ‘‘master’’ is used in this

NPRM to be consistent with its

proposed use in Licensing and Manning

for Officers of Towing Vessels (CGD 94–

055) published June 19, 1996 in the

Federal Register (61 FR 31332).

Retrieval drills should not be

conducted with barges containing any

cargo which would pose an

environmental threat in the event of a

mishap.

Safety response measures. Option

three allows us to recognize future

developments in safety response

measures that may provide a

comparable level of safety.

Permissively manned barges.

Permissively manned barges must be

able to meet all operation and

performance requirements of 33 CFR

part 155 and 46 CFR part 32, unless

specifically instructed otherwise by the

cognizant Officer in Charge of Marine

Inspection (OCMI). Since permissively

manned barges operate under

provisional authority of the OCMI, these

requirements should apply on a case by

case basis.

Dual certificated barges. Certain tank

barges may be certificated or load lined

for both manned and unmanned

voyages. As such, they may already be

equipped with an anchoring system.

However, owners/operators may not

rely on the anchor system whenever the

barge sails on an unmanned voyage

(because it would require a tug-to-barge

personnel transfer to operate the

system). For such voyages, the towing

vessel and barge will have to be

equipped with the emergency retrieval

system.

Fire Suppression

46 CFR Part 25

The Coast Guard proposes to revise

table 25.30–10(c) in 46 CFR section

25.30–10(c) to add a listing for B–V

semi-portable extinguishers. The

capacities proposed for the new B–V

entry are consistent with the values

used in other subchapters and currently

available approved equipment. This

modification is necessary because of the

proposed requirement in part 27 for B–

V extinguishers on vessels 24 meters or

longer in length.

46 CFR Part 27

Except as otherwise noted, each of the

proposed requirements in this part was

recommended by TSAC.

If you are an owner of a commercial

towing vessel, your vessel would be

required to comply with requirements

under a newly added part 27. However,

your vessel must meet these

requirements in addition to those found

in other parts of Subchapter C for

towing vessels.

The proposed requirements of this

part minimize the possibility of a fire

affecting the propulsion and navigation

capability of your towing vessel. As a

result of reducing the possibility of such

fires, we expect a decrease in barge

casualties.

We expect this reduction in fires that

cause propulsion loss to be achieved by:

(1) detecting fires while they are small

and by providing means to immediately

alert the crew; (2) providing means to

extinguish or control small fires in a

manner that avoids permanently

disabling operation of the propulsion

machinery; and (3) conducting training

to ensure that personnel are prepared to

engage in fire fighting operations.

Additionally, if your towing vessel is

new, we expect the proposed

requirements to decrease the possibility

of fuel system fires starting in the engine

room.

Most of the provisions proposed in

part 27 address fire fighting equipment

and measures. However, we recognize

fire prevention is more important than

fire fighting and suppression. Proper

housekeeping and maintenance on your

vessel, especially in the engine room,

can help prevent many fires from

starting. You can find guidance on this

issue in the ‘‘Responsible Carrier

Program’’ from the American

Waterway’s Operators under its

partnership with the Coast Guard.

The Coast Guard has decided to apply

this proposed rule to two separate

categories of towing vessels. One

category is for existing vessels and

another category is for new vessels. We

intend for this two-tier approach to

achieve the goals mandated by

Congress, while giving consideration to

the practicality, appropriateness, or cost

effectiveness of installing certain

equipment on existing or small vessels

(i.e. those less than 24 meters (79 feet)).

The 24 meter (79 feet) breakpoint was

proposed by TSAC and corresponds to

a breakpoint used to differentiate

between ‘‘small’’ and ‘‘large’’ vessels in
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52061

the commercial fishing industry vessel

regulations contained in part 28.

Section 27.100. The proposed

applicability of this part is similar to

that used in 33 CFR part 164 concerning

navigation safety equipment for towing

vessels, except these rules apply to all

towing vessels, regardless of length.

Exceptions are similar to those found in

33 CFR part 164, including vessels that

are used solely within a limited

geographic area, are used only for

assistance towing or pollution response,

or are exempted by the OCMI.

Vessels which solely operate within a

limited geographic area were exempted

from the requirements of these rules.

The intent of the Authorization Act

could be interpreted as applying to

vessels which only operate in a limited

geographic area. However, the Coast

Guard believes that the risk of a vessel

which only operates in a limited

geographic area losing control of a barge

is low enough that it is not necessary to

require fire suppression measures.

These vessels would be close enough to

shore or pier facilities that they could

reasonably be expected to control barges

long enough in the event of a fire on the

towing vessel to avoid grounding the

barge. Also, many of these limited

geographic areas such as fleeting or

industrial facilities have multiple

towing vessels operating in a small area;

in the event of a fire on a towing vessel,

another vessel could quickly render

assistance.

Five definitions are proposed in

§ 27.101.

We propose to apply the definition of

towing vessel, as used in the navigation

safety equipment rules in 33 CFR part

164, for this part.

Definitions for new and existing

vessels are proposed to differentiate

between application of the proposed

rules to vessels the construction of

which was contracted for before the

applicability date of these rules and

vessels contracted for after the

applicability date of these rules. These

definitions were derived from the

definitions used for small passenger

vessels in 46 CFR subchapter T.

Contracting date was used instead of

build date to ensure that vessel builders

and designers are allowed the

opportunity to familiarize themselves

with the requirements of these rules

prior to beginning construction.

For the purposes of this proposed

rule, the Coast Guard provided a

definition for the personal pronouns you

and we. You is defined as the owner of

a towing vessel. We is defined as the

United States Coast Guard.

Sections 27.205 and 27.305. We are

proposing that you must ensure a

general alarm system is installed on

your new vessel or on your existing

vessel within two years of the effective

date of these rules. This requirement

would apply to all towing vessels,

regardless of length. A general alarm

provides a means of quickly alerting all

persons on board of a fire so they can

take appropriate suppression actions.

An option for audible or visual alarms

is proposed for existing vessels to allow

for the continued use of existing

systems, although visual alarms are

required in high ambient noise areas,

even if audible alarms were already

installed. However, both audible and

visual alarms are proposed for new

vessels to ensure that the alarm would

be sensed if a person can’t hear audible

alarms (e.g., is wearing headphones

outside the machinery space) or can’t

see visual alarms (e.g., is sleeping,

looking elsewhere.)

The proposed requirements were

derived from the TSAC

recommendations and the requirements

in the commercial fishing industry

regulations contained in 46 CFR section

28.240.

Sections 27.210 and 27.310. We are

proposing that you ensure a fire

detection system is installed in the

engine room on new vessels; and within

two years of the effective date of these

regulations on existing vessels. The fire

detection system provides a means of

detecting a fire in the early stages. TSAC

did not recommend standards for the

fire detection system. The proposed

requirements are based on those

contained in 46 CFR section 76.27,

although they have been modified to

allow for heat or smoke detection and to

account for differences between

passenger vessels and towing vessels.

TSAC recommended continuous

manning be permitted as an alternative

to the requirement for heat or smoke

detectors. However, we have

determined that reliance on human

beings to detect a fire is not as effective

as an automated system, people could

be on rounds, asleep, or otherwise

occupied and not notice the smoke or

fire.

Sections 27.215 and 27.315. We are

proposing that you ensure a

communication system is installed on

your new vessel or within two years of

the effective date of these regulations on

your existing vessel. The

communications system enables

communication between the engine

room and the wheel house. On your

existing towing vessel, the

communication system can be either

fixed or portable; however, if your

towing vessel is new, the

communications system must be a

permanent installation. Some small

vessels may only have an unattended

engine compartment and no occupied

spaces other than the wheel house, and

would not be required to comply with

this section. TSAC did not recommend

standards for the communications

system, so the proposed requirements

were derived from 46 CFR section

113.30.

Sections 27.220, 27.221, 27.320 and

27.321. We are proposing that you

ensure fire pump and fire main systems

are installed on your vessel. Fire pump

and fire main systems are proposed to

augment the capability to suppress

small fires in the engine room before

they jeopardize propulsion capability.

Differing requirements are proposed for

existing and new towing vessels, as well

as vessels 24 meters (79 feet) or longer

in length and those that are less than 24

meters (79 feet) in length. This

differentiation recognizes the space

limitations and the difficulty installing

equipment on smaller existing vessels.

For new and existing vessels 24

meters (79 feet) or longer in length, a

fixed fire pump and fire main system

are proposed. You must ensure the fire

pump and fire main system are capable

of delivering two streams of water at a

flow of 300 liters per minute (80 gpm)

and 344 kPa (50 psi) pressure. If your

vessel is new, the fire pump must be

independent of the bilge and ballast

system. This difference accounts for the

difficulty of installing a new pump on

existing vessels.

Although TSAC recommended

requiring a fixed fire pump and fire

main system on new vessels and within

two years on existing vessels of this

length, they did not recommend a

performance standard for the system.

Therefore, the proposed performance is

based on the requirements contained in

46 CFR section 28.315 for commercial

fishing industry vessels of similar size.

If your new vessel is less than 24

meters (79 feet) in length, a fixed or

portable fire pump is required. If your

existing vessel is less than 24 meters (79

feet) in length, you must ensure a fixed

or portable fire pump is installed within

two years. Since the recommendation

from TSAC did not contain performance

requirements, the proposed performance

requirements are based on those

contained in 46 CFR section 181.300

pertaining to small passenger vessels of

a similar length.

Sections 27.225, 27.325, and 27.326.

We are proposing that you ensure that

additional portable or semi-portable fire

extinguishers are installed on your new

vessel, or on your existing vessel within

two years after the effective date of these

regulations. Differing requirements are
52062 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

proposed for vessels 24 meters (79 feet)

or longer in length and those that are

less than 24 meters (79 feet) in length.

We intend for these extinguishers to

suppress a fire in the engine room prior

to the fire jeopardizing propulsion or

navigation capability.

For vessels 24 meters (79 feet) or

longer in length, a B–V semi-portable

fire extinguisher is proposed. For

vessels less than 24 meters (79 feet) in

length, a B–III semi-portable

extinguisher is proposed.

An option for a fixed extinguishing

system is proposed as an alternative on

existing vessels. If you previously

installed a fixed system that meets the

requirements of 46 CFR section 76.15,

you will not be required to install

additional equipment. This option is

also available on new vessels less than

24 meters (79 feet) in length. However,

a fixed extinguishing system is

proposed as a requirement for new

vessels 24 meters (79 feet) or longer in

length.

Sections 27.230 and 27.340(f). We

propose requiring the installation of a

remote engine shutdown or fuel shutoff

for existing vessels within two years of

the effective date of these regulations.

We propose requiring the installation of

a remote fuel shutoff for new vessels. A

fuel shutoff or an engine shutdown is

proposed for controlling a fire within

the engine room to prevent permanent

loss of propulsion capability. A fuel

shutoff is the preferred installation

because the flow of fuel into the engine

room is stopped in the event of a fire.

However, an engine shutoff is also

acceptable for existing vessels in

recognition of fuel piping arrangements

that make installing a fuel shutoff valve

impractical.

Section 27.340. We are proposing fuel

system standards for new vessels. These

requirements are not applicable to

existing vessels because of the possible

difficulty in applying these standards to

existing installations.

An analysis we conducted on towing

vessel casualties occurring between

1992 and 1995 indicated that

approximately 40 percent of all towing

vessel fires involve a fuel system failure.

By applying minimum standards to the

fuel systems on towing vessels, the

number of fires should decrease. The

proposed rules are based on the

requirements contained in 46 CFR

section 28.335 for commercial fishing

industry vessels.

Portable fuel systems would be

prohibited, except where used for

portable bilge pumps or outboard

engines. This prohibition would not

apply to fuel tanks which are

permanently attached to portable

equipment, such as portable fire pumps.

Portable fuel tanks are proposed to be

prohibited to eliminate potential fuel

spills resulting from tanks being

knocked over, fuel lines severed or

worn, etc. Where used, portable fuel

tanks would be required to meet the

requirements of American Boat and

Yacht Council (ABYC) H–25, ‘‘Portable

Fuel Systems and Portable Containers

for Flammable Liquids.’’

Fuel restrictions are proposed to

lower the fire and explosion hazard in

machinery spaces by limiting fuels used

to those which have a high flash point.

Since Bunker C is often heated to lower

its viscosity and make it easier to pump,

installations would be required to meet

subchapter F. Other fuels, for example

compressed natural gas, could be used

where accepted by Commandant (G–

MSE).

Vent pipe requirements are proposed

to prevent overpressurization during

filling.

Fuel piping is proposed to be required

to be at least 0.9 millimeters (0.035

inches) in thickness, seamless, and

constructed of steel, annealed copper,

copper-nickel, or nickel-copper.

Aluminum piping, with its relatively

low melting point, would be permitted

outside of machinery spaces. Also,

flexible piping would be permitted in

short lengths to provide flexibility in

fuel lines, for example where a fuel line

connects to an engine. These

requirements are proposed to ensure

piping is relatively robust.

Instead of the fuel piping

requirements of this section, vessels

which are less than 24 meters in length

would be permitted to meet either

ABYC H–33, ‘‘Diesel Fuel Systems’’,

chapter 5 of National Fire Protection

Association (NFPA) 302, ‘‘Pleasure and

Commercial Motor Craft’’ or 33 CFR

Subchapter S, ‘‘Boating Safety’’, since

the requirements of these standards are

appropriate for smaller vessels.

Section 27.230 and 27.345. We are

proposing that you ensure a fire axe is

on board your new vessel, or is on board

your existing vessel within 90 days after

the effective date of this regulation. The

fire axe should speed up entry into

enclosed spaces for fire fighting efforts.

Section 27.240 and 27.350. We are

proposing that you ensure a muster list

is developed within 90 days of the

effective date of this regulation. The

requirement for a muster list addresses

the human element in marine casualties

by identifying crew responsibilities and

fire fighting procedures before a fire

emergency. By identifying

responsibilities and procedures before a

fire emergency, the crew should be more

efficient and timely in initiating fire

fighting efforts. This increased

efficiency should increase the

likelihood that a small fire can be

suppressed before propulsion and

navigation capabilities are jeopardized.

You must ensure that the fire and

emergency signal and the fire fighting

responsibilities of all personnel are

included on the muster list.

The requirement for a muster list was

recommended by TSAC; however, the

recommendation did not contain

specific criteria for the muster list. The

proposed criteria for the muster list are

derived from those found in the

commercial fishing industry vessel

regulations in 46 CFR section 28.270.

Section 27.245 and 27.355. We are

proposing that you ensure instruction,

drills, and safety orientations are

conducted in accordance with these

sections. The towing vessel master or

person-in-charge, or other qualified

person may actually conduct the

training mentioned above. These

requirements should improve fire

fighting capabilities of the vessel crew

by ensuring they are prepared for fire

emergencies. Increased efficiency will

improve the chances of suppressing

small fires before propulsion and

navigation capabilities are endangered.

We are proposing that you ensure all

drills and instruction are conducted at

least once a month. In addition to

ensuring that fire fighting evolutions are

regularly practiced and equipment is

regularly used, the proposed

requirements will ensure training covers

the contents of the muster list.

The proposed instruction requirement

could be met in conjunction with drills

or by other means, such as viewing

videotapes. If the instruction is given

during the course of a drill, it could

cover one of the drilled topics in depth,

such as fighting fires involving

propulsion machinery, use of fire

extinguishers, use of the fire main, etc.

Also, the instruction could be given in

conjunction with other company

functions such as picnics, dinners, etc.

The recommendations of TSAC refer

to the Navigation and Vessel Inspection

Circular 6–91, containing international

guidelines. However, towing vessels

more closely resemble fishing industry

vessels than vessels which travel

internationally. Therefore, the proposed

requirements are based on the

requirements for commercial fishing

industry vessels contained in 46 CFR

section 28.270.

Enforcement of the requirements

proposed in Part 27. Towing vessels are

typically uninspected. No new

inspection program is proposed for

these vessels. Compliance with these

rules will be the responsibility of vessel
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52063

owners, and would only be spotchecked

by the Coast Guard during vessel

boardings.

Support for Emergency Control Systems

TSAC Recommendations

As required by the Authorization Act,

we developed our regulations in

consultation with TSAC. They agreed

that the most appropriate way to

address the problem of barges and tugs

separating during transit is to consider

methods that prevent the separation

from occurring, and should separation

occur, actions that might be taken to

prevent the barge from drifting ashore.

They noted that the key link between

the tug and the barge is the tow line. To

prevent the units from separating, tow

wire maintenance and voyage planning

analysis must be factored into every

voyage. We have already given guidance

for tow wire maintenance in the

Navigation and Vessel Inspection

Circular (NVIC) 5–92, entitled

Guidelines for Wire Rope Towing

Hawsers. TSAC recommended that we

provide guidance in the area of voyage

planning through the development of

another NVIC. For details of their

recommendation, see the voyage

planning section of this preamble. The

suggested NVIC will be developed in

conjunction with this rulemaking.

TSAC also recommended that

regulatory measures require two of three

response measures for unmanned

barges:

(1) An operable anchor system on the

barge that should:

(a) Be of appropriate size for the

barge;

(b) Be deployed at least once per

quarter;

(c) Have a functioning means for

releasing the anchor that does not

endanger operating personnel; and

(d) Be inspected prior to getting

underway. This inspection should

ensure that all devices required to

release and drop the anchor are

operational;

(2) Each tug should carry a backup

towline/hawser onboard, sized for the

bollard pull of the towing vessel, that

can be readily deployed with the barge’s

emergency towline; and

(3) Each tug should carry a backup

towline/hawser onboard, sized for the

bollard pull of the towing vessel, that

can be readily deployed with the hook

retrieval device.

As explained previously in this

preamble, the Coast Guard proposes to

require only one of three response

measures for tank vessels as mandated

by the Authorization Act.

TSAC also provided their

recommendations to the Regional Risk

Assessment Team (RRAT), in New

England, that formed to provide safety

recommendations following the

grounding and oil spill of the tank barge

NORTH CAPE on January 19, 1996, off

Moonstone Beach on the Rhode Island

coast.

Regional Risk Assessment Team

The Regional Risk Assessment Team,

composed of representatives from the

public and private sectors, developed

recommendations for the First Coast

Guard District. They provided these

recommendations to the Assistant

Commandant for Marine Safety and

Environmental Protection on June 19,

1997, with the intent that the

recommendations be used when

drafting these rules. The Coast Guard

considered both the statutory mandate

and the recommendations from TSAC

and the RRAT in developing these rules.

Certain elements of the RRAT

recommendation were excluded from

the rule. One such recommendation

included both an anchor and a retrieval

system on a tank barge. The

Authorization Act provided that one

method or another may be used and the

Coast Guard decided that requiring both

an anchor and a retrieval system would

impose unwarranted costs on the

industry. Other sections of RRAT either

are or have been addressed in other

rulemakings or exceeded the scope of

the rulemaking. The RRAT report is

available in the docket for this

rulemaking.

Voyage Planning Analysis

We request comments on principles of

voyage planning for development of a

NVIC. As stated in the recommendation

of TSAC, voyage planning is an

essential element of prevention and has

the potential to interrupt the accident

chain at its earliest links.

TSAC recommended that voyage

planning analysis should include the

following:

(1) Companies should have

documented policies and procedures in

place to address decision making

criteria related to risk and route analysis

of voyages. Company management

should ensure that the following items

have been considered:

(a) Current and long range (72 hour

where available) weather forecasts;

(b) ‘‘Stay at sea vs. Come in to harbor’’

policy decisions under adverse weather

and sea conditions (this should include

consideration of crew experience and

training); and

(c) Equipment size, suitability, special

equipment needs, and manning under

given weather conditions.

(2) Companies should establish a

culture evidenced by formally

conveyed, documented policies and

procedures stressing that safe transit of

people and equipment is paramount and

takes precedence over meeting

schedules and financial considerations.

Management should ensure these

policies permeate operations via

personnel training and management

support.

The RRAT specified the minimum

contents of a voyage plan to include:

(1) type and volume of cargo

transported;

(2) navigation charts for the intended

route, applicable extracts from

publications including Coast Pilot,

Coast Guard Light List, and Coast Guard

Local Notice to Mariners for the area;

(3) applicable current and forecasted

weather conditions for the duration of

the voyage including visibility, wind,

and sea state;

(4) extracts from tide and tidal current

tables;

(5) forward and aft drafts for the tank

barge;

(6) under-keel and air clearances for

the port and/or berthing area;

(7) pre-departure checklists to ensure

that the vessel is ready for the voyage;

(8) intended speed and estimated time

of arrival at the anticipated waypoints;

(9) communication contacts at Vessel

Traffic Service, bridges, facilities and

VHF requirements specified to the port;

and

(10) master’s standing orders for

closest points of approach, special

conditions, and critical maneuvers.

Safety Analysis

Risk is a function of the consequence

of an event and the likelihood of that

event’s occurrence. Safety measures

aimed at reducing high risk events can

be grouped as either prevention or

response. Preventive measures interrupt

the accident chain early in the sequence

of events, usually when the likelihood

of an undesired consequence is low.

Response measures reduce undesired

consequences when the likelihood of an

incident becomes high or once the

incident has occurred. Risk analysis

tools help determine the appropriate

measures that should be used in given

scenarios.

In each scenario, the failure mode is

a barge running aground. The undesired

consequences are potentially serious

injury to personnel, environmental

damage from spilled cargo, and

economic costs resulting from damage

to vessels and equipment.

Three possible incident scenarios

were considered. They were developed

assuming a fully loaded barge, since this
52064 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

is the highest consequence condition.

These scenarios occur under reasonably

foreseeable sea conditions. The first two

scenarios occur late in the accident

chain when the likelihood of an

incident is high. This limits the analysis

to response measures.

The first scenario involves a barge

intentionally separated under

developing emergency conditions. The

intentional separation may allow the

towing vessel to slow and take the way

from the barge before releasing control.

Under these conditions, a crew member

on board the barge can deploy a

conventional anchor to keep the barge

from drifting into shore and grounding.

The second scenario results when a

towing vessel loses control of a barge

because of a ruptured tow line or tow

wire. The loss of control is

unintentional and immediate and will

result in run-away conditions for the

barge. A towing vessel with a retrieval

system able to regain control of the

barge is the safest response measure for

these conditions. A conventional anchor

is not capable of stopping a barge with

appreciable momentum. Deployment

will probably result in damage to the

vessel and increase the likelihood of

injury to the crew or damage to the

environment. However, the presence of

a crew member on the barge may

facilitate the use of other means to

regain control of the barge.

The last scenario involves a disabled

towing vessel that has lost control of an

unmanned barge. These conditions are

similar to those experienced in the

NORTH CAPE incident. In this case,

only outside assistance can mitigate the

consequences. Preventive measures

taken by the towing vessel to avoid this

scenario are the only reasonable

alternative. The fire prevention

measures in this rule address one of the

most likely events which will disable a

towing vessel underway. Vessel owners

are cautioned that fires are not the only

failure mode which can disable the

vessel. Vessels towing unmanned barges

should take all reasonable precautions

to avoid finding themselves in such

circumstances.

Incorporation by Reference

Material that would be incorporated

by reference is noted as follows: ABYC

H–25 in § 27.340(b); and, ABYC H–33

and Chapter 5 of NFPA 302 in

§ 27.340(g). The material is available for

inspection where indicated under

ADDRESSES. Copies of the material are

available from: ABYC, 3069 Solomon’s

Island Road, Edgewater, Maryland

21037; and, NFPA, 1 Batterymarch Park,

Quincy, Massachusetts 02269.

Before publishing a binding rule, the

Coast Guard will submit this material to

the Director of the Federal Register for

approval of the incorporation by

reference.

Regulatory Evaluation

This proposed 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, l979).

A draft Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is available in

the docket for inspection or copying

where indicated under ADDRESSES. A

summary of the Evaluation follows:

Summary of Benefits

The principal benefits of this

proposed rule are reduced

environmental damage and human

casualties and environmental damage

caused by tank barge groundings

resulting from a loss of propulsion or

tow line rupturings between a towing

vessel and a tank barge. The quantifiable

benefits will accrue in the following

areas: avoided vessel and property

damage, avoided injuries, avoided

deaths and missing persons, and

avoided pollution. We realize the

measures of the proposed rule will not

prevent all pollution, injuries, and

damage. Reality dictates that human

error and environmental conditions will

result in future casualties, regardless of

the new regulations. Further, much of

the required equipment is reactive, not

preventative, in nature and will not

eliminate fires or breakaways altogether.

Therefore, an effectiveness range of

avoided costs (benefits) was determined

for both fire protection and emergency

control systems.

Using Coast Guard Marine Safety

Management System database

information from the last 5 years,

casualty information was reviewed for

the 172 cases indicating that fires broke

out on towing vessels. The casualty

information was also reviewed for the

22 cases indicating a towing wire

rupture, which led to a break away tank

barge. The estimated benefit for each

measure was calculated by reviewing

the casualty report and assessing if the

casualty could have been prevented

through the proposed equipment. The

actual amounts of oil spilled, the

number of deaths and injuries, and the

actual dollar amount of damage done to

the vessel, pier, or other structures were

tabulated.

The assessment indicated that over

the 17 year period of the analysis (1997

dollars), the fire suppression

requirements will result in benefits in

an effectiveness range of $45.4 million

to $68.2 million in avoided vessel and

property damage; an effectiveness range

of $5.3 million to $7.9 million in

avoided injuries; an effectiveness range

of $2.6 million to $4.0 million in

avoided deaths and missing persons;

and an effectiveness range of 811,736 to

1.2 million gallons of unspilled oil.

During the period of time preceding the

phaseout of single hull tank vessels

(4115 (a) of OPA 90), the emergency

control system requirements will result

in benefits in a range of $190,301 to

$285,452 in avoided vessel and property

damage (1997 dollars); and a range of

11,529 to 17,293 gallons of unspilled

oil.

There are other societal benefits. For

example, it is impossible to statistically

quantify or assess a dollar value for the

preservation of the environment’s

integrity. Although these benefits are

significant, we cannot quantify them

from the available data.

If the new equipment is effective on

the low end of the range, the total

benefits are $53.6 million for avoided

vessel and property damage, injuries,

deaths, and missing persons and

823,146 gallons (20,582 barrels) of

unspilled oil; if the equipment is

effective on the high end of the range,

the total benefits are $80.4 million for

avoided vessel and property damage,

injuries, deaths, and missing persons

and 1.3 million gallons (30,872 barrels)

of unspilled oil.

Summary of Costs

The present value of the one-time

costs to the towing and barge industries

of installing the required fire

suppression and anchoring equipment

is just over $19 million. This estimate is

based on Coast Guard research, as well

as a TSAC questionnaire that identified

the proportion of vessels without the

necessary equipment installed.

On average, if you own a towing

vessel less than 24 meters (79 feet) in

length, you will incur a cost of $2,300

to install the equipment. If you own a

vessel 24 meters (79 feet) or longer in

length, you will incur an installation

cost of $3,500. These anticipated costs

recognize that most of the proposed

requirements of this rulemaking are

presently installed on most towing

vessels. For vessels which do not have

any of the equipment proposed by this

rulemaking, the costs for a towing vessel

which is less than 24 meters in length
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52065

would be approximately $11,000, and

the cost for a vessel which is 24 meters

(79 feet) or longer in length would be

approximately $21,000.

These costs assume that the vessel

crew conducts a 1⁄2 hour annual

inspection of the detection system,

engine shutdown, and fire pump/fire

main system. These costs assume no

maintenance will be required in

conjunction with these annual

inspections, which would be expected if

quality equipment is used and properly

installed, which the estimated

installation costs reflect. No recurring

costs were calculated for the general

alarm, communications system, fire axe,

station bill, or fire drills and training.

No costs are anticipated for these

requirements expected since theyse are

either expected to be equipment

typically used on a regular basis, items

that normally do not expected to need

maintenance, or, in the case of fire drills

and training, be activities conducted

during the course of normal activities

operations. Also, these costs assume

that a professional servicing firm is

contracted annually to inspect, test, and

maintain the fire extinguishers or fire

extinguishing system, whichever is

installed.

If your vessel is one of the few not

currently meeting one of the anchoring

or retrieval requirements, you will incur

installation costs estimated at $5,000. In

the following years, there will be a

reoccurring annual maintenance,

inspection, and repair costs of $55.00

per vessel (1997 dollars).

The total costs of this program are the

combination of the industry and

governmental costs. The total present

cost of this program (1997 dollars) is

$26.0 million ($19.4 million initial

industry cost + $5.5 million reoccurring

industry costs + $1.1 million

government costs). Spread out over the

17 years of this rule analysis, the annual

costs are $1.5 million in 1997 dollars.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), (Pub L.

104–4, 109 Stat. 48), requires Federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments, and the private

sector. Under sections 202 and 205 of

the UMRA, the Coast Guard generally

must prepare a written statement of

economic and regulatory alternatives for

proposed and final rules that contain

Federal mandates. A ‘‘Federal

mandate,’’ is a new or additional

enforceable duty, imposed on any State,

local or tribal government, or the private

sector. If any Federal mandate causes

those entities, to spend, in the aggregate,

$100 million or more in any one year

the UMRA analysis is required.

This action does not impose Federal

mandates on any State, local or tribal

governments. This action does impose

Federal mandates on the private sector.

However, the requirements in this

proposed action will not result in

annual expenditures of $100 million or

more. Therefore, sections 202 and 205 of

the UMRA do not apply.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considers whether this proposed rule, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small businesses, notfor-profit organizations that are

independently owned and operated and

are not dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

An Initial Regulatory Flexibility

Analysis discussing the impact of this

proposed rule on small entities is

available in the docket for inspection or

copying where indicated under

ADDRESSES.

We are also proposing a two year

phase in for most of the requirements.

This will allow small entities to explore

the market, plan and schedule

installations during normal downtime

periods, and would provide some

flexibility and accommodation for those

affected by the rulemaking.

Use of the proposed equipment is

presently virtually a voluntary industry

standard, and vessels without the

equipment are the exception, not the

norm. The costs of this proposal would

consist of those incurred by the

marginal operators to achieve

compliance. If you have to purchase and

install the equipment, the costs are low

in comparison to the value of your

towing vessel and the costs associated

with damage caused by an accident and

a resultant spill.

We certify that this proposed

rulemaking will not result in a

significant economic impact on a

substantial number of small entities.

There are exemptions for: certain yard

and fleeting craft, pollution response

towing vessels, and rescue and

assistance towing vessels from this

rulemaking. Furthermore, a large

number of vessels are already in

compliance, and we provided phase-in

periods for several provisions.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121,

110 Stat. 847), the Coast Guard wants to

assist small entities in understanding

this proposed rule so that they can

better evaluate its effects on them and

participate in the rulemaking process. If

your small business or organization is

affected by this rule and you have

questions concerning its provisions or

options for compliance, please contact

Morgan J. Hurley, P.E., (Fire Protection)

(202) 267–0172 or E-mail

<mhurley@comdt.uscg.mil≤; LTJG Pat

DeShon, (Emergency Control Systems)

(202) 267–0864 or E-mail

<pdeshon@comdt.uscg.mil>.

Collection of Information

The proposed rule provides for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). As defined in 5

CFR section 1320.3(c), ‘‘collection of

information’’ includes reporting,

recordkeeping, monitoring, posting,

labeling, and other, similar actions. The

title and description of the information

collections, a description of the

respondents, and an estimate of the total

annual burden follow. Included in the

estimate is the time for reviewing

instructions, searching existing sources

of data, gathering and maintaining the

data needed, and completing and

reviewing the collection.

Title: Towing Vessel Safety.

Summary of the Collection of

Information: This proposal contains

collection-of-information requirements

in the following sections: 46 CFR

sections 27.240 and 27.350.

OMB Control No.: 2115–0628.

Administration: U.S. Coast Guard.

Title: Navigation Safety Equipment for

Towing Vessels.

Need for Information: Preparation of

muster lists (station bills) are intended

to provide both an effective plan for

assigning vessel personnel stations and

duties to perform in the event of an

emergency and a quick visual reference

which a crew member can view to find

out where to go in emergency situations.

To prepare and post these documents,

an amendment to existing OMB Control

No. 2115–0628 is required.

Burden of Response: It is estimated

that masters or persons in charge of

towing vessels will expend the

following personnel hours to prepare

and post muster lists:

• Review NVIC 7–82 (sample format

of vessel station bill): 1⁄4 hour

• Prepare a muster list and post it on

the vessel: 2 hours

Number of Respondents: Masters or

persons in charge of affected towing

vessels operating in U.S. navigable

waters.
52066 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

Estimated Total Annual Burden: We

estimate that the following annual hours

are required to complete the

recordkeeping required by this proposal:

• Towing vessels—3,300 hours to

develop and post muster lists (we

estimate only 20% of vessels affected do

not presently have completed muster

lists posted).

• Coast Guard—62 hours for check

that muster lists are completed and

posted on vessels as required (we

estimate 10% of affected vessels

checked annually).

As required by section 3507(d) of the

Paperwork Reduction Act of 1995, the

Coast Guard has submitted a copy of

this proposed rule to the Office of

Management and Budget (OMB) for its

review of the collection of information.

The Coast Guard solicits public

comment on the proposed collection of

information to (1) Evaluate whether the

information is necessary for the proper

performance of the functions of the

Coast Guard, including whether the

information would have practical

utility; (2) evaluate the accuracy of the

Coast Guard’s estimate of the burden of

the collection, including the validity of

the methodology and assumptions used;

(3) enhance the quality, utility, and

clarity of the information to be

collected; and (4) minimize the burden

of the collection on those who are to

comply, as by providing additional

guidance in the preparation of muster

lists or suggesting suitable alternatives.

Persons submitting comments on the

collection of information should submit

their comments both to OMB and to the

Coast Guard where indicated under

ADDRESSES by the date under DATES.

Persons are not required to respond to

a collection of information unless it

displays a currently valid OMB control

number. Before the requirements for this

collection of information become

effective, the Coast Guard will publish

notice in the Federal Register of OMB’s

decision to approve, modify, or

disapprove the collection.

Federalism

The Coast Guard has analyzed this

proposed rule under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed rule does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

There is the possibility that this

rulemaking will result in federal

regulations that preempt portions of

state law on towing vessels and tank

barges. For instance, on June 30, 1997,

the State of Rhode Island enacted a State

law entitled the ‘‘Oil Spill Pollution

Prevention and Control Act.’’ That Act

promulgated the recommendations of

the RRAT. The recommendations of the

RRAT and the provisions of the Rhode

Island State law cover areas that are

addressed by the applicable provisions

in the Coast Guard Authorization Act of

1996 or the measures in this proposed

rule. Consequently, when these rules are

published as final and go into effect,

they may preempt certain provisions of

the Rhode Island State law, or other

State laws, that differ from or exceed

Coast Guard regulations. A complete

preemption analysis will be conducted

in conjunction with publication of the

Final Rule, which may reflect changes

from this proposal because of comment

by the public.

Environment

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under

paragraph 2.B.2.e.(34) (c) and (d) of

Commandant Instruction M16475.lB,

this proposed rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects

33 CFR Part 155

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements.

46 CFR Part 25

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements.

46 CFR Part 27

Fire prevention, Marine safety,

Reporting and recordkeeping

requirements, Vessels.

46 CFR Part 32

Cargo vessels, Fire prevention, Marine

safety, Navigation (water), Occupational

safety and health, Reporting and

recordkeeping requirements, Seamen.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 155, and 46 CFR

parts 25 and 32, and to add 46 CFR part

27, as follows:

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155

and the note following it are revised to

read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715, 3719; sec. 2, E.O. 12777, 56 FR

54757, 3 CFR, 1991 Comp., p. 351; 49 CFR

1.46.

Sections 155.110–155.130, 155.350–

155.400, 155.430, 155.440, 155.470, 155.1030

(j) and (k), and 155.1065(g) also issued under

33 U.S.C. 1903(b); and §§ 155.1110–155.1150

also issued under 33 U.S.C. 2735.

Note: Additional requirements for vessels

carrying oil or hazardous materials are

contained in 46 CFR parts 30 through 36,

150, 151, and 153.

2. Revise § 155.230 to read as follows:

§ 155.230 Emergency control systems for

tank barges.

(a) Application. This section applies

to tank barges and vessels towing them

on the territorial sea, high seas [these

waters are defined in part 2 of this

chapter], or in Great Lakes service.

(b) Safety program. The vessels

described in paragraph (a) of this

section must use at least one of the three

following response measures:

(1) Measure 1. Barges may be manned

and equipped with an operable anchor

system as required by 46 CFR 32.15–15.

Because the anchoring system is also to

be used as the emergency control

system, the owner of the vessel towing

a manned barge must ensure that—

(i) Operation and performance. The

anchor is ready to be deployed by one

person within a reasonable response

time and that the operator of the

anchoring system confers with the

vessel master regarding appropriate

length of chain to be used.

(ii) Maintenance and inspections.

Anchors, chains, and hawsers must be

inspected at the time of class survey or

inspection for certification. Scope of the

inspection must include the operation

and performance criteria described in

paragraph (b)(1)(i) of this section.

(iii) Training. All barge crew members

must be thoroughly familiar with the

operation of the anchor.

(2) Measure 2. Vessels described in

paragraph (a) may use an emergency

retrieval system that includes—

(i) Design. An emergency tow wire or

tow line with the same towing

characteristics as the primary tow wire

or tow line. The emergency tow wire or

tow line must be available on either the

barge or the vessel towing it. In

addition, equipment to regain control of

the barge and continue towing (using

the emergency tow wire or tow line)

without having to place personnel on

the barge must be available on the

towing vessel.

(ii) Operation and performance. A

stowage arrangement that ensures the

emergency tow wire or tow line is ready

for immediate use in an emergency, and

all retrieval equipment is readily

available throughout the voyage.

(iii) Maintenance and inspection. The

emergency towing and retrieval system
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52067

must be inspected annually or at the

time of class survey or inspection for

certification. The inspection must test

the availability of the retrieval system

and verify maintenance of the

emergency tow wire or tow line.

(iv) Training. Towing vessel masters

shall conduct a retrieval drill annually.

Drills must include actual operation of

retrieval systems but should be

conducted so as to minimize risk to

personnel and the environment.

(3) Measure 3. Vessels described in

paragraph (a) that do not meet the

requirements of paragraphs (b)(1) or

(b)(2) must use another measure,

system, or combination of measures,

approved by the Commandant (G-MSE),

that provides protection against

grounding of the tank vessel comparable

to that provided by the systems and

measures described in paragraphs (b)(1)

or (b)(2).

46 CFR PART 25—REQUIREMENTS

3. The authority citation for part 25 is

revised to read as follows:

Authority: 33 U.S.C. 1903(b); 46 U.S.C.

3306, 4102, 4302; 49 CFR 1.46.

4. In § 25.30–10, revise paragraph (c)

and Table 25.30–10(c) to read as

follows:

§ 25.30–10 Hand portable fire

extinguishers and semiportable fire

extinguishing systems.

* * * * *

(c) The number designations for size

start with ‘‘I’’ for the smallest to ‘‘V’’ for

the largest. Sizes I and II are considered

hand portable fire extinguishers and

sizes III and V are considered semiportable fire extinguishing systems,

which must be fitted with suitable hose

and nozzle or other practical means so

that all portions of the space concerned

may be covered. Examples of the size

graduations for some of the typical hand

portable fire extinguishers and semiportable fire extinguishing systems are

set forth in this table.

TABLE 25.30–10(C)

Classification Foam, liters

(gallons)

Carbon dioxide, kilograms

(pounds)

Dry chemical,

kilograms

(pounds)

B–I ................................................................................................................................................ 6.5 (13⁄4) 2 (4) 1 (2)

B–II ............................................................................................................................................... 9.5 (21⁄2) 7 (15) 4.5 (10)

B–III .............................................................................................................................................. 45 (12) 16 (35) 9 (20)

B–V ............................................................................................................................................... 150 (40) 45 (100) 23 (50)

5. Add part 27, consisting of §§ 27.100

through 27.355, to read as follows:

PART 27—TOWING VESSELS

Subpart A—General Provisions for Fire

Protection on Towing Vessels

Sec.

27.100 What towing vessels are affected by

this part?

27.101 Definitions.

Subpart B—If the Construction of a

Towing Vessel Was Contracted Before

[Date 90 Days After the Effective Date

of the Final Rule], What Are the

Required Fire Suppression Measures?

27.200 What are the requirements for an

existing towing vessel?

27.205 What are the general alarm system

requirements for an existing towing

vessel?

27.210 What are the fire detection

requirements for an existing towing

vessel?

27.215 What are the internal

communication requirements for an

existing towing vessel?

27.220 If an existing towing vessel is 24

meters (79 feet) or longer in length, what

are the fire pump, fire main, and fire

hose requirements?

27.221 If an existing towing vessel is less

than 24 meters (79 feet) in length, what

are the fire pump and fire hose

requirements?

27.225 What type of portable fire

extinguishers are required on an existing

towing vessel, in addition to the

requirements of 46 CFR subpart 25.30?

27.230 What are the remote engine

shutdown or fuel shutoff requirements

for an existing towing vessel?

27.235 Is a fire axe required on an existing

towing vessel?

27.240 What are the muster list

requirements on an existing towing

vessel?

27.245 What are the requirements for the

instruction, drills, and safety

orientations conducted on an existing

towing vessel?

Subpart C—If the Construction of a Towing

Vessel Was Contracted After [Date 90 days

from After the Effective Date of the Final

Rule], What are the Required Fire

Suppression Measures?

27.300 What are the requirements for a new

towing vessel?

27.305 What are the general alarm system

requirements for a new towing vessel?

27.310 What are the fire detection

requirements for a new towing vessel?

27.315 What are the internal

communication requirements a new

towing vessel?

27.320 If a new towing vessel is 24 meters

(79 feet) or longer in length, what are the

fire pump, fire main, and fire hose

requirements?

27.321 If a new towing vessel is less than

24 meters (79 feet) in length, what are

the fire pump and fire hose

requirements?

27.325 If a new towing vessel is 24 meters

or longer in length, what type of fire

extinguishing equipment is required, in

addition to the requirements of 46 CFR

subpart 25.30?

27.326 If a new towing vessel is less than

24 meters in length, what type of fire

extinguishing equipment is required, in

addition to the requirements of 46 CFR

subpart 25.30?

27.340 What are the fuel system

requirements for a new towing vessel?

27.345 Is a fire axe required on a new

towing vessel?

27.350 What are the muster list

requirements on a new towing vessel?

27.355 What are the requirements for the

instruction, drills, and safety

orientations conducted on a new towing

vessel?

Authority: (46 U.S.C. 3306, 4102) Pub. L.

104–324, 110 Stat. 3901; 49 CFR 1.46.

Subpart A—General Provisions for Fire

Protection on Towing Vessels

§ 27.100 What towing vessels are affected

by this part?

(a) You must comply with this part if

your towing vessel operates on the

navigable waters of the United States,

unless your towing vessel is described

in paragraph (b) of this section.

(b) This part does not apply to you if

your towing vessel is—

(1) Used solely within a limited

geographic area, such as a fleeting-area

for barges or a commercial facility, and

used solely for restricted service, such

as making up or breaking up larger tows;

(2) Used solely for assistance towing

as defined by 46 CFR 10.103;

(3) Used solely for pollution response;

or,

(4) Exempted by the Captain of the

Port (COTP). If you think your towing
52068 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

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 exemption.

The COTP will consider the extent of

unsafe conditions that would result if

your towing vessel lost propulsion as a

result of an engine room fire.

§ 27.101 Definitions.

As used in this part—

Existing vessel means a towing vessel

that is not a new towing vessel.

New vessel means a towing vessel the

initial construction of which was

contracted for on or after [date 90 days

from after the effective date of the final

rule.]

Towing vessel means a commercial

vessel engaged in, or intending to

engage in, pulling, pushing, or hauling

alongside, or any combination of

pulling, pushing, or hauling alongside.

We means the United States Coast

Guard.

You means the owner of a towing

vessel, unless otherwise specified.

Subpart B—If the construction of a

towing vessel was contracted before

[date 90 days after from the effective

date of the final rule], what are the

required fire suppression measures?

§ 27.200 What are the requirements for an

existing towing vessel?

You must ensure your towing vessel

described in § 27.100(a) complies with

§§ 27.205 through 27.245.

§ 27.205 What are the general alarm

system requirements for an existing towing

vessel?

(a) By [date 2 years after the effective

date of the final rule], you must ensure

your towing vessel is fitted with an

audible or visual general alarm system

that—

(1) Has a contact-maker at the

operating station that can notify persons

on board in the event of an emergency.

(2) Is capable of notifying persons in

any accommodation or work space.

(3) In a work space where background

noise makes a general alarm system

hard to hear, has a flashing red light that

is identified with a sign that reads:

(i) Attention.

(ii) General Alarm—When Alarm

Sounds or This Light Flashes Go to Your

Station.

(4) Is tested at least once each week.

(b) You may use a public address

system or other means of alerting all

persons on your towing vessel instead of

a general alarm system, provided the

equipment is capable of notifying

persons in any accommodation or work

space or the engine room, is tested at

least once each week, and can be

activated from the pilot house.

§ 27.210 What are the fire detection

requirements for an existing towing vessel?

By [date 2 years after the effective

date of the final rule], a fire detection

system must be installed on your

existing towing vessel to protect the

engine room. You must ensure that—

(a) The detectors are located on the

overhead in the engine room and that

they are suitably protected, if they can

be physically damaged.

(b) All points on the engine room

overhead are within 3 meters (10 feet)

of a detector.

(c) The system is arranged and

installed so a fire in the engine room

automatically alarms visibly and

audibly in the pilot house.

(d) Detectors, detecting cabinets, and

alarms are approved under 46 CFR

161.002.

(e) Heat detectors are rated between

57 and 74 degrees Celsius (135 and 165

degrees Fahrenheit). In spaces where a

high ambient temperature may be

expected, detectors must be rated

between 74 and 107 degrees Celsius

(165 and 225 degrees Fahrenheit).

(f) The fire detection system is used

for no other purpose.

§ 27.215 What are the internal

communication requirements for an

existing towing vessel?

By [date 2 years after the effective

date of the final rule], you must ensure

your existing towing vessel is fitted with

a communication system between the

engine room and wheel house that—

(a) Is comprised of either fixed or

portable equipment, such as a soundpowered telephone or other reliable

voice communication method, that is

independent of the electrical system on

your towing vessel; and

(b) Provides two-way voice

communication and calling between the

pilot house and either—

(1) The engine room, or

(2) A location immediately adjacent to

an exit from the engine room.

§ 27.220 If an existing towing vessel is 24

meters (79 feet) or longer in length, what

are the fire pump, fire main, and fire hose

requirements?

By date 2 years after the effective date

of the final rule], you must ensure a self

priming, power driven, fixed fire pump

and fire main are installed on your

existing towing vessel as follows:

(a) The 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 liters per

minute (80 gpm).

(2) Being energized from the operating

station and from the pump.

(b) The fire main must have a

sufficient number of fire hydrants to

reach any part of the machinery space

using a single length of fire hose.

(c) A fire hose on your towing vessel

must be—

(1) Connected to each fire hydrant at

all times the vessel is operating.

(2) Lined commercial fire hose at least

40mm (11⁄2 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.

§ 27.221 If an existing towing vessel is

less than 24 meters (79 feet) in length, what

are the fire pump and fire hose

requirements?

By [date 2 years after the effective

date of the final rule], you must ensure

a fire pump and hose are installed on

your existing towing vessel as follows:

(a) Your towing vessel must have a

self-priming, power-driven, fixed or

portable fire pump that has—

(1) A minimum capacity of 189 liters

(50 gallons) per minute at a pitot tube

pressure of not less than 414 kPa (60

psi), as measured at the pump

discharge,

(2) A hydrant with a sufficient

amount of hose attached, or if using a

portable pump, a sufficient amount of

hose immediately available to attach to

the pump, so that a stream of water from

the fire pump and hose will reach any

part of the vessel, and

(3) An attached hose must be at least

16 millimeters (5⁄8 inch) nominal

diameter, of good commercial grade and

fitted with a nozzle of corrosionresistant material capable of providing a

solid stream and a spray pattern.

(b) You must stow the fire pump and

hose outside of the machinery space.

§ 27.225 What type of portable fire

extinguishers are required on an existing

towing vessel, in addition to the

requirements of 46 CFR subpart 25.30.30?

By [date 2 years after the effective

date of the final rule], you must have

portable fire extinguishers on your

existing towing vessel as follows:

(a) If your vessel is 24 meters (79 feet)

or longer in length, you need an

approved B–V semi-portable fire

extinguisher.

(b) If your vessel is less than 24

meters (79 feet) in length, you need an

approved B-III portable fire

extinguisher.
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52069

(c) You may use a fixed fire

extinguishing system that satisfies 46

CFR subpart 76.15 instead of the

extinguishers required by this section.

§ 27.230 What are the remote engine

shutdown or fuel shutoff requirements for

an existing towing vessel?

By [date 2 years after the effective

date of the final rule], you must have a

remote main engine shutdown or fuel

shutoff valve installed on your vessel

that is located outside of the machinery

space.

§ 27.235 Is a fire axe required on a an

existing towing vessel?

By [date 90 days after the effective

date of the final rule], you must ensure

a fire axe is on board your towing

vessel.

§ 27.240 What are the muster list

requirements on an existing towing vessel?

By [date 90 days after the effective

date of the final rule], your existing

towing vessel must have a muster list

satisfying § 27.350.

§ 27.245 What are the requirements for the

instruction, drills, and safety orientations

conducted on an existing towing vessel?

You must ensure on-board drills and

instruction comply with § 27.355.

Subpart C-If the Construction of a A

Towing Vessel Was Contracted After [90

days from after the effective date of the

final rule], What Are the Required Fire

Suppression Measures?

§ 27.300 What are the requirements for a

new towing vessel?

If this subpart applies to your towing

vessel as described in § 27.100(a), then

you must ensure your new towing

vessel complies with §§ 27.300 through

27.355.

§ 27.305 What are the general alarm

system requirements for a new towing

vessel?

(a) You must ensure your new towing

vessel is fitted with an audible and

visual general alarm system that—

(1) Has a contact-maker at the

operating station that can notify persons

on board in the event of an emergency.

(2) Is capable of notifying persons in

any accommodation or work space.

(3) Is tested before operation of the

vessel and at least once each week

thereafter.

(b) The system’s general alarm bells

must be—

(1) Fitted in accommodation spaces,

work spaces, and the engine room, and

(2) Identified with a flashing red light

and a sign with red lettering at least 13

millimeters (1⁄2 inch high) as follows:

(i) Attention.

(ii) General Alarm—When Alarm

Sounds or This Light Flashes Go to Your

Station.

(c) You may use a public address

system or other means of alerting all

persons on your towing vessel instead of

a general alarm system, provided the

equipment is capable of notifying

persons in any accommodation or work

space or the engine room, is tested at

least once each week, and can be

activated from the pilot house.

§ 27.310 What are the fire detection

requirements for a new towing vessel?

A fire detection system must be

installed on your new towing vessel to

protect the engine room. You must

ensure that—

(a) The detectors are located on the

overhead in the engine room and that

they are suitably protected if they can be

physically damaged.

(b) All points on the engine room

overhead are within 3 meters (10 feet)

of a detector.

(c) The system is arranged and

installed so a fire in the engine room is

automatically alarmed visibly and

audibly in the pilot house.

(d) Detectors, detecting cabinets, and

alarms are approved under 46 CFR

161.002.

(e) Heat detectors are rated between

57 and 74 degrees Celsius (135 and 165

degrees Fahrenheit) except in spaces

where a high ambient temperature may

be expected, where detectors must be

rated between 74 and 107 degrees

Celsius (165 and 225 degrees

Fahrenheit).

(f) The fire detection system is used

for no other purpose.

§ 27.315 What are the internal

communication requirements for a new

towing vessel?

You must ensure your new towing

vessel is fitted with a communication

system between the engine room and

wheel house that—

(a) Is permanently installed and uses

a means of communication and calling

such as a sound-powered telephone or

other reliable voice communication

method that is independent of the

electrical system on your towing vessel;

and

(b) Provides two-way voice

communication and calling between the

pilot house and either—

(1) The engine room, or

(2) A location immediately adjacent to

an exit from the engine room.

§ 27.320 If a new towing vessel is 24

meters (79 feet) or longer in length, what

are the fire pump, fire main, and fire hose

requirements?

You must ensure a self priming,

power driven, fixed fire pump and fire

main are installed on your towing vessel

as follows:

(a) The 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 liters per

minute (80 gpm).

(2) Being energized from the operating

station and from the pump.

(b) The fire main must have a

sufficient number of fire hydrants to

reach any part of the machinery space

using a single length of fire hose.

(c) Each fire hose on your towing

vessel must be—

(1) Connected to each fire hydrant at

all times the vessel is operating.

(2) Lined commercial fire hose at least

40mm (11⁄2 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 fire pump and fire main must

be independent of the bilge and ballast

system.

§ 27.321 If a new towing vessel is less than

24 meters (79 feet) in length, what are the

fire pump and fire hose requirements?

(a) Your new towing vessel must have

a self-priming, power-driven, fixed or

portable fire pump that has—

(1) A minimum capacity of 189 liters

(50 gallon) per minute at a pitot tube

pressure of not less than 414 kPa (60

psi) as measured at the pump discharge,

(2) A hydrant with sufficient amount

of hose attached, or if using a portable

pump, a sufficient amount of hose

immediately available to attach to the

pump, so that a stream of water from the

fire pump and hose will reach any part

of the vessel, and

(3) An attached hose of at least 16

millimeters (5⁄8 inch) nominal diameter,

of good commercial grade, and fitted

with a nozzle of corrosion-resistant

material capable of providing a solid

stream and a spray pattern.

(b) The fire pump and hose are

stowed outside of the machinery space.

§ 27.325 If a new towing vessel is 24

meters or longer in length, what type of fire

extinguishing equipment is required in

addition to the requirements of 46 CFR

subpart 25.30?

You must ensure the following

additional fire extinguishing equipment

is on board the vessel:

(a) An approved B–V semi portable

fire extinguisher, or

(b) A fixed fire extinguishing system

that satisfies 46 CFR 76.15.
52070 Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules

§ 27.326 If a new towing vessel is less than

24 meters in length, what type of fire

extinguishing equipment is required in

addition to the requirements of 46 CFR

subpart 25.30?

You must ensure an additional one of

the following is on the new towing

vessel:

(a) An approved B–III portable fire

extinguisher, or (b) A fixed extinguishing system that

satisfies 46 CFR 76.15.

§ 27.340 What are the fuel system

requirements for a new towing vessel?

(a) Except for the components of an

outboard engine or portable bilge pump

or fire pumps, you must ensure that

each fuel system installed on board the

vessel meets the requirements of this

section.

(b) Portable fuel systems. Portable fuel

systems, including portable tanks and

related fuel lines and accessories, are

prohibited on the vessel, except where

used for outboard engines, or are

permanently attached to portable

equipment such as portable bilge or fire

pumps. The design, construction, and

stowage of portable tanks and related

fuel lines and accessories must meet the

requirements of ABYC H–25. (c) Fuel restrictions. Except for

outboard engines, or where otherwise

accepted by the Commandant (G-MSE),

you may not use fuel other than bunker

C or diesel. An installation using bunker

C must comply with the requirements of

subchapter F of this chapter. (d) Vent pipes for integral fuel tanks.

Each integral fuel tank must meet the

requirements of this paragraph as

follows:

(1) Each fuel tank must be fitted with

a vent pipe connected to the highest

point of the tank terminating in a 3.14

radian (180 degree) bend on a weather

deck and fitted with a 30 × 30 mesh

flame screen.

(2) Except when provision is made to

fill a tank under pressure, the net crosssectional area of the vent pipe for a fuel

tank must not be less than 312.3 square

millimeters (0.484 square inches). (3) When provision is made to fill a

tank under pressure, the net crosssectional area of the vent pipe must not

be less than that of the fill pipe. (e) Fuel piping. Except as permitted in

paragraphs (e)(1) and (e)(2) of this

section, each fuel line must be seamless

and made of steel, annealed copper,

nickel-copper, or copper-nickel. Each

fuel line must have a wall thickness of

not less than 0.9 millimeters (0.035

inch) except that: (1) Aluminum piping is acceptable on

an aluminum hull vessel provided it is

installed outside the machinery space

and is at least Schedule 80 in thickness;

and

(2) Nonmetallic flexible hose is

acceptable but must—

(i) Not be used in lengths of more than

0.82 meters (30 inches);

(ii) Be visible and easily accessible;

(iii) Must not penetrate a watertight

bulkhead;

(iv) Be fabricated with an inner tube

and a cover of synthetic rubber or other

suitable material reinforced with wire

braid.

(v) Be fitted with suitable, corrosionresistant, compression fittings; and

(vi) Be installed with two clamps at

each end of the hose, if designed for use

with clamps. 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.

(f) A fuel line subject to internal head

pressure from fuel in the tank must be

fitted with a positive shutoff valve,

located at the tank that is operable from

a safe location outside the space in

which the valve is located.

(g) New towing vessels less than 24

meters (79 feet) in length may comply

with one of the following standards

instead of the requirements of

paragraphs (e) and (f) of this section.

(1) ABYC H–33.

(2) Chapter 5 of NFPA 302.

(3) 33 CFR Chapter I, subchapter S

(Boating Safety).

§ 27.345 Is a fire axe required on a new

towing vessel?

You must ensure a fire axe is on your

new towing vessel.

§ 27.350 What are the muster list

requirements on a new towing vessel?

You must ensure the new towing

vessel has a muster list posted in

conspicuous location accessible to the

crew that, at a minimum, fulfills the

requirements of this section. The muster

list must identify at least the following

information:

(a) The fire and emergency signal;

(b) Fire fighting responsibilities for

each crew member such as—

(1) Mustering of personnel.

(2) Manning of fire parties.

(3) Special duties required for the

operation of fire fighting equipment.

(4) Guidelines for fighting a fire, such

as—

(i) Use portable fire extinguishers only

for small fires.

(ii) Deenergize the electrical systems

supplying the affected space, if possible.

(iii) Use water for fires involving

ordinary combustible materials. Do not

use water on electrical fires.

(iv) If unable to control an engine

room fire using portable extinguishers,

evacuate the space and activate the

fixed extinguishing system, if installed.

(v) Maneuver the vessel to minimize

the effect of wind on the fire.

(vi) Immediately notify the Coast

Guard and other vessels in the vicinity.

§ 27.355 What are the requirements for

instruction, drills, and safety orientations

conducted on a new towing vessel?

(a) Drills and instruction. You must

ensure that drills are conducted and

instruction is given to each person on

board at least once each month.

Instruction may be provided in

conjunction with drills or at other times

and places, provided the instruction

ensures that persons are familiar with

their duties and their responses to at

least the following contingencies:

(1) Fighting a fire in the engine room

and other locations on board the vessel;

(2) Activating the general alarm;

(3) Reporting inoperative alarm

systems and fire detection systems; and

(4) Putting on a fireman’s outfit and

a self-contained breathing apparatus, if

the vessel is so equipped.

(b) Participation in drills. Drills must

be conducted on board the towing

vessel, as if there were an actual

emergency. These drills must include:

(1) Participation by all persons on

board,

(2) Breaking out and using emergency

equipment,

(3) Testing of all alarm and detection

systems, and

(4) Individuals putting on protective

clothing, if the vessel is so equipped.

(c) Training. The instruction and

drills conducted on your towing vessel,

as required by this section, must be

performed by an individual trained in

the proper procedures for conducting

the activity. Anyone licensed for

operation of inspected vessels of 100

gross tons or more meets this

requirement.

(d) You may substitute the

requirement for instruction in paragraph

(a) of this section by 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 can may

be conducted on or off the vessel.

However, this does not satisfy the

requirement for drills in paragraph (b) of

this section or for the safety orientation

in paragraph (e) of this section.

(e) Safety orientation. The master or

person in charge of a vessel must ensure

that a safety orientation is given to each

person on board who has not received

the instruction and has not participated

in the drills required by paragraph (a)

before the vessel may be operated.

(f) The safety orientation must explain

the muster list required by § 27.350 and

cover the specific evolutions listed in

paragraph (a).

Note to § 27.355: The person conducting

the drills and instruction need not be the

master, person in charge of the vessel, or a

member of the crew.
Federal Register / Vol. 62, No. 193 / Monday, October 6, 1997 / Proposed Rules 52071

PART 32—SPECIAL EQUIPMENT,

MACHINERY, AND HULL

REQUIRMENTS

6. The authority citation for part 32 is

revised to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703,

3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277; 49 CFR 1.46; Subpart 32.59

also issued under the authority of Sec. 4109,

Pub. L. 101–380, 104 Stat. 515.

7. In § 32.15–15, revise paragraphs (a)

and (d); and add new paragraphs (e) and

(f) to read as follows:

§ 32.15–15 Anchors, Chains, and

Hawsers–TB/ALL.

(a) Application. The provisions of this

section, with the exception of

paragraphs (d) and (e), apply to every

tankship and manned seagoing barge

constructed on or after June 15, 1987.

Tankships and manned seagoing barges

constructed prior to June 15, 1987 must

meet the requirements of paragraphs (d)

and (f) of this section. Manned barges

equipped with anchors to comply with

33 CFR 155.230(b)(1) must meet the

requirements of paragraphs (e) and (f) of

this section.

* * * * *

(d) Tankships and barges constructed

prior to June 15, 1987. For tankships

and manned seagoing barges

constructed prior to June 15, 1987, with

the exception of manned barges

equipped with anchors to comply with

33 CFR 155.230(b)(1), the installations

previously accepted or approved will be

considered satisfactory for the same

service so long as they are maintained

in good condition to the satisfaction of

the Officer in Charge, Marine

Inspection. If the service of the tank

vessel is changed, the suitability of the

equipment will be evaluated by the

Officer in Charge, Marine Inspection.

(e) Manned barges equipped with

anchors to comply with 33 CFR

155.230(b)(1). Manned barges equipped

with anchors to comply with 33 CFR

155.230(b)(1) must be fitted with

operable anchor systems that include

anchors, chains, and hawsers in general

agreement with the standards

established by the American Bureau of

Shipping. The current standards of

other recognized classification societies

may also be accepted upon approval by

the Commandant.

(f) Operation and performance.

Anchors, exposed portions of chain, and

hawsers must be visually inspected

prior to getting underway and stowed so

that the anchor is ready for immediate

use in an emergency. The vessel must

have a functioning means for releasing

the anchor that does not endanger

operating personnel.

Dated: September 30, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–26304 Filed 10–3–97; 8:45 am]

BILLING CODE 4910–14–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A–1–FRL–5901–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Connecticut; Reasonably Available

Control Technology for Nitrogen

Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

a State Implementation Plan (SIP)

revision submitted by the State of

Connecticut. This revision establishes

and requires reasonably available

control technology for major stationary

sources of nitrogen oxides. In the Final

Rules Section of this Federal Register,

EPA is approving the State’s SIP

revision as a direct final rule without

prior proposal because the Agency

views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before November 5, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA and the Bureau of Air

Management, Department of

Environmental Protection, State Office

Building, 79 Elm Street, Hartford, CT

06106–1630.

FOR FURTHER INFORMATION CONTACT:

Steven A. Rapp at (617) 565–2773, or Email at

Rapp.Steve@EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule located in the Rules Section of

this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 22, 1997.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 97–26435 Filed 10–3–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[TX–89–1–7359, FRL–5904–9]

Clean Air Act Reclassification, Texas;

Dallas/Fort Worth Nonattainment Area;

Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; extension of

public comment period.

SUMMARY: The EPA is extending the

public comment period from October 2,

1997, to December 1, 1997, on the

proposed rule to reclassify the Dallas/

Fort Worth ozone nonattainment area

from moderate to serious. The extension

to the public comment period is being

granted by EPA in response to the area’s

Congressional delegation request to

permit the area’s constituents to have

adequate time to assess the proposal and

submit comments before a final decision

is published. For additional information

please refer to the proposed

redesignation notice published in the

Federal Register on September 2, 1997

(62 FR 46238).

DATES: Comments on the proposed

redesignation must be received in

writing by December 1, 1997.

ADDRESSES: Written comments should

be addressed to Mr. Thomas H. Diggs,

Chief, Air Planning Section (6PD–L), at

the EPA Regional Office listed below.

Copies of the State ozone air quality

monitoring data and EPA policy

concerning attainment findings are

contained in the docket for this

rulemaking. The docket is available for

inspection during normal business

hours at the following locations: