[Federal Register Volume 62, Number 193 (Monday, October 6, 1997)]
[Proposed Rules]
[Pages 52057-52071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26304]


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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.

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[[Page 52058]]

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 E-mail 
<<a href="/cdn-cgi/l/email-protection#54393c212638312d14373b3930207a212737337a393d38"><span class="__cf_email__" data-cfemail="64090c111608011d24070b0900104a111707034a090d08">[email protected]</span></a>>; or LTJG Patrick J. DeShon, Project Manager 
(Emergency Control Systems) (202) 267-0864 or E-mail 
<<a href="/cdn-cgi/l/email-protection#a7d7c3c2d4cfc8c9e7c4c8cac3d389d2d4c4c089cacecb"><span class="__cf_email__" data-cfemail="63130706100b0c0d23000c0e07174d161000044d0e0a0f">[email protected]</span></a>>.

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 8\1/2\ 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 Sec. 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 Sec. 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-self-propelled 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-self-propelled 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

[[Page 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 semi-sheltered 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 non-self-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 in-service 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.

[[Page 52060]]

    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

[[Page 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 Sec. 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

[[Page 52062]]

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

[[Page 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

[[Page 52064]]

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 Sec. 27.340(b); and, ABYC H-33 and Chapter 5 of 
NFPA 302 in Sec. 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

[[Page 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, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    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 
<<a href="/cdn-cgi/l/email-protection#c8a5a0bdbaa4adb188aba7a5acbce6bdbbabafe6a5a1a4"><span class="__cf_email__" data-cfemail="563b3e23243a332f1635393b32227823253531783b3f3a">[email protected]</span></a><ls-thn-eq>; LTJG Pat DeShon, (Emergency Control 
Systems) (202) 267-0864 or E-mail <<a href="/cdn-cgi/l/email-protection#98e8fcfdebf0f7f6d8fbf7f5fcecb6edebfbffb6f5f1f4"><span class="__cf_email__" data-cfemail="b1c1d5d4c2d9dedff1d2dedcd5c59fc4c2d2d69fdcd8dd">[email protected]</span></a>>.

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:
    <bullet> Review NVIC 7-82 (sample format of vessel station bill): 
\1/4\ hour
    <bullet> 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.

[[Page 52066]]

    Estimated Total Annual Burden: We estimate that the following 
annual hours are required to complete the recordkeeping required by 
this proposal:
    <bullet> 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).
    <bullet> 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 Secs. 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 Sec. 155.230 to read as follows:


Sec. 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

[[Page 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 Sec. 25.30-10, revise paragraph (c) and Table 25.30-10(c) to 
read as follows:


Sec. 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 semi-
portable 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 semi-portable 
fire extinguishing systems are set forth in this table.

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

    5. Add part 27, consisting of Secs. 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


Sec. 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

[[Page 52068]]

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.


Sec. 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?


Sec. 27.200  What are the requirements for an existing towing vessel?

    You must ensure your towing vessel described in Sec. 27.100(a) 
complies with Secs. 27.205 through 27.245.


Sec. 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.


Sec. 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.


Sec. 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 
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.


Sec. 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 (1\1/2\ 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.


Sec. 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 
corrosion-resistant 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.


Sec. 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.

[[Page 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.


Sec. 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.


Sec. 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.


Sec. 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 Sec. 27.350.


Sec. 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 
Sec. 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?


Sec. 27.300  What are the requirements for a new towing vessel?

    If this subpart applies to your towing vessel as described in 
Sec. 27.100(a), then you must ensure your new towing vessel complies 
with Secs. 27.300 through 27.355.


Sec. 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.


Sec. 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.


Sec. 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.


Sec. 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 (1\1/2\ 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.


Sec. 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.


Sec. 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.

[[Page 52070]]

Sec. 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.


Sec. 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  x  30 mesh flame screen.
    (2) Except when provision is made to fill a tank under pressure, 
the net cross-sectional 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 
cross-sectional 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, corrosion-resistant, 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).


Sec. 27.345  Is a fire axe required on a new towing vessel?

    You must ensure a fire axe is on your new towing vessel.


Sec. 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.


Sec. 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 
Sec. 27.350 and cover the specific evolutions listed in paragraph (a).

    Note to Sec. 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.

[[Page 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 Sec. 32.15-15, revise paragraphs (a) and (d); and add new 
paragraphs (e) and (f) to read as follows:


Sec. 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


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