35064 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 94–020]

RIN 2115–AE91

Navigation Safety Equipment for

Towing Vessels

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard here requires

that towing vessels carry and properly

use equipment such as radars,

compasses, marine charts or maps, and

publications and that they carefully

choose, inspect, and maintain towlines.

This final rule is necessary as part of a

comprehensive initiative to improve

navigational safety for towing vessels.

The purpose of requiring navigationalsafety equipment on towing vessels is to

help prevent another catastrophic train

wreck such as that of the Sunset Limited

in Alabama during September, 1993,

and another spill such as that off Puerto

Rico during January, 1994.

DATES: This rule is effective on August

2, 1996. The Director of the Federal

Register approves as of August 2, 1996

the incorporation by reference of certain

publications listed in this rule.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (202)

267–1477.

FOR FURTHER INFORMATION CONTACT: Mr.

Edward LaRue, Navigation Rules

Division (G–MOV–3), (202) 267–0416,

or LCDR Suzanne Englebert, Project

Development Division (G–MSR–2),

Office of Marine Safety and

Environmental Protection, (202) 267–

6490.

SUPPLEMENTARY INFORMATION:

Regulatory History

Soon after the fatal accident on

September 22, 1993, near Mobile,

Alabama, in which a barge collided with

a railroad bridge and caused the Sunset

Limited to plunge into a bayou, the

Secretary of Transportation directed that

the Coast Guard and the Federal

Railroad Administration review the

circumstances of the accident and

undertake initiatives to minimize the

risk of any similar tragedy in the future.

A detailed review of marine-safety

issues related to uninspected towing

vessels appears in the notice of

proposed rulemaking (NPRM) entitled

‘‘Navigation Safety Equipment for

Towing Vessels’’ published on

November 3, 1995 (60 FR 55890).

This final rule constitutes part of a

comprehensive initiative by the Coast

Guard to improve navigational safety for

towing vessels. While other regulatory

efforts are concentrating on reporting of

casualties, on licensing, and on training

on radar, this rule helps ensure that the

mariner piloting a towing vessel has

adequate equipment to safely navigate

the waters being transited. It will

impose the following: (1) Requirements

for carriage of radars, searchlights,

radios, compasses, swing-meters, echo

depth-sounding devices, electronic

position-fixing devices, marine charts or

maps, and publications; (2)

requirements for proper use of this

navigational equipment; (3)

requirements for maintenance,

inspection, and serviceability of

towlines, towing gear, and terminal

gear; and (4) general requirements for

navigational safety.

Thirty-seven letters were received in

response to the NPRM. The Coast Guard

has considered all of the comments and,

in some instances, revised the proposed

rule as appropriate. One comment

requested that a public meeting be held.

The Coast Guard determined that a

public meeting was unnecessary for this

rulemaking because the comments

received were substantive and

represented all aspects of both the

industry and the public. The other

comments have been grouped by issue

and are discussed as follows:

Discussion of Comments and Changes

1. General

Seven comments supported and

applauded the Coast Guard in its efforts

to improve safety in the towing

industry. The Coast Guard

acknowledges and appreciates these

comments.

One comment recommended that the

Coast Guard verify the availability of

radar standards from the Radio

Technical Commission for Maritime

Services (RTCM). The comment claimed

either that the standards are unavailable

or that the RTCM is exhibiting an

unwillingness to provide them. The

Coast Guard verified that the standards

are readily available from the RTCM.

One comment recommended that the

term ‘‘gear’’ in § 164.80(a) be defined

because it may be confused with

‘‘terminal gear.’’ The Coast Guard

reviewed § 164.80(a) and does not agree

that the two terms will be confused,

because ‘‘gear’’ as used in paragraph (a)

is a general term for the equipment and

systems to be inspected onboard the

vessel and is further qualified in the

subordinate, numbered paragraphs.

One comment stated that the term

‘‘rivers and Western Rivers’’ as used in

paragraph 2 of the Discussion of

Proposed Rules of the preamble was

confusing. The comment also noted that

the proposed rule expanded the

definition of ‘‘Western Rivers’’ to

include waters not covered for purposes

of the Inland Navigation Rules. The

comment recommended that the

definition of ‘‘other designated

waterways’’ be consistent with that in

33 CFR 89.25. The Coast Guard agrees

and has removed the term ‘‘river’’ from

the definitions in § 164.70. The Coast

Guard has also expanded the definition

of ‘‘Western Rivers’’ to include all

waters specified by §§ 89.25 and 89.27,

and has added the words ‘‘and such

other, similar waters as are designated

by the COTP.’’

Four comments recommended that

the definition of river include the Gulf

Intracoastal Waterway (GIWW). By

including all waters specified by

§§ 89.25 and 89.27 in the definition of

‘‘Western Rivers’’, the Coast Guard has

included the GIWW. This change

should eliminate any confusion over the

applicability of this rule on the GIWW.

One comment commended the Coast

Guard for its efforts to exempt vessels

engaged in assistance towing. The Coast

Guard acknowledges and appreciate this

comment.

Four comments noted the vast

differences between the marineassistance industry and the tug and

barge industry. They also stated that few

marine-assistance firms’ vessels would

meet the criteria for exclusion offered by

the Coast Guard. They recommended

that the applicability of this final rule be

changed from towing vessels of 8 meters

(26.25 feet) or more in length to towing

vessels of 12 meters (39.4 feet) or more

in length. The Coast Guard, knowing

and understanding the differences

between the marine-assistance and the

tug and barge industries, asked its

Towing Safety Advisory Committee

(TSAC) to research the possibility of a

regulatory threshold based on a risk

analysis. A risk analysis was done by a

TSAC working group; after reviewing

the analysis, which was in turn based

on both historical data and analysis of

forces, the Coast Guard agrees with the

comments and has applied this rule

only to towing vessels of 12 meters (39.4

feet) or more in length rather than to

those of 8 meters (26.25 feet) or more in

length. This analysis by TSAC is
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35065

available in the docket, as described

earlier in this preamble. This change

should exempt the vast majority of

vessels engaged in the marine-assistance

industry from the requirements of this

rule.

Four comments proposed that

§ 164.01(b)(2) contain a definition for a

disabled vessel as follows: ‘‘Disabled

vessel means a vessel that is in need of

assistance, whether docked, underway,

aground, sunk or abandoned. Disabled

vessel does not include a barge or any

vessel [that] is not regularly operated

under its own power.’’ The comments

assert that, if this definition is accepted,

then any comments by marineassistance firms become academic since

marine-assistance vessels will no longer

as affected by this final rule. This rule,

especially since the Coast Guard has

changed the length of affected vessels

from 8 to 12 meters, exempts the bulk

of vessels engaged in marine

assistance—helping people in disabled

vessels on rivers, bays, or oceans.

However, the Coast Guard must be

careful not to exempt vessels that are

performing commercial towing, even if

the vessels are owned or operated by

marine-assistance firms. The Coast

Guard does not accept the four

comments’ definition of ‘‘disabled

vessel’’ and has not amended the rule in

the recommended manner.

Four comments concerned

exemptions. Two recommended

extending the proposed exemptions in

§ 164.01 to small, private work boats or

tow boats involved in limited towing

inside a limited geographical area, as

other exemptions extend to work boats

operating in fleeting areas and

shipyards. A third recommended that

the COTP be able to exempt vessels

under certain traffic conditions and in

restricted operating areas. The fourth

recommended that the Coast Guard

devise a method for exemption using

speed and draft because of the

differences in speeds and drafts between

assistance vessels and tugs and

pushboats. Seven comments

recommended adding provision to

§ 164.01 specifying that the

responsibility for determining

applicability of an exemption besides

with the COTP. In addition, they

recommended a formal process to

request a waiver. While it would be

impossible to cover every possible

exemption scenario, the Coast Guard

agrees that an exemption process should

be established and that the final

exemption authority should rest with

the COTP. The Coast Guard has

amended § 164.01 to specify the

availability of exemptions, the process

to request them, and the final granting

authority of the COTP. The COTP will

base the decision for exemption on such

things as routes, traffic, and capabilities

of vessels.

One comment raised the issue of

moving an exempted vessel from one

fleeting area to another. The comment

asked whether permission would be

needed and, if so, how it would be

obtained and whether it would have to

be reverified with the new COTP for any

different fleeting area. After review, the

Coast Guard does not see the need to

grant permission for an exempted vessel

to move from one fleeting area to

another if it is not engaged in towing,

but it does see the need to reverify the

exemption if the fleeting area is in a

different COTP zone. In any case, the

owner, master, or operator of a towing

vessel engaged in towing from one

fleeting area to another would have to

request an exemption in accordance

with § 164.01(b)(4) of this final rule.

Three comments recommended that

towing vessels covered by this final rule

become inspected vessels. They also

recommended that all towing gear on

these vessels be inspected by the Coast

Guard or an approved classification

(‘‘class’’) society. They recognized the

time and financial constraints of annual

boardings and recommended that

towing vessels obtain certificates of

inspection from entities such as

approved class societies or from the

National Association of Marine

Surveyors. They also recommended that

an initial exam occur within 24 months

of the effective date of the rule and that

the certificate be renewed every five

years thereafter. Inspection of towing

vessels has been studied by the Coast

Guard and is outside the scope of this

rulemaking.

One comment recommended that

§ 164.01 be modified to exempt vessels

used in response-related activities,

including training, as well as vessels of

opportunity, such as fishing vessels

engaged in those activities. The

comment continued that an exemption

should not apply to those vessels

actually engaged in traditional towing

activities but only to those vessels used

solely in oil-spill response. The Coast

Guard agrees and has amended § 164.01

so it exempts vessels used solely for

pollution response.

One comment alleged delay in the

rulemaking. It held the neglect of the

Coast Guard, as it thought,

representative of the discharge of its

responsibilities in support of the Oil

Pollution Act of 1990 (OPA 90) and

urged the Coast Guard to quickly

institute this final rule. The Coast Guard

notes that this rulemaking allowed for

early and meaningful public

participation in its development.

Six comments stated that Coast Guard

rules pertaining to towing vessels, now

on the books, already provide

navigational safety when properly

enforced and followed. They also stated

that more rules do not guarantee

additional safety or prevention of

accidents, especially in instances of

major neglect by operators of towing

vessels. Until now, few and minimal

rules have applied to towing vessels 12

meters in length or over. This final rule

is based in large measure on the general

industry standard of care and sets a

reasonable threshold consistent with

this standard. This rule should raise the

performance, of the few owners and

operators who are hazardous, to that

standard of care.

One comment questioned the Coast

Guard’s ability to enforce its rules. This

final rule requires towboats to carry

certain equipment and gear that usually

are permanently installed. The Coast

Guard anticipates that the verification of

onboard, operational equipment and

appropriately maintained gear will be

achievable.

2. Carriage of navigational equipment

a. Radar

Two comments noted that proposed

§ 164.01(b)(1) may conflict with

§ 165.803(m)(2)(i), which requires radarequipped fleeting boats, and with

§ 165.803(m)(2)(v), which requires

continuous radar surveillance during

periods of restricted visibility. The

Coast Guard finds no conflict. A vessel

that may not be required, under

§ 164.01(b)(1), to carry radar, may

nonetheless be required, under

§ 165.803(m)(2), to carry radar when

engaged in the activities described

there.

Two comments recommended that the

Coast Guard establish very limited local

areas where towing would be permitted

without radar-equipped towboats; this

should prevent non-radar-equipped

fleeting vessels from traveling large

distances. The Coast Guard agrees that

towing without radar should be

conducted only within a company’s

fleeting area. Any other type of

operations should be referred to the

COTP for approval or exemption, if

applicable.

Six comments concurred with radar

as required equipment, yet expressed

opposition to the development of

minimum performance standards by a

third-party technical organization. They

recommended that the Coast Guard

develop the standards with assistance of

representatives from towing companies.
35066 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

The RTCM, which developed radar

standards, consists of members from

industry, government, and

manufacturers. The Coast Guard did

participate in the development of the

radar standards and maintains that the

standards are reasonable.

One comment concurred with the

radar requirement, but raised concerns

about radar’s being on harbor boats

because of limited space in the pilot

house, excessive vibration, and the

constant facing and unfacing of tows.

Harbor operations may qualify for an

exemption that can be granted by the

COTP. Masters, owners, and operators

may present their particular operations

to the COTP to consider for exemption.

Three comments supported the radar

requirement, but recommended that it

be for two marine radars. They also

recommended that the grace period be

reduced from 96 to 48 hours before

notice to the COTP of the lack of an

operating radar. The Coast Guard

disagrees. On smaller vessels there may

not be enough room for two radar

consoles and their antennas. For some

operations, it may also be costprohibitive. The Coast Guard has

determined that a grace period of 96

hours is generous while it still secures

safety.

One comment recommended that for

an owner or operator of an existing

radar some means of determining

whether the existing radar conforms to

RTCM standards needs to be developed.

No formal certificate or sticker is affixed

to the radar. The comment asked

whether the Coast Guard would develop

a list of approved radars, and

recommended a list and some type of

labelling requirement. Once the RTCM

standards are referred to in this final

rule, manufacturers will market radars

that meet them. Manufacturers’ selfcertification is presently used

successfully with regard to performance

standards adopted by the International

Maritime Organization (IMO). The

deferred effective dates should provide

enough time to determine whether an

existing radar meets standards, and the

Coast Guard expects lists of standards to

be developed by various interested

parties.

Two comments recommended

reducing the grace period for having a

radar that meets the display and

stabilization requirements. One

recommended from 5 to 3 years; the

other recommended from 4 to 2 years.

The Coast Guard has not implemented

either of these timelines, because an

accelerated implementation could put

too much of an economic burden on

owners or operators with small

businesses. In addition, radar

manufacturers need time to gear up to

RTCM standards.

b. Searchlight

Three comments supported a

requirement for a searchlight. Two

recommended that the language in

§ 164.72(a)(2) better define the

searchlight’s capability. One called for

an effective beam of twice the length of

the tow; the other called for an effective

beam of three to four times the length

of the tow. The Coast Guard agrees with

a better defined capability for the

searchlight and has amended

§ 164.72(a)(2) to indicate a capability of

illuminating objects at a distance of at

least two times the length of the tow.

For vessels towing astern, this

requirement should be met for the

length of tow used during transits on

waters subject to Inland Navigation

Rules.

c. Radios

Two comments supported a

requirement for radios. They also

supported a requirement for either a

backup power source for a permanently

installed radio or a separate, portable,

battery-powered VHF–FM marine radio

with a capability of 24-hour continuous

use. The Coast Guard notes the support;

however, technical requirements such

as those relating to power source are

established by the Federal

Communications Commission (FCC).

Three comments observed that in

April, 1992, the FCC lifted the

requirement that vessel captains and

operators must have Restricted

Radiotelephone operators’ permits. The

comments questioned whether

§ 164.72(a)(3) is incompatible with the

FCC ruling. The Coast Guard verified

with the FCC that the lifting of the

requirement affected only

noncompulsory vessels (those not

required by convention, statute, or

regulation to have ship radio-station

licenses). This final rule still supports

the requirement to have Restricted

Radiotelephone operators’ permits.

d. Compasses and Swing-meters

Three comments took exception to

vessels’ not being able to carry a

fluxgate compass in lieu of a magnetic

compass. They pointed out that some

tugs cannot use a card-type magnetic

compass, because of the magnetic field

in the pilot house due to electric

welding. They noted that a fluxgate

compass is approximately 1/20th the

cost of a gyrocompass. They challenged

the reasoning of disallowing a fluxgate

compass because it requires an external

power source. They stated that most

card-type compasses have light bulbs for

night use and that other navigational

equipment, such as Long Range Aid to

Navigation (LORAN) or Global

Positioning System (GPS), need external

power. The Coast Guard notes the

exception, yet will not allow the

substituting of a fluxgate compass for a

magnetic one in this final rule. The

fluxgate compass requires power to

operate; a magnetic compass does not,

and can be viewed with a flashlight

should the vessel experience a power

failure.

One comment wanted to know

whether the Coast Guard was going to

adopt ‘‘standards’’ for swing-meters. At

the present time, the Coast Guard does

not see the need to adopt ‘‘standards’’

for swing-meters.

Two comments supported a

requirement for a magnetic compass, but

also wanted a requirement for a

gyrocompass equipped with an audible

course-change indicator; they also

recommended that both requirements

cover towing vessels on Western Rivers

as well as on all other waters. The Coast

Guard does not agree with the

requirement of a gyrocompass on all tug

boats operating on all navigable waters

of the U.S. It has set a swing-meter or

magnetic compass as the minimum

because either is cost-effective for all

operators including small companies.

Two comments recommended that

towing vessels pushing ahead and

operating on Western Rivers be

equipped with an audible swing-meter;

this would be in addition to, not instead

of, the magnetic compass proposed in

§ 164.72(a)(4)(i). The Coast Guard

disagrees with the recommendation.

One or the other should be more than

sufficient to aid the vessel in its

operations.

One comment recommended that

§ 164.72(a)(4) be modified, to allow a

gyroscope. The Coast Guard has not set

a gyroscope as an equivalent to a

magnetic compass, because a gyroscope

relies on an outside power source.

One comment opposed the

requirement because a compass or

swing-meter would not aid a harbor boat

working in a small harbor or a fleeting

area. Note that this final rule lets a

vessel owner or operator seek from the

COTP an exemption from this

requirement.

e. Echo Depth-Sounding Device

Three comments supported the

requirement. Two recommended

compliance within 1 year from the

effective date of this final rule; the other

recommended compliance within 2

years. One comment also recommended

the installation of two sounding devices.

The Coast Guard disagrees with bringing
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35067

compliance forward from 5 years to 1

year. It notes that, while taken

individually navigation equipment is

relatively inexpensive, taken

cumulatively the costs are not

negligible. The 5-year implementation

schedule is intended to lessen the

impact of multiple requirements. The

Coast Guard agrees that in some

circumstances two sounding devices

may be desirable; in general, however,

one should give the operator or master

adequate depth information.

Five comments disagreed with

exempting tows on Western Rivers from

having sounding devices; they stated

there should be no exemptions. One of

the five also stated that, at a minimum,

sounding devices should be installed on

vessels that move environmentally

threatening cargoes. The Coast Guard

holds that depth sounders are not so

useful in pooled water as they are in

open water where depths vary greatly.

On towboats pushing ahead, they would

be located too far aft to provide even a

last-minute warning of shallow water.

The Coast Guard has maintained the

exemption as proposed.

One comment disagreed that a

sounding device should be placed on

every towing vessel. It recommended

that ship-docking tugs operating in

harbors, lakes, rivers, and bays be

exempted from the requirement. Again,

the owner or operator of a vessel may

seek an exemption from this

requirement.

f. Electronic Position-Fixing Device

No comments concerned the

requirement for an electronic positionfixing device.

g. Marine Charts or Maps

One comment recommended that the

words ‘‘reasonably available’’ remain in

the definition of ‘‘currently corrected.’’

This would allow for a delay in the

entry of corrections because of late

receipt of Notices to Mariners (NTMs).

The Coast Guard agrees, and the

wording remains.

Three comments recommended that

§ 164.72(b)(1) require the carriage of

current or currently corrected charts or

maps and that, to this end, the

definition for ‘‘currently corrected’’

change. The Coast Guard agrees with the

concept of allowing either current

editions or currently corrected editions

of charts and maps; however, it has

achieved this end without amending the

definition.

Three comments recommended that

§ 164.72(b)(2) refer to NTMs, but not to

Local Notices to Mariners (LNMs),

because of the impossibility of ensuring

delivery of LNMs. The Coast Guard

partially agrees and has cast the final

rule to include NTMs published by the

Defense Mapping Agency. LNMs have

remained because they are available for

Western Rivers.

One comment recommended that a

towing vessel on the Western Rivers be

authorized to carry either a current

edition of, or a currently corrected, river

map from the U.S. Army Corps of

Engineers (ACOE). It also recommended

creating a new definition for ‘‘currently

corrected’’, which would apply to

Western Rivers and allow currently

corrected charts to be used up to 5 years

after their date of publication. The Coast

Guard agrees and has amended the

definition of ‘‘currently corrected’’ to

include current editions of ACOE river

maps and currently corrected editions

provided it has not been over 5 years

since their publication.

One comment recommended that

§ 164.72(b)(1)(i) be revised to reflect that

‘‘All towing vessels, both inland and

seagoing, are required * * *.’’ This

section already covers ‘‘each towing

vessel.’’ The only variation allowed is in

§ 164.72(b)(1)(ii), which accommodates

different routes.

One comment suggested that other

sources of charts or maps, such as

chartbooks published by State

authorities or commercial publishers, be

approved. The Coast Guard disagrees.

Although these charts or maps may be

updated annually, they conform to no

hydrographic standard and therefore are

not recognized by the Coast Guard as

legal charts. In addition, these charts are

usually advertised as ‘‘not for

navigation.’’

Six comments opposed requiring

towing vessels to be equipped with

charts or maps that both are published

by the National Ocean Service (NOS),

the ACOE, or another authority and are

either current editions or currently

corrected charts or maps. They argued

that, for lack of funding to the NOS, U.S.

waterways are not regularly charted or

mapped and stated that it is therefore

unrealistic to require current editions or

currently corrected charts or maps. They

further recommended that the rule

should include British Admiralty Charts

as a possible alternative. NOS procures

excellent nautical products, and the

Coast Guard will continue to require

their use. However, the Coast Guard also

recognizes that there are charts

produced by foreign governments of

U.S. waters, such as British Admiralty

charts, that are legally sufficient and

could be acceptable alternatives. The

Coast Guard has amended the rule as

proposed to include charts published by

a foreign government that will make safe

navigation possible, that are based on

hydrographic standards similar to those

used by NOS, and that are applicable to

a vessel’s transit.

One comment did not support the

requirement of a chart or map and felt

it an excessive burden on those vessels

that work in the same operating area.

The Coast Guard does not agree. Vessels

are required only to have charts or maps

for their areas of operation, so the

number of charts or maps to maintain

should be minimal: the smaller the area,

the fewer the charts or maps. The local

information these charts or maps

provide to operate is valuable and

should assist them in verification of

their position along their voyages.

h. Publications

One comment noted that proposed

§ 164.72(b)(3) restated the requirement

of 33 CFR 88.05 that self-propelled

vessels of 12 meters or more must have

on board and maintain for ready

reference a copy of the Inland

Navigation Rules. It recommended that

this section be removed. The Coast

Guard agrees, and it does not appear in

this final rule.

Two comments disagreed with the

selection of nautical publications that

the proposed rule would have required

to be on board. They stated that some,

such as NTMs, were good but did not

need to be physically on board. They

also felt that the Coast Pilot was of little

use to a captain in local waters; the

captain’s ‘‘local knowledge’’ was of far

greater value. It is not the intent of the

Coast Guard that a vessel maintain a

huge library of nautical publications.

Rather, the Coast Guard is requiring

those publications that most prudent

mariners would retain on board their

vessels. The final rule also provides that

latitude for an owner or operator to have

only those publications or extracts from

publications for the area(s) to be

transited. The number of publications or

extracts required to be on board is

minimal, and should not be a burden to

the owner or operator; and the

publications or extracts do provide

valuable port-specific information.

3. Proper Use of Navigational

Equipment

Two comments recommended that the

tug and barge industry adopt a system

where three qualified watchstanders or

operators are always on board. Two

others also recommended that on all

towing vessels, especially on those on

oceangoing and coastwise transits, at

least one crewmember be a licensed

engineer. These are manning issues not

within the scope of this rulemaking.

Three comments recommended that

the licensing system be restructured
35068 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

similar to that for vessels of unlimited

tonnage, so that an individual would

have to serve as a mate before becoming

a master on tugs greater than 8 meters.

Two other comments strongly

recommended that training standards be

incorporated either into the navigational

sections of the final rule or into a new

section in part 164. The Coast Guard has

published an NPRM entitled, ‘‘Licensing

and Manning for Officers of Towing

Vessels’’ (61 FR 31332, June 19, 1996)

and invites comments to that docket on

these issues.

One comment recommended that,

when in pilotage waters, all tank barges

that are over a certain minimum (1,000

tons) and are subject to Federal

jurisdiction have to be under the

direction and control of a pilot holding

a Federal license or pilotage

endorsement for the waters being

traversed. It further recommended that

this requirement include the towing

vessels propelling these barges. The

placement of pilots in charge of barges

and onboard tugs is another issue of

manning not within the scope of this

rulemaking.

4. Maintenance, Inspection, and

Serviceability of Towlines and Terminal

Gear

Two comments recommended that the

responsibility for towing gear used in

pushing ahead or towing alongside

belong to just one party, the master or

the operator. They stated that not

making the master or the operator solely

responsible might cause some decision

between the owner and either the

master or the operator, or result in no

one’s being responsible. The Coast

Guard disagrees. As for vessels towing

astern, for vessels towing alongside or

pushing ahead the owner is included

with the master or operator so that the

responsibility is ‘‘several’’: Rests on

each. If the owner and the master or

operator are the same, then the

responsibility rests on one individual. If

a company owns a fleet, then it is

appropriate that the company have

adequate maintenance policies and

appropriately empower the master or

operator to ensure the requirements are

met. In this way, all parties have a share

of the responsibility for failing to meet

the requirements—one for liability,

either or both of the others for their

licenses.

Two comments recommended that

every owner of a towing vessel be

required to have a prescribed Preventive

Maintenance System (PMS) for all

towing gear; this PMS should include

maintenance and inspection schedules

and a supply system that provides spare

parts. In this final rule the Coast Guard

has outlined minimum factors for

proper maintenance. The owner should

base each vessel’s PMS on the owner’s

experience and expertise and on the

manufacturers’ recommendations and

suggestions rather than use one

prescribed by the Coast Guard.

Two comments recommended that

this final rule direct the carriage aboard

the towing vessel of manufacturers’

maintenance requirements and wear

specifications for towlines. The Coast

Guard agrees with TSAC that the

requirements and specifications can be

located in a company office, at a repair

facility, or on the vessel, and deems it

appropriate to allow this flexibility.

Four comments recommended that

the Coast Guard specify sizes for towing

wires. Two recommended that it

establish minimum standards to ensure

that the size of the wire, the bollard pull

of the tug, and the maneuverability of

the tug and tow are properly matched.

Two others recommended that

§ 164.74(a)(1) include graphs or tables to

assist the master, owner, or operator in

determining minimum breaking strength

of a towline and that these graphs or

tables be guidelines, not minimum

standards. The Coast Guard has

determined that manufacturers’

published specifications should provide

the owner, master, or operator with the

information needed to properly

determine a towline’s strength and

appropriate use. The towing industry is

diverse, operating in many different

environments. By not specifying sizes,

the Coast Guard has provided a flexible

format to allow companies to assess

their operations and choose their

towlines appropriately.

Two comments recommended that

every towing vessel operating on oceans

or coastwise be required to have an

emergency tow wire and that this rule

prescribe its maintenance and repair.

The Coast Guard disagrees. 33 CFR part

155 already requires emergency

towlines aboard large oil barges; but

duplicate towlines now appear

unnecessary aboard most barges, since

the competent repair of most towlines,

at sea, is feasible. By recognizing and

dictating the minimum acceptable

repair, § 164.74(a)(2) should avoid

incompetent repair such as that which

caused the grounding of the T/B

MORRIS J. BERMAN and yet also avoid

the costly alternative of requiring

duplicate towlines.

One comment felt that it would be

difficult, if not impossible, to keep

records on towlines. Two recommended

that the reference to ‘‘shock loading’’ in

proposed § 164.74(a)(3)(iv)(C) be

eliminated because the phenomenon is

difficult to define or quantify. All three

also asked whether this provision would

require a monitor of tow-wire tension

with data-recording capability. The

Coast Guard has reviewed the recording

requirements and, with the exception of

that on shock loading, finds them to be

reasonable and valuable for the

assessment of the towline’s history. It

never intended to require monitors of

tow-wire tension, and it has removed

the reference to shock loading.

One comment recommended that

§ 164.74(a)(3)(iv)(G) be revised to read

‘‘Results of a tensile test taken to

confirm the residual strength of the

towline, if necessary.’’ The comment

noted that tensile testing is an integral

component of towline inspection and

maintenance. But an operator may just

as well determine that a towline or

segment of towline must be removed

without conducting a tensile test: It

should not be implied that a tensile test

must be conducted in every instance.

The Coast Guard concurs and, although

it has not adopted the suggested

wording, in this final rule has revised

the proposed wording.

Two comments recommended that the

Coast Guard clarify the applicability to

terminal gear of § 164.74(b)(4), which

would have required a method for

emergency release of towlines. One

stated that the final rule should clarify

whether this wording applies to

synthetic towlines or towlines

employed without a winch and should

also specify whether the winch-brake

requirement of § 164.74(b)(7) will satisfy

the requirement of paragraph (b)(4) for

a tugboat outfitted with a tow winch.

The Coast Guard has clarified the

release requirement by removing the

term ‘‘emergency.’’ This requirement is

intended to ensure some manner of

safety disengaging the towline. If a

vessel has a winch, letting the cable run

off the drum will be acceptable. If a

vessel uses synthetic line, an axe will be

acceptable provided there is a protected

area where the person can stand while

releasing the line. The winch-brake

requirement is separate from this

releasing requirement: It ensures that

winch speed can be controlled, even if

power is lost.

Two comments recommended that the

towing-gear standards be more stringent

than proposed. They considered the

wording in § 164,74 too ambiguous,

especially the term ‘‘appropriate.’’ They

recommended that what is appropriate

should be some standard such as the

AWO Responsibile Carrier Program, the

U.S. Navy Standards, or some

manufacturers’ recommendations. They

urged that to be valid the final rule

should incorporate specific standards by

reference or spell them out. The Coast
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35069

Guard has not made this rule more

specific than proposed, because it

applies to a diverse industry and

because no current standards adequately

address every towing-vessel

arrangement. The Coast Guard has

allowed the owners and operators the

flexibility of developing their own

maintenance standards, but has outlined

specific, minimal criteria to ensure an

irreducible measure of safety.

Six comments stated that the

requirements for towlines and terminal

gear in general were not appropriate for

small assistance-towing vessels. Other

comments objected in particular to

requirements on thimbles, poured

sockets, wire cables, shackles, and metal

fittings, because these items could

damage light boats and injure personnel

aboard disabled vessels; on the use of

cotter pins or other means to secure

connections of terminal gear, because

such items are unacceptable and even

dangerous; and on testing towlines and

maintaining elaborate records of

towlines’ history, because these items

impose a disproportionate burden. The

Coast Guard has determined that these

requirements are not appropriate for

most small assistance-towing vessels. It

has amended the applicability of this

final rule from vessels of 8 meters in

length to vessels of 12 meters in length

and over. It developed these

requirements to ensure that towlines

remain intact and attached during

towing especially for those

combinations of tugs and barges that

pose greater risk to the waterways.

5. Navigation; Tests and Inspections;

Maintenance, Failure, and Reporting

Two comments expressed the opinion

that § 164.80 was not appropriate for

small assistance-towing vessels, since

applying the same criteria to a 1,600-

gross-ton (GT) vessel as to an 8–GT

vessel is not reasonable (least of all

when the latter uses an outboard motor).

The Coast Guard has determined that

§ 164.80 indeed should not apply to

small assistance-towing vessels. It has

amended the applicability of this rule

from vessels 8 meters in length to

vessels of 12 meters in length and over.

This change exempts smaller assistancetowing vessels, yet covers larger

assistance-towing vessels (also engaged

in commercial towing), which pose

greater risk to the waterways.

Three comments noted that proposed

§ 164.80 would have required vessel

operators to inspect and test equipment

before departure from port or at least

weekly. They supposed that the intent

was to compel routine, walk-through

inspections of a towing vessel’s vital

systems before its embarking on an

extended voyage. They contended that

any periodic tests or inspections might

fall mid-voyage while, in practice, all

tests and inspections fall either upon

embarkation or, by harbor tugs engaged

in essentially continuous service, upon

change of crew (weekly or biweekly).

They asserted that industry practices are

consistent with dictates of prudent

navigation. The Coast Guard agrees, and

has revised § 164.80 to ratify this

frequency of tests and inspections.

Three comments expressed confusion

over § 164.80(a)(2) due to the term

‘‘vessel-control alarms’’, which to them

connoted autopilot or steering-system

alarms. They stated that few towing

vessels have either of these. They

recommended either clarifying the

meaning or changing the requirement to

‘‘vessel’s installed alarm systems.’’ The

Coast Guard has kept the wording as

proposed. If steering-system alarms or

autopilot alarms are installed, it is

appropriate to test them before

departing from port; however, this final

rule does not require installation of

additional alarms.

One comment questioned whether

§ 164.80(b) should require that

navigational equipment be checked by

vessels under 1,600 GT. The Coast

Guard did not propose to require this

measure for towing vessels under 1,600

GT in the NPRM; however, it did state

that this equipment must be operational.

It is logical to include a test of this

equipment for these vessels and it is

consistent with the intent of the

rulemaking. The Coast Guard has added

a test of this equipment for towing

vessels under 1,600 GT.

Two comments stated that proposed

§ 164.82 should be more stringent. One

urge that § 164.82(d) have language

strong enough to obligate a towing

vessel’s operator to moor or anchor the

vessel if, in the operator’s judgment,

proceeding without radar would

jeopardize the safety of the tow, of other

vessels, or of the environment; at a

minimum, a tow of environmentally

hazardous cargoes should have to moor

in hours of darkness when the towing

vessel’s radar is inoperative. One

comment held that personnel who order

a vessel to depart with a broken radar

are ordering a ‘‘less seaworthy’’ vessel to

go to sea and should be held responsible

for doing so. The Coast Guard wrote this

requirement to ensure that towing

vessels’ owners, operators, and masters

address and correct equipment

problems. But it is not necessarily

unsafe to operate without a radar in

some areas and weather. The operator or

master certainly risks his or her license

if he or she operates in poor weather, at

night, or in congested traffic without an

operable radar. Section 164.82 of this

final rule outlines clearly that an owner

as well as an operator or master must

consider the conditions before leaving

port or continuing a transit once

equipment fails—one for avoiding

liability and each of the others for

keeping the license.

One comment raised the question

whether the COTP really wanted to

know if a small assistance-towing

vessel’s radar was inoperable in

accordance with § 164.82(d). The Coast

Guard has changed the applicability of

this final rule so most assistance-towing

vessels are exempt from the rule. Those

12 meters in length and over that also

operate as commercial towing vessels

remain subject to it, and should. The

Coast Guard has reviewed the reporting

requirements and values reports of

defective radars on all towing vessels of

12 meters or more in length engaged in

commercial towing.

Three comments recommend that

§ 164.82 include the option of

telephoning the COTP and requesting a

deviation for an inoperative radar.

Section 164.82(c) of this final rule

allows a phoned-in request for

deviation; but, because of the legal

nature of this type of request, it also

requires a written follow-up.

One comment recommended keeping

the words ‘‘Failure of redundant * * * ’’

in § 164.82(d). The Coast Guard concurs

and has kept them.

Two comments recommended

inserting the words ‘‘after entering a

port’’ behind ‘‘96 hours’’ in § 164.82(d)

because it is probable that a radar would

fail during a sea voyage and would be

inoperative more than 96 hours before a

technician could get aboard. The two

also felt that such a requirement would

create a burden because it would mean

that the vessel has to request a deviation

from each COTP as the vessel passes

through the zones. Information of an

inoperative radar is critical when a

vessel is under way, and services of a

technician should not be difficult to

obtain, least of all in the zones;

therefore, the Coast Guard has not

amended this requirement from the

NPRM.

One comment noted that, if this final

rule applied to foreign-flag vessels

towing in U.S. waters, it would mandate

equipment not now required by treaty

such as the International Convention for

the Safety of Life at Sea 74/78 (SOLAS),

as amended; the comment argued that to

impose regulations as a requirement of

port entry without agreement of the IMO

would be inappropriate. The comment

offered as an example the proposed

requirement for an illuminated swingmeter or magnetic compass: It is
35070 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

conceivable (though unlikely) that a

foreign-flag towing vessel not subject to

SOLAS would not have a compass. The

Coast Guard has determined that it

could not require less in this final rule

without defaulting on its duty to protect

the U.S. navigable waters from the risk

posed by towing vessels. These vessels

can seek from the COTP an exemption

if they enter U.S. navigable waters

without the required equipment. By

requiring this equipment, the Coast

Guard ensures that these vessels will be

adequately equipped while operating in

U.S. navigable waters or, at a minimum,

that the COTP will be aware of their

substandard state.

6. Logs

One comment recommended that the

final rule require maintenance of morecomprehensive logbooks; the proposed

rule would have authorized

maintenance of a simple ‘‘diary’’, which

the comment held insufficient because

it could not prove that vessel personnel

comply with the work-hour limitations

of 46 U.S.C. 8104 and would not offer

a comprehensive list of items to take

account of. The same comment

recommended that, because of the

illiteracy of some operators, log books

should have a minimal number of items

that could be answered by initial, checkmarks, or numbers rather than call for

long, narrative paragraphs. The same

comment recommended that § 164.78(b)

be streamlined to require a log entry

only when a pre-departure test or

inspection indicated a failure or

malfunction of a component; this

approach would be consistent with

industry practice and would minimize

unnecessary paperwork. The Coast

Guard considers it appropriate for

companies to determine the method of

recordkeeping that meets the

requirements in this rule and their own

needs and that suits the capability of the

operators and masters they employ.

(Again, manning and rest hours are not

within the scope of this rule.) To ensure

compliance with this rule, the Coast

Guard requires a record of tests even if

nothing fails. In the interest of

minimizing these reports, the Coast

Guard has not dictated the format of the

entry and will allow companies to

continue to use their established

procedures.

One comment recommended that the

local Officer in Charge of Marine

Inspection (OCMI) be authorized to

approve a company’s individual safetycertification process in lieu of

establishing a new and inflexible regime

of logging and reporting for ensuring

that vessels’ systems, gear, and the like

are inspected and tested. The Coast

Guard has changed the language on

inspecting and testing in this final rule

to reflect companies’ procedures. The

Coast Guard sees no need for an OCMI’s

special approval of a company’s

individual process. However, the

process must record at least the tests

and inspections required by this rule.

A final comment recommended that

retroreflective material be placed on

both sides of barges to aid in seeing the

barges, especially of a large tow. This is

outside the scope of this rulemaking,

but is under consideration by the

Navigation Safety Advisory Council

(NAVSAC). If found to be feasible, it

may be the subject of a separate

rulemking or of standard agreed to by

government and industry.

Incorporation by Reference

The Director of the Federal Register

has approved the material in § 164.03

for incorporation by reference under 5

U.S.C. 552 and 1 CFR Part 51. The

material is available as indicated in that

section.

Regulatory Evaluation

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

A final Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT has been

prepared and is available in the docket

for inspection or copying where

indicated under ADDRESSES. This final

rule applies to all commercial towing

vessels 12 meters or greater in length.

An estimated 4,686 existing towing

vessels currently operate on U.S. waters

and are affected by this rule. The Coast

Guard estimates that the one-time cost

of implementing this rule is $28 million.

Summaries of the comments to the

NPRM on its regulatory evaluation, of

the anticipated benefits of this final

rule, and of the estimated cost of this

rule follow:

Summary of Comments

Two comments held the statement

‘‘this rule would not result of a

significant economic impact on a

substantial number of small entities’’

entirely false. They noted that the cost

to upgrade a marine-assistance vessel

valued at $30,000 would be substantial.

This rule in final form does not affect

marine-assistance vessels; it affects only

those vessels engaged in commercial

towing. It applies to all of the latter

vessels 12 meters (39.25 feet) or greater

in length operating in U.S. waters.

These vessels will have to retain

manufacturing specifications on

towlines and regularly maintain and

inspect the towlines. They will have to

carry updated charts or maps and

publications, marine radar, and

searchlights. Some (depending on

service) will also have to carry magnetic

compasses or swing-meters, depthsounders, and electronic position-fixing

devices.

Summary of Benefits

The principal benefits of this final

rule will be to enhance the safety of

navigation and reduce the risk of

collisions, allisions, and groundings.

The allision in September, 1993, of a

tow with a fixed railroad bridge near

Mobile, Alabama, established the

necessity of navigational-safety

equipment for towing vessels. These

navigational-safety measures will

reduce damage to the human and

natural environments by increasing the

number of tools at the disposal of a

vessel operator, thereby decreasing the

likelihood of an accident.

The preliminary findings of studies

prepared after the derailment of the

Sunset Limited indicate that many

owners and operators of towing vessels

voluntarily equip their vessels with

much of the proposed equipment here

required. Review of the kind and

amount of equipment voluntarily

installed suggests the desirability of the

industry’s taking these measures. In

addition, reliability and performance of

modern navigational equipment has

improved, which also suggests that

mariners can have available to them, at

falling cost, valued, accurate

information. The benefits of each piece

of equipment are as follows:

A marine surface-navigation radar is

an essential piece of navigational-safety

equipment. Not only does it aid in

detecting and avoiding other vessels; it

helps in constricted waterways and

during periods of decreased visibility.

A searchlight also helps in restricted

waterways, and is essential in checking

the condition of tows and warning other

vessels of the presence of towlines.

A magnetic compass indicates

headings, which are critical to safe

navigation of a vessel in open waters. It

allows dead-reckoning in restricted

visibility, enables the vessel to fix its

position, helps the vessel to determine

the effect of winds and currents, and

tells the rate of turn for the tow.

A swing-meter, or rate-of-turn

indicator, tells the rate of turn for the
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35071

towing vessel itself, which is valuable

for every vessel pushing ahead and is

critical for every large, multiple-barge

tow pushing ahead. TSAC has indicated

the considerable value of this device to

every vessel pushing ahead.

A depth-sounder decreases the risk of

grounding. It provides immediate

information on depth, and also helps fix

the vessel’s position.

An electronic position-fixing device

has become a basic navigational tool on

board both offshore and coastal vessels.

It supplants plotting by traditional

means, for which few towing vessels

have either the time or the personnel.

Charts or maps, and publications,

have always been a basic navigational

tool. They give detailed, recent

information on obstructions, routes,

bridge clearances, communication

channels, river currents, and hazards to

navigation.

Finally, owners’ and operators’

retention of manufacturers’ data on the

breaking strength of towlines, together

with minimal standards of inspection

and serviceability, will help ensure that

towlines remain intact throughout

transits and are of the appropriate sizes

or configurations. The desirability of

keeping tugs made up to their barges

appears self-evident.

All of these measures serve essentially

the same purpose: to increase

navigational safety for towing vessels

and barges on U.S. waters. Although the

Coast Guard recognizes that many

prudent operators already practice

them, this rule will codify them,

provide basic performance standards for

the equipment, and compel compliance

for vessels not conforming to the sound

practices of the majority of the industry.

The benefits from these measures are

significant, but the Coast Guard cannot

quantify them from available data.

Summary of Costs

The present value of the one-time

costs to the towing industry of installing

the required navigational equipment is,

on a very conservative estimate, just

under $28 million. This estimate is

based on Coast Guard research. It

assumes that a high proportion of

vessels do not already carry the

equipment, and does not factor in the

difference in requirements for the

difference in routes. Therefore, although

it does not include costs for

maintenance and repair, the Coast

Guard expects that the actual value of

the costs to the industry will run

appreciably lower than $28 million.

The estimated one-time cost of towing

vessels 20 meters (65.62 feet) or more in

length totals $10.2 million; this comes

to about $4,600 a vessel. That for those

between 12 and 20 meters totals $17.4

million; this comes to about $7,000 a

vessel. The average cost for smaller

vessels, paradoxically, is higher than

that for larger ones because the Coast

Guard’s estimating methodology

assumes that a larger proportion of

smaller vessels do not already carry the

required navigational-safety equipment.

This final rule will impose recurring

costs in following years. There will be

three annual components of recurring

costs: updates, deviations, and towline

testing. (a) Estimated cost of updates is

$468,000 a year for the purchase of new

editions of charts or maps and

publications as necessary. (b) Estimated

costs of deviations is about $43,000 a

year, assuming 1,072 of them a year.

This number is low because the rule

will allow 96 hours to make any

necessary repairs. This is to decrease the

burden on industry, especially on small

entities. (c) Finally, estimated cost of

towline testing is about $300 a test. At

937 tests a year (20 percent of vessels),

this component will be $281,000 a year.

These three annual components of

recurring costs will total $792,000.

Small Entities

The costs to small entities will not be

significant, because, unlike the

proposed rule, this final rule exempts

towing vessels of less than 12 meters in

length, certain yard and fleeting craft,

assistance-towing vessels, and

pollution-response vessels; because of

the large number of vessels already in

compliance; and because of the phasein periods for several provisions.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

Under the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.), the Office of

Management and Budget (OMB) reviews

each rule that contains a collection-ofinformation requirement to determine

whether the practical value of the

information is worth the burden

imposed by its collection. Collection-ofinformation requirements include

reporting, recordkeeping, notification,

and other, similar requirements.

This final rule contains collection-ofinformation requirements in the

following sections: 164.72(b), 164.74(a)

164.78(b), and 164.82(d). The following

particulars apply:

DOT No.: 2115.

OMB Control No.: 2115–0628.

Administration: U.S. Coast Guard.

Title: Navigation Safety Equipment for

Towing Vessels.

Need for Information: This final rule

will require the mariner to log or

otherwise record information necessary

for the safe operation of the vessel,

including (1) Updating navigational

charts or maps and publications to

ensure that they accurately reflect local

conditions; (2) keeping documentation

on the vessel’s towline to verify its

strength and recording regular

inspections of it to ensure that it

remains sound; (3) recording tests of the

navigation and towing equipment to

ensure that they are functioning

properly; and (4) requesting a deviation

from the COTP if the vessel’s radar is

inoperative to ensure that this essential

equipment is repaired. These

recordkeeping requirements are

thoroughly consistent with good

commercial practice and the dictates of

good seamanship for safe navigation and

maintenance of critical navigationalsafety equipment.

Proposed Use of Information

The primary use of this information

will be to ensure that the mariner

records information necessary for the

safe operation and maintenance of the

vessel. The secondary use will be to

help Coast Guard inspectors determine

whether a vessel is in compliance or, in

the case of a casualty, whether failure to

comply with this final rule contributed

to the casualty. The Coast Guard has no

specific plan to collect these data for

statistical analysis.

Frequency of Response: The various

information called for by this final rule

will be recorded at different intervals.

Updates of charts or maps and

publications under § 164.72(b) bill occur

at least weekly. Towline verification

will entail, for each towline, keeping a

record of the initial manufacturing data

indefinitely. Entries in inspection logs

or other documentation for towlines

under § 164.74(a) will entail recording

at least monthly. The recording under

§ 164.78(b) of tests and inspection of

equipment will be frequent, and

consistent with the underway schedule

of the vessel. Finally, the submittal of

requests for deviations under

§ 164.82(d) should occur infrequently,

only when certain navigational-safety

equipment fails and remains inoperative

for greater than 96 hours.

Burden Estimate: 302,663 hours.

Respondents: 4,686 owners, masters,

or operators of towing vessels.

Average Burden Hours a respondent:

64.6 annual hours a respondent.

Persons need not respond to an

information collection unless it displays

a currently valid control number from
35072 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

OMB. This final rule contains

information collections that have been

approved by OMB.

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 (October 26, 1987) and has

determined that this rule does not have

sufficient implications for federalism to

warrant the preparation of a Federal

Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that, under paragraphs

2.B.2.e(34) (d) and (e) of Commandant

Instruction M16475.1B, this 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 in 33 CFR Part 164

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways, Incorporation

by reference.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 164 as follows:

PART 164—NAVIGATION SAFETY

REGULATIONS

1. The authority citation for part 164

is revised to read as follows:

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.

2103, 3703; 49 CFR 1.46. Sec. 164.13 also

issued under 46 U.S.C. 8502. Sec. 164.61 also

issued under 46 U.S.C. 6101.

2. In § 164.01, paragraph (b) is added

to read as follows:

§ 164.01 Applicability.

* * * * *

(b) Sections 164.70 through 164.82 of

this part apply to each towing vessel of

12 meters (39.4 feet) or more in length

operating in the navigable waters of the

United States other than the St.

Lawrence Seaway; except that a towing

vessel is exempt from the requirements

of § 164.72 if it 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) Any other vessel exempted by the

Captain of the Port (COTP). The COTP,

upon written request, may, in writing,

exempt a vessel from § 164.72 for a

specified route if he or she decides that

exempting it would not allow its unsafe

navigation under anticipated

conditions.

3. Section 164.03 is amended by

revising paragraph (b) to read as follows:

§ 164.03 Incorporation by reference.

* * * * *

(b) The materials approved for

incorporation by reference in this part

and the sections affected are as follows:

American Petroleum Institute

(API), 1220 L Street NW.,

Washington, DC 20005

API Specification 9A, Specification for Wire Rope, Section 3, Properties and Tests

for Wire and Wire Rope,

May 28, 1984 ........................ 164.74

American Society for Testing

and Materials (ASTM), 1916

Race Street, Philadelphia, PA

19103

ASTM D4268–93, Standard

Test Method for Testing

Fiber Ropes ........................... 164.74

Cordage Institute, 350 Lincoln

Street, Hingham, MA 02043

CIA–3, Standard Test Methods

for Fiber Rope Including

Standard Terminations, Revised, June 1980 ................... 164.74

International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, U.K.

IMO Resolution A342(IX), Recommendation on Performance Standards for Automatic Pilots, adopted November 12, 1975 ................... 164.13

International Telecommunication Union Radiocommunication Bureau (ITU–R), Place

de Nations CH–1211 Geneva

20 Switzerland

(1) ITU–R Recommendation

M.821, Optional Expansion

of the Digital Selective-Calling System for Use in the

Maritime Mobile Service,

1992 ....................................... 164.43

(2) ITU–R Recommendation

M.825, Characteristics of a

Transponder System Using

Digital Selective-Calling

Techniques for Use with

Vessel Traffic Services and

Ship-to-Ship Identification,

1992 ....................................... 164.43

Radio Technical Commission for

Maritime Services, 655 Fifteenth Street, NW., Suite 300,

Washington, DC 20005

(1) RTCM Paper 12–78/DO–

100, Minimum Performance

Standards, Loran C Receiving Equipment, 1977 ............ 164.41

(2) RTCM Paper 194–93/

SC104–STD, RTCM Recommended Standards for

Differential NAVSTAR GPS

Service, Version 2.1, 1994 ... 164.43

(3) RTCM Paper 71–95/SC112–

STD, RTCM Recommended

Standards for Marine Radar

Equipment Installed on

Ships of Less Than 300 Tons

Gross Tonnage, Version 1.1,

October 10, 1995 .................. 164.72

(4) RTCM Paper 191–93/

SC112–X, RTCM Recommended Standards for

Maritime Radar Equipment

Installed on Ships of 300

Tons Gross Tonnage and

Upwards, Version 1.2, December 20, 1993 ................... 164.72

4. Sections 164.70, 164.72, 164.74,

164.76, 164.78, 164.80, and 164.82

added to read as follows:

§ 164.70 Definitions.

For purposes of §§ 164.72 through

164.82, the term—

Current edition means the most recent

published version of a publication,

chart, or map required by § 164.72.

Currently corrected edition means a

current or previous edition of a

publication required by § 164.72,

corrected with changes that come from

Notices to Mariners (NTMs) or Notices

to Navigation reasonably available and

that apply to the vessel’s transit. Handannotated river maps from the U.S.

Army Corps of Engineers (ACOE) are

currently corrected editions if issued

within the previous 5 years.

Great Lakes means the Great Lakes

and their connecting and tributary

waters including the Calumet River as

far as the Thomas J. O’Brien Lock and

Controlling Works (between miles 326

and 327), the Chicago River as far as the

east side of the Ashland Avenue Bridge

(between miles 321 and 322), and the

Saint Lawrence River as far east as the

lower exit of Saint Lambert Lock.

Swing-meter means an electronic or

electric device that indicates the rate of

turn of the vessel on board which it is

installed.

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.

Western Rivers means the Mississippi

River, its tributaries, South Pass, and

Southwest Pass, to the navigationaldemarcation lines dividing the high seas

from harbors, rivers, and other inland

waters of the United States, and the Port

Allen-Morgan City Alternative Route,

and that part of the Atchafalaya River

above its junction with the Port AllenMorgan City Alternative Route
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35073

including the Old River and the Red

River and those waters specified by

§§ 89.25 and 89.27 of this chapter, and

such other, similar waters as are

designated by the COTP.

§ 164.72 Navigational-safety equipment,

charts or maps, and publications required

on towing vessels.

(a) Except as provided by § 164.01(b),

each towing vessel must be equipped

with the following navigational-safety

equipment:

(1) Marine Radar. By August 2, 1997,

a marine radar that meets the following

applicable requirements:

(i) For a vessel of less than 300 tons

gross tonnage that engages in towing on

navigable waters of the U.S., including

Western Rivers, the radar must meet—

(A) The requirements of the Federal

Communications Commission (FCC)

specified by 47 CFR part 80; and

(B) RTCM Standard for Marine Radar

Equipment Installed on Ships of Less

Than 300 Tons Gross Tonnage, RTCM

Paper 71–95/SC112–STD, Version 1.1,

display Category II and stabilization

Category Bravo.

(ii) For a vessel of less than 300 tons

gross tonnage that engages in towing

seaward of navigable waters of the U.S.

or more than three nautical miles from

shore on the Great Lakes, the radar must

meet—

(A) The requirements of the FCC

specified by 47 CFR part 80; and

(B) RTCM Standard for Marine Radar

Equipment Installed on Ships of Less

Than 300 Tons Gross Tonnage, RTCM

Paper 71–95/SC112–STD, Version 1.1,

display Category I and stabilization

Category Alpha.

(iii) For a vessel of 300 tons gross

tonnage or more that engages in towing,

the radar must meet RTCM

Recommended Standards for Marine

Radar Equipment Installed on Ships of

300 Tons Gross tonnage and Upwards,

RTCM Paper 191–93/SC112–X, Version

1.2.

(iv) A vessel with an existing radar

must meet the applicable requirements

of paragraphs (a)(1) (i) through (iii) of

this section by August 2, 1998; except

that a vessel with an existing radar must

meet the display and stabilization

requirements of paragraph (a)(1)(ii)(B) of

this section by August 2, 2001.

(2) Searchlight. A searchlight,

directable from the vessel’s main

steering station and capable of

illuminating objects at a distance of at

least two times the length of the tow.

(3) VHF–FM Radio. An installation or

multiple installations of VHF–FM radios

as prescribed by part 26 of this chapter

and 47 CFR part 80, to maintain a

continuous listening watch on the

designated calling channel, VHF–FM

Channel 13 (except on portions of the

Lower Mississippi River, where VHF–

FM Channel 67 is the designated calling

channel), and to separately monitor the

International Distress and Calling

Channel, VHF–FM Channel 16, except

when transmitting or receiving traffic on

other VHF–FM channels or when

participating in a Vessel Traffic Service

(VTS) or monitoring a channel of a VTS.

(Each U.S. towing vessel of 26 feet

(about 8 meters) or more in length,

except a public vessel, must hold a shipradio-station license for radio

transmitters (including radar and

EPIRBs), and each operator must hold a

restricted operator’s license or higher.

To get an application for either license,

call (800) 418–FORM or (202) 418–

FORM, or write to the FCC; Wireless

Bureau, Licensing Division; 1270

Fairfield Road; Gettysburg, PA 17325–

7245.)

(4) Magnetic Compass. Either—

(i) An illuminated swing-meter or an

illuminated car-type magnetic steering

compass readable from the vessel’s main

steering station, if the vessel engages in

towing exclusively on Western Rivers;

or

(ii) An illuminated card-type

magnetic steering compass readable

from the vessel’s main steering station.

(5) Echo Depth-Sounding Device. By

August 2, 2001, an echo depth-sounding

device readable from the vessel’s main

steering station, unless the vessel

engages in towing exclusively on

Western Rivers.

(6) Electronic Position-Fixing Device.

An electronic position-fixing device,

either a LORAN–C receiver or a satellite

navigational system such as the Global

Positioning System (GPS) as required by

§ 164.41, if the vessel engages in towing

seaward of navigable waters of the U.S.

or more than three nautical miles from

shore on the Great Lakes.

(b) Each towing vessel must carry on

board and maintain the following:

(1) Charts or maps. Marine charts or

maps of the areas to be transited,

published by the National Ocean

Service (NOS), the ACOE, or a river

authority that satisfy the following

requirements:

(i) The charts or maps must be of a

large enough scale and have enough

detail to make safe navigation of the

areas possible.

(ii) The charts or maps must be

either—

(A) Current editions or currently

corrected editions, if the vessel engages

in towing exclusively on navigable

waters of the U.S., including Western

Rivers; or

(B) Currently corrected editions, if the

vessel engages in towing seaward of

navigable waters of the U.S. or more

than three nautical miles from shore on

the Great Lakes.

(iii) The charts or maps may be,

instead of charts or maps required by

paragraphs (b)(1) (i) and (ii) of this

section, currently corrected marine

charts or maps, or applicable extracts,

published by a foreign government.

These charts or maps, or applicable

extracts, must contain information

similar to that on the charts or maps

required by paragraphs (b)(1) (i) and (ii)

of this section, be of large enough scale,

and have enough detail to make safe

navigation of the areas possible, and

must be currently corrected.

(3) General publications. A currently

corrected edition of, or an applicable

currently corrected extract from, each of

the following publications for the area

to be transited:

(i) If the vessel is engaged in towing

exclusively on Western Rivers—

(A) U.S. Coast Guard Light List;

(B) Applicable Notices to Navigation

published by the ACOE, or Local

Notices to Mariners (LNMs) published

by the Coast Guard, for the area to be

transited, when available; and

(C) River-current tables published by

the ACOE or a river authority, if

available.

(ii) If the vessel is engaged other than

in towing exclusively on Western

Rivers—

(A) Coast Guard Light List;

(B) Notices to Mariners published by

the Defense Mapping Agency, or LNMs

published by the Coast Guard;

(C) Tidal-current tables published by

the NOS, or river-current tables

published by the ACOE or a river

authority:

(D) Tide tables published by the NOS;

and

(E) U.S. Coast Pilot.

(c) Table 164.72, following,

summarizes the navigational-safety

equipment, charts or maps, and

publications required for towing vessels

of 12 meters or more in length:
35074 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

TABLE 164.72.—EQUIPMENT, CHARTS OR MAPS, AND PUBLICATIONS OF TOWING VESSELS OF 12 METERS OR MORE IN

LENGTH

Western rivers U.S. navigable waters other than Western rivers

Waters seaward of navigable waters

and 3 NM or more from shore on the

Great Lakes

Marine Radar:

Towing vessels

of less than

300 GT.

RTCM Paper 71–95/SC112–STD Version 1.1, Display Category II 1 Stabilization Category BRAVO.RTCM Paper 71–95/SC112–STD Version 1.1, Display Category II 1 Stabilization Category BRAVO.RTCM Paper 71–95/SC112–STD Version 1.1, Display Category I 2 Stabilization Category ALPHA.

Towing vessels

of 300 GT or

more.

RTCM Paper 191–93/SC112–X Version

1.2.1

RTCM Paper 191–93/SC112–X Version

1.2.1

RTCM Paper 191–93/SC112–X Version

1.2.1

Searchlight ....... X .............................................................. X .............................................................. X.

VHF–FM radio X .............................................................. X .............................................................. X.

Magnetic compass.X3 ........................................................... X .............................................................. X.

Swing-meter .... X3 ........................................................... .................................................................

Echo depthsounding device.................................................................. X .............................................................. X.

Electronic position-fixing device.X.

Charts or maps (1) Large enough scale .......................... (1) Large enough scale .......................... (1) Large enough scale.

(2) Current edition or currently corrected

edition.

(2) Current edition or currently corrected

edition.

(2) Currently corrected edition.

General publications.(1) U.S. Coast Guard Light List .............. (1) U.S. Coast Guard Light List .............. (1) U.S. Coast Guard Light List.

(2) Notices to Navigation or Local Notice

to Mariners.

(2) Local Notices to Mariners ................. (2) Local Notices to Mariners.

(3) River-current Tables .......................... (3) Tidal-current Tables .......................... (3) Tidal-current Tables.

(4) Tide Tables ....................................... (4) Tide Tables.

(5) U.S. Coast Pilot ................................. (5) U.S. Coast Pilot.

NOTES: 1Towing vessels with existing radar must meet this requirement by August 2, 1998.

2Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the display and stabilization requirement until August 2, 2001. 3A towing vessel may carry either a swing-meter or a magnetic compass.

§ 164.74 Towline and terminal gear for

towing astern.

(a) Towline. The owner, master, or

operator of each vessel towing astern

shall ensure that the strength of each

towline is adequate for its intended

service, considering at least the

following factors:

(1) The size and material of each

towline must be—

(i) Appropriate for the horsepower or

bollard pull of the vessel;

(ii) Appropriate for the static loads

and dynamic loads expected during the

intended service;

(iii) Appropriate for the sea

conditions expected during the

intended service;

(iv) Appropriate for exposure to the

marine environment and to any

chemicals used or carried on board the

vessel;

(v) Appropriate for the temperatures

of normal stowage and service on board

the vessel;

(vi) Compatible with associated

navigational-safety equipment; and

(vii) Appropriate for the likelihood of

mechanical damage.

(2) Each towline as rigged must be—

(i) Free of knots;

(ii) Spliced with a thimble, or have a

poured socket at its end; and

(iii) Free of wire clips except for

temporary repair, for which the towline

must have a thimble and either five wire

clips or as many wire clips as the

manufacturer specifies for the nominal

diameter and construction of the

towline, whichever is more.

(3) The condition of each towline

must be monitored through the—

(i) Keeping on board the towing vessel

or in company files of a record of the

towline’s initial minimum breaking

strength as determined by the

manufacturer, by a classification

(‘‘class’’) society authorized in § 157.04

of this chapter, or by a tensile test that

meets API Specification 9A,

Specification for Wire Rope, Section 3;

ASTM D4268–93, Standard Test Method

for Testing Fiber Ropes; or Cordage

Institute CIA 3, Standard Test Methods

for Fiber Rope Including Standard

Terminations;

(ii) If the towline is purchased from

another owner, master, or operator of a

vessel with the intent to use it as a

towline or if it is retested for any reason,

keeping on board the towing vessel or

in company files of a record of each

retest of the towline’s minimum

breaking strength as determined by a

class society authorized in § 157.04 of

this chapter or by a tensile test that

meets API Specification 9A, Section 3;

ASTM D4268–93; or Cordage Institute

CIA 3, Standard Test Methods;

(iii) Conducting visual inspections of

the towline in accordance with the

manufacturer’s recommendations, or at

least monthly, and whenever the

serviceability of the towline is in doubt

(the inspections being conducted by the

owner, master, or operator, or by a

person on whom the owner, master, or

operator confers the responsibility to

take corrective measures appropriate for

the use of the towline);

(iv) Evaluating the serviceability of

the whole towline or any part of the

towline, and removing the whole or part

from service either as recommended by

the manufacturer or a class society

authorized in § 157.04 of this chapter or

in accordance with a replacement

schedule developed by the owner,

master, or operator that accounts for at

least the—
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 35075

(A) Nautical miles on, or time in

service of, the towline;

(B) Operating conditions experienced

by the towline;

(C) History of loading of the towline;

(D) Surface condition, including

corrosion and discoloration, of the

towline;

(E) Amount of visible damage to the

towline;

(F) Amount of material deterioration

indicated by measurements of diameter

and, if applicable, measurements of lay

extension of the towline; and

(G) Point at which a tensile test

proves the minimum breaking strength

of the towline inadequate by the

standards of paragraph (a)(1) of this

section, if necessary; and

(v) Keeping on board the towing

vessel or in company files of a record of

the material condition of the towline

when inspected under paragraphs

(a)(3)(iii) and (iv) of this section. Once

this record lapses for three months or

more, except when a vessel is laid up or

out of service or has not deployed its

towline, the owner, master, or operator

shall retest the towline or remove it

from service.

(b) Terminal gear. The owner, master,

or operator of each vessel towing astern

shall ensure that the gear used to

control, protect, and connect each

towline meets the following criteria:

(1) The material and size of the

terminal gear are appropriate for the

strength and anticipated loading of the

towline and for the environment;

(2) Each connection is secured by at

least one nut with at least one cotter pin

or other means of preventing its failure;

(3) The lead of the towline is

appropriate to prevent sharp bends in

the towline from fairlead blocks, chocks,

or tackle;

(4) There is provided a method,

whether mechanical or non-mechanical,

that does not endanger operating

personnel but that easily releases the

towline;

(5) The towline is protected from

abrasion or chafing by chafing gear,

lagging, or other means;

(6) Except on board a vessel towing in

ice on Western Rivers or one using a

towline of synthetic or natural fiber,

there is fitted a winch that evenly spools

and tightly winds the towline; and

(7) If a winch is fitted, there is

attached to the main drum a brake that

has holding power appropriate for the

horsepower or bollard pull of the vessel

and can be operated without power to

the winch.

§ 164.76 Towline and terminal gear for

towing alongside and pushing ahead.

The owner, master, or operator of

each vessel towing alongside or pushing

ahead shall ensure that the face wires,

spring lines, and push gear used—

(a) Are appropriate for the vessel’s

horsepower;

(b) Are appropriate for the

arrangement of the tow;

(c) Are frequently inspected; and

(d) Remain serviceable.

§ 164.78 Navigation under way: Towing

vessels.

(a) The owner, master, or operator of

each vessel towing shall ensure that

each person directing and controlling

the movement of the vessel—

(1) Understands the arrangement of

the tow and the effects of maneuvering

on the vessel towing and on the vessel,

barge, or object being towed;

(2) Can fix the position of the vessel

using installed navigational equipment,

aids to navigation, geographic referencepoints, and hydrographic contours;

(3) Does not fix the position of the

vessel using buoys alone (Buoys are aids

to navigation placed in approximate

positions either to alert mariners to

hazards to navigation or to indicate the

orientation of a channel. They may not

maintain exact charted positions,

because strong or varying currents,

heavy seas, ice, and collisions with

vessels can move or sink them or set

them adrift. Although they may

corroborate a position fixed by other

means, they cannot fix a position;

however, if no other aids are available,

buoys alone may establish an estimated

position.);

(4) Evaluates the danger of each

closing visual or radar contact;

(5) Knows and applies the variation

and deviation, where a magnetic

compass is fitted and where charts or

maps have enough detail to enable this

type of correction;

(6) Knows the speed and direction of

the current, set, drift, and tidal state for

the area to be transited; and

(7) Proceeds at a speed prudent for the

weather, visibility, traffic density, tow

draft, possibility of wake damage, speed

of the current, and local speed-limits.

(b) The owner, master, or operator of

each vessel towing shall ensure that the

tests and inspections required by

§ 164.80 are conducted and that the

results are entered in the log or other

record carried on board.

§ 164.80 Tests and inspections.

(a) The owner, master, or operator of

each towing vessel of less than 1,600 GT

shall ensure that the following tests and

inspections of gear occur before the

vessel embarks on a voyage of more than

24 hours or when each new master or

operator assumes command:

(1) Steering-systems. A test of the

steering-gear-control system; a test of

the main steering gear from the

alternative power supply, if installed; a

verification of the rudder-angle

indicator relative to the actual position

of the rudder; and a visual inspection of

the steering gear and its linkage.

(2) Navigational equipment. A test of

all installed navigational equipment.

(3) Communications. Operation of all

internal vessel control communications

and vessel-control alarms, if installed.

(4) Lights. Operation of all

navigational lights and all searchlights.

(5) Terminal gear. Visual inspection

of tackle; of connections of bridle and

towing pendant, if applicable; of chafing

gear; and of the winch brake, if

installed.

(6) Propulsion systems. Visual

inspection of the spaces for main

propulsion machinery, of machinery,

and of devices for monitoring

machinery.

(b) The owner, master, or operator of

each towing vessel of 1,600 GT or more

shall ensure that the following tests of

equipment occur at the frequency

required by § 164.25 and that the

following inspections of gear occur

before the vessel embarks on a voyage

of more than 24 hours or when each

new master or operator assumes

command:

(1) Navigational equipment. Tests of

onboard equipment as required by

§ 164.25.

(2) Terminal gear. Visual inspection

of tackle; of connections of bridle and

towing pendant, if applicable; of chafing

gear; and of the winch brake, if

installed.

§ 164.82 Maintenance, failure, and

reporting.

(a) Maintenance. The owner, master,

or operator of each towing vessel shall

maintain operative the navigationalsafety equipment required by § 164.72.

(b) Failure. If any of the navigationalsafety equipment required by § 164.72

fails during a voyage, the owner, master,

or operator of the towing vessel shall

exercise due diligence to repair it at the

earliest practicable time. He or she shall

enter its failure in the log or other

record carried on board. The failure of

equipment, in itself, does not constitute

a violation of this rule; nor does it

constitute unseaworthiness; nor does it

obligate an owner, master, or operator to

moor or anchor the vessel. However, the

owner, master, or operator shall

consider the state of the equipment—

along with such factors as weather,

visibility, traffic, and the dictates of

good seamanship—in deciding whether

it is safe for the vessel to proceed.

(c) Reporting. The owner, master, or

operator of each towing vessel whose
35076 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

equipment is inoperative or otherwise

impaired while the vessel is operating

within a Vessel Traffic Service (VTS)

Area shall report the fact as required by

33 CFR 161.124. (33 CFR 161.124

requires that each user of a VTS report

to the Vessel Traffic Center as soon as

practicable:

(1) Any absence or malfunction of

vessel-operating equipment for

navigational safety, such as propulsion

machinery, steering gear, radar,

gyrocompass, echo depth-sounding or

other sounding device, automatic

dependent surveillance equipment, or

navigational lighting;

(2) Any condition on board the vessel

likely to impair navigation, such as

shortage of personnel or lack of current

nautical charts or maps, or publications;

and

(3) Any characteristics of the vessel

that affect or restrict the

maneuverability of the vessel, such as

arrangement of cargo, trim, loaded

condition, under-keel clearance, and

speed.)

(d) Deviation and authorization. The

owner, master, or operator of each

towing vessel unable to repair within 96

hours an inoperative marine radar

required by § 164.72(a) shall so notify

the Captain of the Port (COTP) and shall

seek from the COTP both a deviation

from the requirements of this section

and an authorization for continued

operation in the area to be transited.

Failure of redundant navigational-safety

equipment, including but not limited to

failure of one of two installed radars,

where each satisfies § 164.72(a), does

not necessitate either a deviation or an

authorization.

(1) The initial notice and request for

a deviation and an authorization may be

spoken, but the request must also be

written. The written request must

explain why immediate repair is

impracticable, and state when and by

whom the repair will be made.

(2) The COTP, upon receiving even a

spoken request, may grant a deviation

and an authorization from any of the

provisions of §§ 164.70 through 164.82

for a specified time if he or she decides

that they would not impair the safe

navigation of the vessel under

anticipated conditions.

Dated: June 26, 1996.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief,

Marine Safety and Environmental Protection.

[FR Doc. 96–16892 Filed 7–2–96; 8:45 am]

BILLING CODE 4910–14–M