[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]
[Page 34064-34072]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-18]
[[Page 34064]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 164
46 CFR Parts 25 and 27
[USCG-2000-6931]
RIN 1625-AA60 [Formerly RIN 2115-AF53]
Fire-Suppression Systems and Voyage Planning for Towing Vessels
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This final rule adopts, with changes, the interim rule
published on April 29, 2003, that required the installation of fire-
suppression systems in the engine rooms of towing vessels and voyage
planning. This rule aims at reducing the number of uncontrolled engine-
room fires and other mishaps on towing vessels. It should save lives,
reduce property damage, and reduce the associated threats to maritime
commerce and the environment.
DATES: This final rule is effective July 19, 2004. The incorporation by
reference of certain publications in this rule is approved by the
Director of the Federal Register as of July 19, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of this docket and are available for inspection or copying at
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. You may also find this docket on the
Internet at http://dms.dot.gov/.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Randall Eberly, P. E., Project Manager, at 202-267-1861. If you
have questions on viewing or submitting material to the docket, call
Andrea M. Jenkins, Program Manager, Docket Operations, Department of
Transportation, at telephone 202-366-0271.
SUPPLEMENTARY INFORMATION:
Background and Purpose
In 1996, as a result of the tugboat SCANDIA's catching fire and
causing the spillage of about 850,000 gallons of oil from the barge
NORTH CAPE, which it was towing, Congress amended (in Public Law 104-
324) section 902 of the Coast Guard Authorization Act [codified as 46
U.S.C. 3719] to direct the Secretary of Transportation to prescribe
rules for fire-suppression equipment on towing vessels (See Statutory
Mandate for a statement of current authority). Subsequently, on October
6, 1997, we published a notice of proposed rulemaking (NPRM) in the
Federal Register titled ``Towing Vessel Safety'' [62 FR 52057]. The
NPRM proposed fire-suppression measures on towing vessels, but did not
make the installation of fixed fire-suppression systems mandatory on
existing vessels, because their engine rooms were typically not
designed as enclosed spaces. Instead, it proposed a combination of
fire-detection systems, semi-portable fire extinguishers, training of
crews, and fixed or portable fire pumps. It also solicited public
comments on principles of voyage planning for the development of a
future Navigation and Vessel Inspection Circular (NVIC).
A number of comments submitted in response to the NPRM criticized
the proposed fire-safety measures, saying they failed to meet the
intent of the Authorization Act because they did not entail total-
flooding fixed fire-suppression systems on all vessels, or, at least,
not on all towing vessels used to transport oil and other hazardous
substances. Many of the comments also held our logic of proposing
alternative measures on existing vessels flawed, because there are
specially designed fixed fire-suppression systems available for engine
rooms that are not enclosed. Some of them also maintained that the
proposed measures were inadequate because they did not consider
vessels' characteristics, their methods of operation, or their nature
of service, nor did they differentiate between ocean-going tugboats and
inland towboats. Yet another group of comments disputed entirely the
need for supplemental fire-suppression equipment, citing the
established safety record of the towing industry, and pointing out that
the SCANDIA incident was an isolated occurrence.
While most of the comments disagreed with our proposals for fire-
suppression equipment, most agreed with our proposals for added safety
measures, such as communication systems and fire-detection systems. We
therefore divided the fire-protection issues into two separate
rulemakings. The less-controversial requirements we addressed in an
interim rule titled: ``Fire Protection Measures for Towing Vessels''
[USCG-1998-4445], which was published on October 19, 1999 [64 FR
56257]. That rule implemented requirements for general-alarm systems,
internal-communication systems, fire-detection systems, remote fuel-
shut-off valves, and monthly drills on all non-exempt towing vessels.
Those requirements ultimately appeared in a final rule on August 28,
2000 [65 FR 52043]. That rule involved some minor changes based on
comments received on the docket, but did not address requirements for
fire-suppression systems, either manual or fixed.
We began a separate rulemaking to address the controversial
requirements for fire-suppression systems. On November 8, 2000, we
published a supplemental notice of proposed rulemaking (SNPRM)
entitled: ``Fire-Suppression Systems and Voyage Planning for Towing
Vessels'' [USCG-2000-6931][65 FR 66941]. The SNPRM included voyage
planning in response to public comments made on the docket for the
prior proposal. We received cogent comments doubting whether voyage
planning was amenable to treatment in a NVIC. We therefore proposed
rules that would require completion of a voyage-planning analysis
before each trip.
As announced in a notice of meeting [65 FR 82030] on February 8,
2001, a public meeting occurred during the comment period in
Washington, DC. At the meeting, the Chairman of the Towing Safety
Advisory Committee (TSAC) advised us that the comment period was
scheduled to close before the regularly scheduled meeting of the TSAC
on March 14-15, 2001, and that, consequently, we would not have the
benefit of the members' input. So we published a notice [66 FR 11241]
extending the comment period until May 8, 2001, to allow the members
more time for comments. During the extended comment period, we received
requests from several operators of towing vessels on the Western Rivers
to hold another public meeting, at a place convenient to the inland
waterways. We honored this request by, again, publishing a notice [66
FR 36224] extending the comment period, and announcing that we would
hold a second meeting, in Huntington, West Virginia, on August 15,
2001.
The interim rule published on April 29, 2003 [68 FR 22604] changed
the requirements proposed in the SNPRM in response to the comments
received, both on the docket and at the two public meetings. The
interim rule prescribed that non-exempted towing vessels must--
Be fitted with fire-suppression equipment in their engine
rooms; and
Not proceed on a trip or voyage beyond the territorial sea
baseline before completing a plan for the trip or voyage.
However, separate requirements were proposed for (1) vessels in
inland service and (2) those in ocean or coastal service.
[[Page 34065]]
These changes were made in the interim rule because the public
response to the SNPRM was overwhelmingly negative. Most of the comments
opposed the requirement for fixed fire-suppression systems on towing
vessels in inland service, and suggested we allow manual fire-fighting
measures on those vessels. Most of the comments on voyage planning
opposed its application to towing vessels on inland waters. After
considering all of the comments to the SNPRM along with the fire-
related casualty statistics available for towing vessels, we decided to
accept manual fire-fighting equipment and measures as an alternative to
fixed fire-suppression systems on all towing vessels operating
exclusively on inland waters. However, we still required the
installation of fixed fire-suppression systems in the engine rooms of
new ocean or coastal service towing vessels whose construction was
contracted for on or after August 27, 2003. And the applicability of
the voyage-planning requirement was narrowed, so that it does not apply
to towing vessels operating exclusively on inland waters.
The public response to the interim rule showed that the changes we
made were generally acceptable to the towing industry. Several limited
comments were submitted in response to the interim rule, and they are
summarized under Discussion of Comments and Changes.
Statutory Mandate
Section 902 of the Authorization Act of 1996 directs that the Coast
Guard consider requiring the installation, maintenance, and use of
fire-suppression systems or other such measures on towing vessels. It
further directs that the Coast Guard develop rules for the installation
``of a fire-suppression system or other measures to provide adequate
assurance that a fire on board a towing vessel, that is towing a non-
self-propelled tank vessel, can be suppressed under reasonably
foreseeable circumstances.''
On March 1, 2003, by authority of subsection 103(c) of the
Homeland-Security Act of 2002 [Pub. L. 107-296], the Coast Guard
shifted from the Department of Transportation to the Department of
Homeland Security. The Secretary of Homeland Security supports this
rulemaking as an important initiative.
Discussion of Comments and Changes
The docket received a total of 9 letters containing 17 comments on
the interim rule. Of the comments, 15 dealt with fire suppression while
2 dealt with voyage planning. The following paragraphs contain
summaries of the comments (and explanations of any changes made by this
rule to the interim rule) under the category-headings that follow:
Requirement for a Fixed Fire-Extinguishing System
One comment indicated support for changing the rule to require
fixed fire-extinguishing systems for the protection of all towing
vessels' engine rooms. This comment was not adopted for the reasons
explained in the interim rule (68 FR 22606).
Design of Fixed Suppression Systems
One comment recommended that we add criteria to Sec. 27.305(b) to
require that engine-intake air must come from outside the engine room.
The commenter felt that this would allow the vessel's engine or engines
to continue to operate if the extinguishing system was discharged. We
do not agree with this comment. If there were a fire in the engine
room, the engine could be affected by fire-related damage despite the
source of intake air. We expect that the fixed-fire suppression system
will limit this damage.
Requirements for Semi-Portable Fire Extinguishers
One comment expressed concern that the requirement for a size B-V
semi-portable fire extinguisher on all towing vessels was excessive.
The comment proposed that a size B-III portable extinguisher would be
satisfactory for the protection of towing vessels under 79 feet (24 m)
in length. We do not agree with this proposal. The severity of an
engine-room fire is not related to the length of the vessel, but to the
fire hazard present in the engine room. The use of marine diesel fuel
oil poses a sufficient hazard to warrant the higher fire-suppression
capability of a size B-V extinguisher.
Editorial
Another comment recommended revising the wording of Sec. 27.209 to
prescribe the use of video training materials instead of videotapes,
since DVD format is now routinely used. We agree with this and have
changed the section accordingly.
Applicability
One comment questioned the clarity of the exemptions listed in
Sec. 27.100-- specifically, the use of the word ``solely'' in each
sub-paragraph of Sec. 27.100, (b)(1) through (4). The comment noted
that the use of the word ``solely'' within each sub-paragraph would
appear to exclude vessels that perform more than one of the exempted
services from being granted an exemption. We agree with the comment. It
was not our intent to prevent towing vessels that may perform multiple
services not involving the towing of barges from receiving an
exemption. We have revised the text of the rule to further clarify
which vessels may receive an exemption.
A related comment criticized the wording in the exemption listed in
Sec. 27.100(b)(7) that permits vessels that operate within 20 miles of
shore and in fair weather, a general exemption from the rule. The
comment pointed out that, as it currently stands, this exemption would
permit a wide range of towing vessels to move tank barges for
significant distances within the permitted 20-mile limit from shore. If
an engine-room fire were to occur on one of these vessels that caused
the loss of propulsion or steering, a significant polluting accident
could occur. We agree with this observation. It was our intent that the
exemption only apply to certain towing vessels--those pushing a barge
ahead or hauling a barge alongside--that normally operate in inland
service and occasionally travel, in fair weather only, beyond the
territorial sea baseline of the U.S. for very short distances on pre-
determined routes. The proposed wording and the location of the
exemption within the rule were in error. To correct this, we have moved
the exemption to Sec. 27.305 and narrowed the acceptable operating
distance to within 12 miles of shore.
Another comment requested that we reconsider the exemption for
harbor-assist tugs stated in Sec. 27.100(b). The comment suggested
that fixed fire-suppression systems should be required on such vessels
because local fire departments in that State did not have the resources
to fight vessel fires. We do not agree with this comment and have not
changed the rule because of it. In our NPRM and SNPRM, we considered
the extent of the fire hazard attributable to harbor-assist tugs
nationwide, and determined that, because they do not routinely move
tank barges, they present an acceptable level of risk.
Other comments argued that we should require qualified fire-
fighting training and personal protective gear for crewmembers. The
comments disagreed with our view in the SNPRM that the costs associated
with maintaining the correct gear in the sizes needed for each
crewmember would be prohibitive, arguing instead that most crewmembers
could wear a size large. They also argued that the lack of personal
protective gear and fire-fighting training would shift the burden for
the safety of towing vessels from the operators of the
[[Page 34066]]
vessels to the local fire departments. We do not agree with these
opinions, and maintain the position taken in the SNPRM that our
analysis of casualties indicates that all fires put out by crewmembers
were put out by crewmembers without benefit of extensive training or
protective clothing. We therefore have decided not to amend the final
rule.
Requirements for Inspection
We received two comments that recommended that we subject towing
vessels to inspection by the Coast Guard. This suggestion is outside
the scope of this rulemaking and has not been considered in the final
rule.
Fire Pump Controls
Several comments requested that we reconsider the requirement in
Sec. 27.301(a)(2) that a crewmember be able to energize the fixed fire
pump from the operating station. The commenters suggested that this was
too restrictive a requirement and that locating the fire-pump control
at any safe place outside the engine room would be suitable. We agree
and have changed the wording of this section.
A related comment pointed out that the fire-main valves need to be
included in the requirements for remote operation, because they may not
be normally kept in the open position. We acknowledge that this could
be a problem if the fire main has valves. However, we have not issued
any rules that require valves to be installed. Acting on this
suggestion, we have added criteria for being able to remotely operate
any valves in the fire main.
Incorporation by Reference
We received comments from the National Fire Protection Association,
whose standards we incorporate by reference in Sec. 27.102, informing
us that the references we cited have been updated. The Association
recommends that the reference to NFPA 302--Pleasure and Commercial
Motorcraft-- be changed from the 1989 edition to the 1998 edition. The
other reference in need of updating is NFPA 750--Standard on Water Mist
Fire Protection Systems. In the interim rule we cited the 2000 edition.
The current edition is 2003. We have decided to make the recommended
changes. The Association also recommended that we cite NFPA standard
301--Safety to Life From Fire on Merchant Vessels--for informational
purposes, since chapter 18 of this standard addresses towing vessels.
We have not done so, because we do not incorporate the standard by
reference in the rule.
Voyage Planning
One comment suggested that we require every towing vessel to be
equipped with an electronic chart-plotter and that mariners be trained
in its use. This requirement is outside the scope of this rulemaking
and has not been considered.
A second comment recommended that we reconsider our position to
exempt inland towing vessels from performing voyage or trip planning.
The comment did not supply any new information on this topic. We have
made no changes to the rule in response to this request.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. However, it is significant under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The Regulatory Evaluation in the docket for the interim
rule is unchanged for the final rule.
A summary of the Evaluation follows:
We expect measures published in this rule to yield a benefit-to-
cost ratio of about 1.6-to-1. Estimated benefits, in the form of
avoided injuries and avoided damage to vessels and property, are around
$29.5 million. In addition, the measures are estimated to prevent
14,139 barrels of oil pollution. The estimated total present-value cost
of this rulemaking is $18.6 million. The table following this paragraph
illustrates the calculation of total benefits and costs and also breaks
out the benefits and costs of the fire-suppression and voyage-planning
components. The period of analysis is from 2003 until 2015. Most of the
costs are incurred in the first two years of the analysis period, as
this is when industry will incur the capital costs of installing manual
fire-fighting equipment.
Total Costs, Benefits, and Benefit/Cost Ratios of Requirements for Fire-
Suppression and Voyage Planning
[2003-2015]
------------------------------------------------------------------------
------------------------------------------------------------------------
Present-Value Total Cost of Fire-Suppression.......... $16,975,875
Present-Value Total Benefit of Fire-Suppression....... $24,325,311
Barrels of Pollution Avoided.......................... 9,032
Benefit/Cost Ratio.................................... 1.43:1
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Present-Value Total Cost of Voyage Planning........... $1,633,346
Present-Value Total Benefit of Voyage Planning........ $5,104,360
Barrels of Pollution Avoided.......................... 5,107
Benefit/Cost Ratio.................................... 3.13:1
-------------------------------------------------------
Present-Value Total Cost of Rule...................... $18,609,221
Present-Value Total Benefit of Rule................... $29,429,671
Barrels of Pollution Avoided by Rule.................. 14,139
Benefit/Cost Ratio of Rule............................ 1.58:1
------------------------------------------------------------------------
Note: Benefit/Cost ratio is present-value total benefit divided by the
present-value total cost.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq., the
Coast Guard considers the economic impact on small entities of each
rule for which a general notice of proposed rulemaking is required.
``Small entities'' include: small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The requirements contained in this rule will have much less of an
impact on small entities than those contained in the SNPRM published
November 8, 2000. There, we indicated that the requirements contained
in the SNPRM might constitute a significant impact on
[[Page 34067]]
a substantial number of small entities. The total present-value cost of
the requirements contained in the SNPRM was around $116 million.
The SNPRM initially required the installation of a fixed fire-
suppression system in the engine room of a towing vessel as an
alternative to manual fire-suppression systems. The IR, however,
prescribed the installation of manual fire-suppression equipment in
place of a more costly fixed fire-suppression system for all new and
existing inland and coastal towing vessels. A fixed fire-suppression
system would be required for new coastal towing vessels only. Since the
estimated number of new coastal towing vessels is small, this greatly
reduced the costs for the fire-suppression requirement.
Additionally, the interim rule required voyage planning for new and
existing coastal towing vessels only, not inland towing vessels, which
further reduced costs of the voyage planning requirement, and,
subsequently, the total cost of the rule.
We estimate that this final rule will cost industry $18.6 million.
About 1,200 companies are affected by this rule; of these, about 1,000
count as small entities. The average small business, in our analysis,
owns two affected towing vessels and has average annual revenues of
$1.1 million. Consequently, an average small business will spend around
$12,000 over the 13 years covered by our analysis to have the manual
fire-fighting equipment on board and to conduct voyage planning.
Therefore, we certify that this rule does not have a significant impact
on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
If your small business or organization is affected by this rule,
and you have questions concerning its provisions or options for
compliance, please call Mr. Randall Eberly, P. E., Project Manager, at
202-267-1861.
Collection of Information
This rule does not provide for a collection of information under
the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S. Ct. 1135 (March 6, 2000).) This final rule involves equipping
and operation of vessels. Because the States may not regulate within
these categories, preemption under Executive Order 13132 is not an
issue.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 [2 U.S.C. 1531-1538]
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 or more in any one year.
Though this final rule will not result in such an expenditure, we
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This final rule will not effect a taking of private property or,
otherwise, have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Reform of Civil Justice
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this final rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial, direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant, adverse effect on the supply, distribution, or use
of energy. It has not been designated, by the Administrator of the
Office of Information and Regulatory Affairs, a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(d), of the Instruction, from further
environmental documentation. This rule concerns the equipping of towing
vessels. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion
[[Page 34068]]
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
46 CFR Part 25
Fire prevention, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 27
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Vessels.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 164 and 46 CFR parts 25 and 27 as follows:
PART 164--NAVIGATION SAFETY REGULATIONS
0
1. Revise the citation of authority for part 164 to read as follows:
Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703;
Department of Homeland Security Delegation No. 0170.1 (75). Sec.
164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued
under 46 U.S.C. 6101.
0
2. In Sec. 164.78, revise paragraphs (a)(6), (7), and (8) to read as
follows:
Sec. 164.78 Navigation under way: Towing vessels.
(a) * * *
(6) Knows the speed and direction of the current, and the set,
drift, and tidal state for the area to be transited;
(7) Proceeds at a safe speed taking into account the weather,
visibility, density of traffic, draft of tow, possibility of wake
damage, speed and direction of the current, and local speed-limits; and
(8) Monitors the voyage plan required by Sec. 164.80.
* * * * *
0
3. In Sec. 164.80, revise paragraph (c) to read as follows:
Sec. 164.80 Tests, inspections, and voyage planning.
* * * * *
(c)(1) The voyage-planning requirements outlined in this section do
not apply to you if your towing vessel is--
(i) Used solely for any of the following services or any
combination of these services--
(A) Within a limited geographic area, such as a fleeting-area for
barges or a commercial facility, and used for restricted service, such
as making up or breaking up larger tows;
(B) For harbor-assist;
(C) For assistance towing as defined by 46 CFR 10.103;
(D) For response to emergency or pollution;
(ii) A public vessel that is both owned, or demise chartered, and
operated by the United States Government or by a government of a
foreign country; and that is not engaged in commercial service;
(iii) A foreign vessel engaged in innocent passage; or
(iv) Exempted by the Captain of the Port (COTP).
(2) If you think your towing vessel should be exempt from these
voyage planning requirements for a specified route, you should submit a
written request to the appropriate COTP. The COTP will provide you with
a written response granting or denying your request.
(3) If any part of a towing vessel's intended voyage is seaward of
the baseline (i.e., the shoreward boundary) of the territorial sea of
the U.S., then the owner, master, or operator of the vessel, employed
to tow a barge or barges, must ensure that the voyage with the barge or
barges is planned, taking into account all pertinent information before
the vessel embarks on the voyage. The master must check the planned
route for proximity to hazards before the voyage begins. During a
voyage, if a decision is made to deviate substantially from the planned
route, then the master or mate must plan the new route before deviating
from the planned route. The voyage plan must follow company policy and
consider the following (related requirements noted in parentheses):
(i) Applicable information from nautical charts and publications
(also see paragraph (b) of section 164.72), including Coast Pilot,
Coast Guard Light List, and Coast Guard Local Notice to Mariners for
the port of departure, all ports of call, and the destination;
(ii) Current and forecast weather, including visibility, wind, and
sea state for the port of departure, all ports of call, and the
destination (also see paragraphs (a)(7) of section 164.78 and (b) of
section 164.82);
(iii) Data on tides and currents for the port of departure, all
ports of call, and the destination, and the river stages and forecast,
if appropriate;
(iv) Forward and after drafts of the barge or barges and under-keel
and vertical clearances (air-gaps) for all bridges, ports, and berthing
areas;
(v) Pre-departure checklists;
(vi) Calculated speed and estimated time of arrival at proposed
waypoints;
(vii) Communication contacts at any Vessel Traffic Services,
bridges, and facilities, and any port-specific requirements for VHF
radio;
(viii) Any master's or operator's standing orders detailing closest
points of approach, special conditions, and critical maneuvers; and
(ix) Whether the towing vessel has sufficient power to control the
tow under all foreseeable circumstances.
PART 25--REQUIREMENTS
0
4. Revise the citation of authority for part 25 to read as follows:
Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302;
Department of Homeland Security Delegation No. 0170.1 (75).
0
5. In Sec. 25.30-10, revise the heading, and paragraph (c) and Table
25.30-10(C), to read as follows:
Sec. 25.30-10 Hand-portable fire extinguishers and semi-portable
fire-extinguishing systems.
* * * * *
(c) The number designations for size run from ``I'' for the
smallest to ``V'' for the largest. Sizes I and II are hand-portable
fire extinguishers; sizes III, IV, and V are semi-portable fire-
extinguishing systems, which must be fitted with hose and nozzle or
other practical means to cover all portions of the space involved.
Examples of the sizes for some of the typical hand-portable fire
extinguishers and semi-portable fire-extinguishing systems appear in
Table 25.30-10(C):
Table 25.30-10(C)
----------------------------------------------------------------------------------------------------------------
Carbon dioxide, Dry chemical,
Classification Foam, liters kilograms kilograms
(gallons) (pounds) (pounds)
----------------------------------------------------------------------------------------------------------------
B-I....................................................... 6.5 (1\3/4\) 2 (4) 1 (2)
B-II...................................................... 9.5 (2\1/2\) 7 (15) 4.5 (10)
[[Page 34069]]
B-III..................................................... 45 (12) 16 (35) 9 (20)
B-IV...................................................... 75 (20) 23 (50) 13.5 (30)
B-V....................................................... 150 (40) 45 (100) 23 (50)
----------------------------------------------------------------------------------------------------------------
0
6. Revise Sec. 25.30-15 to read as follows:
Sec. 25.30-15 Fixed fire-extinguishing systems.
(a) When a fixed fire-extinguishing system is installed, it must be
a type approved or accepted by the Commandant (G-MSE) or the Commanding
Officer, U.S. Coast Guard Marine Safety Center.
(b) If the system is a carbon-dioxide type, then it must be
designed and installed in accordance with subpart 76.15 of part 76 of
subchapter H (Passenger Vessels) of this chapter.
PART 27--TOWING VESSELS
0
7. Revise part 27 to read as follows:
Subpart A--General Provisions for Fire-Protection Measures and Fire-
Suppression Equipment on Towing Vessels
Sec.
27.100 What towing vessels does this part affect?
27.101 Definitions.
27.102 Incorporation by reference.
Subpart B--Fire-Protection Measures for Towing Vessels
27.201 What are the requirements for general alarms on towing
vessels?
27.203 What are the requirements for fire detection on towing
vessels?
27.205 What are the requirements for internal communication systems
on towing vessels?
27.207 What are the requirements for fuel shut-offs on towing
vessels?
27.209 What are the requirements for training crews to respond to
fires?
27.211 What are the specifications for fuel systems on towing
vessels whose construction was contracted for on or after January
18, 2000?
Subpart C--Fire-Suppression Equipment for Towing Vessels
27.301 What are the requirements for fire pumps, fire mains, and
fire hoses on towing vessels?
27.303 What are the requirements for fire-extinguishing equipment on
towing vessels in inland service, and on towing vessels in ocean or
coastal service whose construction was contracted for before August
27, 2003?
27.305 What are the requirements for fire-extinguishing equipment on
towing vessels in ocean or coastal service whose construction was
contracted for on or after August 27, 2003?
Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324,
110 Stat. 3901); Department of Homeland Security Delegation No.
0170.1(75).
PART 27--TOWING VESSELS
Subpart A--General Provisions for Fire-Protection Measures and
Fire-Suppression Equipment on Towing Vessels
Sec. 27.100 What towing vessels does this part affect?
(a) You must comply with this part if your towing vessel operates
on the navigable waters of the United States, unless your vessel is one
exempt under paragraph (b) of this section.
(b) This part does not apply to you if your towing vessel is--
(1) Used solely for any of the following services or any
combination of these services--
(i) Within a limited geographic area, such as a fleeting-area for
barges or a commercial facility, and used for restricted service, such
as making up or breaking up larger tows;
(ii) For harbor-assist;
(iii) For assistance towing as defined by 46 CFR 10.103;
(iv) For response to emergency or pollution;
(2) A public vessel that is both owned, or demise chartered, and
operated by the United States Government or by a government of a
foreign country; and that is not engaged in commercial service;
(3) A foreign vessel engaged in innocent passage; or
(4) Exempted by the Captain of the Port (COTP).
(c) If you think your towing vessel should be exempt from these
requirements for a specified route, you should submit a written request
to the appropriate COTP. The COTP will provide you with a written
response granting or denying your request. The COTP will consider the
extent to which unsafe conditions would result if your vessel lost
propulsion because of a fire in the engine room.
(d) You must test and maintain all of the equipment required by
this part in accordance with the attached nameplate or manufacturer's
approved design manual.
Sec. 27.101 Definitions.
As used in this part--
Accommodation includes any:
(1) Messroom.
(2) Lounge.
(3) Sitting area.
(4) Recreation room.
(5) Quarters.
(6) Toilet space.
(7) Shower room.
(8) Galley.
(9) Berthing facility.
(10) Clothing-changing room.
Engine room means the enclosed area where any main-propulsion
engine is located. It comprises all deck levels within that area.
Fixed fire-extinguishing system means:
(1) A carbon-dioxide system that satisfies 46 CFR subpart 76.15 and
is approved by the Commandant;
(2) A manually-operated clean-agent system that satisfies the
National Fire Protection Association (NFPA) Standard 2001 (incorporated
by reference in Sec. 27.102) and is approved by the Commandant; or
(3) A manually-operated water-mist system that satisfies NFPA
Standard 750 (incorporated by reference in Sec. 27.102) and is
approved by the Commandant.
Fleeting-area means a separate location where individual barges are
moored or assembled to make a tow. The barges are not in transport, but
are temporarily marshaled, waiting for pickup by different vessels that
will transport them to various destinations. A fleeting-area is a
limited geographic area.
Harbor-assist means docking and undocking ships.
Limited geographic area means a local area of operation, usually
within a single harbor or port. The local Captain of the Port (COTP)
determines the definition of local geographic area for each zone.
Operating station means the principal steering station on the
vessel, from which the vessel is normally navigated.
Towing vessel means a commercial vessel engaged in, or intending to
engage in, pulling, pushing, or hauling alongside, or any combination
of pulling, pushing, or hauling alongside.
[[Page 34070]]
Towing vessel in inland service means a towing vessel that is not
in ocean or coastal service.
Towing vessel in ocean or coastal service means a towing vessel
that operates beyond the baseline of the U.S. territorial sea.
We means the United States Coast Guard.
Work space means any area on the vessel where the crew could be
present while on duty and performing their assigned tasks.
You means the owner of a towing vessel, unless otherwise specified.
Sec. 27.102 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register--in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in paragraph (b) of this section, the
Coast Guard must publish notice of the change in the Federal Register
and make the material available for inspection. All approved material
is available at the U.S. Coast Guard, Office of Design and Engineering
Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001,
or from the sources indicated in paragraph (b) of this section, or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
(b) The material approved for incorporation by reference in this
part and the sections affected are:
American Boat and Yacht Council (ABYC), 3069 Solomons Island
Road, Edgewater, MD 21037-1416
H-25-1986--Portable Fuel Systems for Flammable Liquids... 27.211
H-33-1989--Diesel Fuel Systems........................... 27.211
National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269-9101
NFPA 302-1998--Fire Protection Standard for Pleasure, and 27.211
Commercial Motorcraft...................................
NFPA 750--Standard on Water Mist Fire Protection Systems, 27.101
2003 edition............................................
NFPA 2001--Standard on Clean Agent Fire Extinguishing 27.101
Systems, 2000 edition...................................
Society of Automotive Engineers (SAE), 400 Commonwealth
Drive, Warrendale, PA 15096-0001
SAE J1475-1984--Hydraulic Hose Fitting for Marine 27.211
Applications............................................
SAE J1942-1989--Hose and Hose Assemblies for Marine 27.211
Applications............................................
Subpart B--Fire-Protection Measures for Towing Vessels
Sec. 27.201 What are the requirements for general alarms on towing
vessels?
(a) You must ensure that your vessel is fitted with a general alarm
that:
(1) Has a contact-maker at the operating station that can notify
persons on board in the event of an emergency.
(2) Is capable of notifying persons in any accommodation, work
space, and the engine room.
(3) Has installed, in the engine room and any other area where
background noise makes a general alarm hard to hear, a supplemental
flashing red light that is identified with a sign that reads:
Attention General Alarm--When Alarm Sounds or Flashes Go to Your
Station.
(4) Is tested at least once each week.
(b) You or the operator may use a public-address (PA) system or
other means of alerting all persons on your towing vessel instead of a
general alarm, if the system--
(1) Is capable of notifying persons in any accommodation, work
space, and the engine room;
(2) Is tested at least once each week;
(3) Can be activated from the operating station; and
(4) Complies with paragraph (a)(3) of this section.
Sec. 27.203 What are the requirements for fire detection on towing
vessels?
You must have a fire-detection system installed on your vessel to
detect engine-room fires. Any owner of a vessel whose construction was
contracted for before January 18, 2000, may use an existing engine-
room-monitoring system (with fire-detection capability) instead of a
fire-detection system, if the monitoring system is operable and
complies with this section. You must ensure that--
(a) Each detector, each control panel, and each fire alarm are
approved under 46 CFR subpart 161.002 or listed by an independent
testing laboratory; except that, if you use an existing engine-room-
monitoring system (with fire-detection capability), each detector must
be listed by an independent testing laboratory;
(b) The system is installed, tested, and maintained in line with
the manufacturer's design manual;
(c) The system is arranged and installed so a fire in the engine
room automatically sets off alarms on a control panel at the operating
station;
(d) The control panel includes--
(1) A power-available light;
(2) Both an audible alarm to notify crew at the operating station
of fire and visible alarms to identify the zone or zones of origin of
the fire;
(3) A means to silence the audible alarm while maintaining
indication by the visible alarms;
(4) A circuit-fault detector test-switch; and
(5) Labels for all switches and indicator lights, identifying their
functions;
(e) The system draws power from two sources, switchover from the
primary source to the secondary source being either manual or
automatic;
(f) The system serves no other purpose, unless it is an engine-
room-monitoring system (with fire-detection capability) installed on a
vessel whose construction was contracted for before January 18, 2000;
and
(g) The system is certified by a Registered Professional Engineer,
or by a recognized classification society (under 46 CFR part 8), to
comply with paragraphs (a) through (f) of this section.
Sec. 27.205 What are the requirements for internal communication
systems on towing vessels?
(a) You must ensure that your vessel is fitted with a communication
system between the engine room and the operating station that--
(1) Consists of either fixed or portable equipment, such as a
sound-powered telephone, portable radios, or other reliable method of
voice communication, with a main or reserve power supply that is
independent of the electrical system on your towing vessel; and
(2) Provides two-way voice communication and calling between the
operating station and either--
(i) The engine room; or
(ii) A location immediately adjacent to an exit from the engine
room.
(b) Twin-screw vessels with operating-station control for both
engines are not required to have internal communication systems.
(c) When the operating-station's engine controls and the access to
the engine room are within 3 meters (10 feet) of each other and allow
unobstructed visual contact between them, direct voice communication is
acceptable instead of a communication system.
Sec. 27.207 What are the requirements for fuel shut-offs on towing
vessels?
To stop the flow of fuel in the event of a break in the fuel line,
you must have a positive, remote fuel-shut-off
[[Page 34071]]
valve fitted on any fuel line that supplies fuel directly to an engine
or generator. The valve must be near the source of supply (for
instance, at the day tank, storage tank, or fuel-distribution
manifold). Furthermore, it must be operable from a safe place outside
the space where the valve is installed. Each remote valve control
should be marked in clearly legible letters, at least 25 millimeters (1
inch) high, indicating the purpose of the valve and the way to operate
it.
Sec. 27.209 What are the requirements for training crews to respond
to fires?
(a) Drills and instruction. The master or person in charge of a
vessel must ensure that each crewmember participates in drills and
receives instruction at least once each month. The instruction may
coincide with the drills, but need not. You must ensure that all
crewmembers are familiar with their fire-fighting duties, and,
specifically, with the following contingencies:
(1) Fighting a fire in the engine room and elsewhere on board the
vessel, including how to--
(i) Operate all of the fire-extinguishing equipment on board the
vessel;
(ii) Stop any mechanical ventilation system for the engine room and
effectively seal all natural openings to the space to prevent leakage
of the extinguishing agent; and
(iii) Operate the fuel shut-off for the engine room.
(2) Activating the general alarm.
(3) Reporting inoperative alarm systems and fire-detection systems.
(4) Putting on a fireman's outfit and a self-contained breathing
apparatus, if the vessel is so equipped.
(b) Alternative form of instruction. The master or person in charge
of a vessel may substitute, for the instruction required in paragraph
(a) of this section, the viewing of video training materials concerning
at least the contingencies listed in paragraph (a), followed by a
discussion led by someone familiar with these contingencies. This
instruction may occur either on board or off the vessel.
(c) Participation in drills. Drills must take place on board the
vessel, as if there were an actual emergency. They must include--
(1) Participation by all crewmembers;
(2) Breaking out and using, or simulating the use of, emergency
equipment;
(3) Testing of all alarm and detection systems; and
(4) Putting on protective clothing (by at least one person), if the
vessel is so equipped.
(d) Safety Orientation. The master or person in charge of a vessel
must ensure that each crewmember who has not (i) participated in the
drills required by paragraph (a) of this section, and (ii) received the
instruction required by that paragraph, receives a safety orientation
within 24 hours of reporting for duty.
(e) The safety orientation must cover the particular contingencies
listed in paragraph (a) of this section.
Sec. 27.211 What are the specifications for fuel systems on towing
vessels whose construction was contracted for on or after January 18,
2000?
(a) You must ensure that, except for the components of an outboard
engine or of a portable bilge pump or fire pump, each fuel system
installed on board the vessel complies with this section.
(b) Portable fuel systems. The vessel must not incorporate or carry
portable fuel systems, including portable tanks and related fuel lines
and accessories, except when used for outboard engines or when
permanently attached to portable equipment such as portable bilge pumps
or fire pumps. The design, construction, and stowage of portable tanks
and related fuel lines and accessories must comply with ABYC H-25
(incorporated by reference in Sec. 27.102).
(c) Fuel restrictions. Neither you nor the master or person in
charge may use fuel other than bunker C or diesel, except for outboard
engines, or where otherwise accepted by the Commandant (G-MSE). An
installation that uses bunker C, heavy fuel oil (HFO), or any fuel that
requires pre-heating, must comply with subchapter F of this chapter.
(d) Vent pipes for integral fuel tanks. Each integral fuel tank
must meet the requirements of this paragraph as follows:
(1) Each tank must have a vent that connects to the highest point
of the tank, discharges on a weather deck through a bend of 180 degrees
(3.14 radians), and is fitted with a 30-by-30-mesh corrosion-resistant
flame screen. Vents from two or more tanks may combine in a system that
discharges on a weather deck.
(2) The net cross-sectional area of the vent pipe for the tank must
be--
(i) Not less than 312.3 square millimeters (0.484 square inches)
for any tank filled by gravity; or
(ii) Not less than that of the fill pipe for any tank filled under
pressure.
(e) Fuel piping. Except as permitted in paragraphs (e)(1), (2), and
(3) of this section, each fuel line must be seamless and made of steel,
annealed copper, nickel-copper, or copper-nickel. Each fuel line must
have a wall thickness of not less than 0.9 millimeters (0.035 inch)
except that--
(1) Aluminum piping is acceptable on an aluminum-hull vessel if it
is installed outside the engine room and is at least Schedule 80 in
thickness; and
(2) Nonmetallic flexible hose is acceptable if it--
(i) Is used in lengths of not more than 0.76 meters (30 inches);
(ii) Is visible and easily accessible;
(iii) Does not penetrate a watertight bulkhead;
(iv) Is fabricated with an inner tube and a cover of synthetic
rubber or other suitable material reinforced with wire braid; and
(v) Either,--
(A) If it is designed for use with compression fittings, is fitted
with suitable, corrosion-resistant, compression fittings, or fittings
compliant with SAE J1475 (incorporated by reference in Sec. 27.102);
or,
(B) If it is designed for use with clamps, is installed with two
clamps at each end of the hose. Clamps must not rely on spring tension
and must be installed beyond the bead or flare or over the serrations
of the mating spud, pipe, or hose fitting. Hose complying with SAE
J1475 is also acceptable.
(3) Nonmetallic flexible hose complying with SAE J1942
(incorporated by reference in Sec. 27.102) is also acceptable.
(f) A towing vessel of less than 24 meters (79 feet) in length may
comply with any of the following standards for fuel systems rather than
with those of paragraph (e) of this section:
(1) ABYC H-33 (incorporated by reference in Sec. 27.102).
(2) Chapter 5 of NFPA 302 (incorporated by reference in Sec.
27.102).
(3) 33 CFR chapter I, subchapter S (Boating Safety).
Subpart C--Fire-Suppression Equipment for Towing Vessels
Sec. 27.301 What are the requirements for fire pumps, fire mains, and
fire hoses on towing vessels?
By April 29, 2005, you must provide for your towing vessel either a
self-priming, power-driven, fixed fire-pump, a fire main, and hoses and
nozzles in accordance with paragraphs (a) through (c) of this section;
or a portable pump, and hoses and nozzles, in accordance with
paragraphs (d) and (e) of this section.
(a) The fixed fire-pump must be capable of--
(1) Delivering water simultaneously from the two highest hydrants,
or from
[[Page 34072]]
both branches of the fitting if the highest hydrant has a Siamese
fitting, at a pitot-tube pressure of at least 344 kPa (50 psi) and a
flow rate of at least 300 lpm (80 gpm); and
(2) Being energized remotely from a safe place outside the engine
room and from the pump.
(b) All valves necessary for the operation of the fire main must be
kept in the open position or must be capable of operation from the same
place where the remote fire pump contol is located.
(c) The fire main must have a sufficient number of fire hydrants
with attached hose to reach any part of the machinery space using a
single length of fire hose.
(d) The hose must be lined commercial fire-hose, at least 40mm (1.5
inches) in diameter, 15 meters (50 feet) in length, and fitted with a
nozzle made of corrosion-resistant material capable of providing a
solid stream and a spray pattern.
(e) The portable fire pump must be self-priming and power-driven,
with--
(1) A minimum capacity of at least 300 lpm (80 gpm) at a discharge
gauge pressure of not less than 414 kPa (60 psi), measured at the pump
discharge;
(2) A sufficient amount of lined commercial fire hose at least 40mm
(1.5 inches) in diameter and 15 meters (50 feet) in length, immediately
available to attach to it so that a stream of water will reach any part
of the vessel; and
(3) A nozzle made of corrosion-resistant material capable of
providing a solid stream and a spray pattern.
(f) You must stow the pump with its hose and nozzle outside of the
machinery space.
Sec. 27.303 What are the requirements for fire-extinguishing
equipment on towing vessels in inland service, and on towing vessels in
ocean or coastal service whose construction was contracted for before
August 27, 2003?
You must carry on your towing vessel both--
(a) The minimum number of hand-portable fire extinguishers required
by subpart 25.30 of this part; and
(b) By April 29, 2005, either--
(1) An approved B-V semi-portable fire-extinguishing system to
protect the engine room; or
(2) A fixed fire-extinguishing system installed to protect the
engine room of the vessel.
Sec. 27.305 What are the requirements for fire-extinguishing
equipment on towing vessels in ocean or coastal service whose
construction was contracted for on or after August 27, 2003?
(a) You must carry on your towing vessel both--
(1) The minimum number of hand-portable fire extinguishers required
by subpart 25.30 of this part; and
(2) An approved B-V semi-portable fire-extinguishing system to
protect the engine room.
(b) You must have a fixed fire-extinguishing system installed to
protect the engine room of the vessel.
(c) This section does not apply to any towing vessel pushing a
barge ahead, or hauling a barge alongside, when the barge's coastwise
or Great Lakes route is restricted (as indicated on its certificate of
inspection), so that the barge may operate ``in fair weather only,
within 12 miles of shore,'' or with words to that effect.
Dated: April 9, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 04-13600 Filed 6-17-04; 8:45 am]
BILLING CODE 4910-15-P