[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR155.230]

[Page 375-377]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATIONS FOR 
VESSELS--Table of Contents
 
                       Subpart B--Vessel Equipment
 
Sec. 155.230  Emergency control systems for tank barges.

    (a) Application. This section does not apply to foreign vessels 
engaged in innocent passage (that is, neither entering nor leaving a 
U.S. port); it applies to tank barges and vessels towing them on the 
following waters:
    (1) On the territorial sea of the U.S. [as defined in Presidential 
Proclamation 5928 of December 27, 1988, it is the belt of waters 12 
nautical miles wide with its shoreward boundary the baseline of the 
territorial sea], unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's coastwise route is restricted, on its certificate 
of inspection (COI), so the barge may operate ``in fair weather only, 
within 20 miles of shore,'' or with words to that effect.

[[Page 376]]

The Officer in Charge, Marine Inspection, may define ``fair weather'' on 
the COI.
    (2) In Great Lakes service unless--
    (i) The barge is being pushed ahead of, or towed alongside, the 
towing vessel; and
    (ii) The barge's route is restricted, on its certificate of 
inspection (COI), so the barge may operate ``in fair weather only, 
within 5 miles of a harbor,'' or with words to that effect. The Officer 
in Charge, Marine Inspection, may define ``fair weather'' on the COI.
    (3) On Long Island Sound. For the purposes of this section, Long 
Island Sound comprises the waters between the baseline of the 
territorial sea on the eastern end (from Watch Hill Point, Rhode Island, 
to Montauk Point, Long Island) and a line drawn north and south from 
Premium Point, New York (about 4054.5[min]N, 7345.5[min]W), to 
Hewlett Point, Long Island (about 4050.5[min]N, 7345.3[min]W), 
on the western end.
    (4) In the Strait of Juan de Fuca.
    (5) On the waters of Admiralty Inlet north of Marrowstone Point 
(approximately 4806[min]N, 12241[min]W).
    (b) Safety program. If you are the owner or operator of a single-
hull tank barge or of a vessel towing it, you must adequately man and 
equip either the barge or the vessel towing it so the crew can arrest 
the barge by employing Measure 1, described in paragraph (b)(1) of this 
section. Moreover, the crew must be able to arrest or retrieve the barge 
by employing either Measure 2 or Measure 3, described in paragraphs 
(b)(2) and (3) of this section, respectively. If you are the owner or 
operator of a double-hull tank barge, you must adequately equip it and 
train its crew or, if it is unmanned, train the crew of the vessel 
towing it, so the crew can retrieve the barge by employing Measure 2 
described in paragraph (b)(2) of this section.
    (1) Measure 1. Each single-hull tank barge, whether manned or 
unmanned, must be equipped with an operable anchoring system that 
conforms to 46 CFR 32.15-15; except that, for barges operating only on 
the West Coast of the U.S., a system comprising heavy surge gear and 
bridle legs may serve instead of the anchoring system. Because these 
systems will also serve as emergency control systems, the owner or 
operator must ensure that they meet the following criteria:
    (i) Operation and performance. When the barge is underway--
    (A) The system is ready for immediate use;
    (B) No more than two crewmembers are needed to operate the system 
and anchor the barge or arrest its movement;
    (C) While preparing to anchor the barge or arrest its movement, the 
operator of the system should confer with the master or mate of the 
towing vessel regarding appropriate length of cable or chain to use; and
    (D) Each operator of the system should wear a safety belt or harness 
secured by a lanyard to a lifeline, drop line, or fixed structure such 
as a welded padeye, if the sea or the weather warrants this precaution. 
Each safety belt, harness, lanyard, lifeline, and drop line must meet 
the specifications of ANSI A10.14.
    (ii) Maintenance and inspections. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
system is ready for immediate use, and must include a visual inspection 
of the equipment that comprises the system in accordance with the 
manufacturer's recommendations. The inspection must also verify that the 
system is being maintained in accordance with the manufacturer's 
recommendations. The inspection need not include actual demonstration of 
the operation of the equipment or system.
    (iii) Training. On each manned barge, every crewmember must be 
thoroughly familiar with the operation of the system. On each vessel 
towing an unmanned barge, every deck crewmember must be thoroughly 
familiar with the operation of the system installed on the barge. If 
during the last 12 months the system was not used to anchor or arrest 
the movement of the barge, then a drill on the use of the system must be 
conducted within the next month. The drill need not involve actual 
deployment of the system. However, it must allow every participant to 
demonstrate the competencies (that is, the knowledge, skills, and 
abilities) needed to ensure that everyone assigned a duty in

[[Page 377]]

anchoring or arresting the movement of the barge is ready to do his or 
her duty.
    (2) Measure 2. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you must have installed an emergency retrieval 
system or some other measure acceptable to the Coast Guard, as provided 
in paragraph (b)(3) of this section. Any such system must meet the 
following criteria:
    (i) Design. The system must use an emergency towline with at least 
the same pulling strength as required of the primary towline. The 
emergency towline must be readily available on either the barge or the 
vessel towing it. The towing vessel must have on board equipment to 
regain control of the barge and continue towing (using the emergency 
towline), without having to place personnel on board the barge.
    (ii) Operation and performance. The system must use a stowage 
arrangement that ensures the readiness of the emergency towline and the 
availability of all retrieval equipment for immediate use in an 
emergency whenever the barge is being towed astern.
    (iii) Maintenance and inspection. The owner or operator of the 
system shall inspect it annually. The inspection must verify that the 
emergency retrieval system is ready for immediate use, and must include 
a visual inspection of the equipment that comprises the system in 
accordance with the manufacturer's recommendations. The inspection must 
also verify that the system is being maintained in accordance with the 
manufacturer's recommendations. The inspection need not include actual 
demonstration of the operation of the equipment or system. Details 
concerning maintenance of towlines appear in 33 CFR 164.74(a)(3) and 
Navigation and Vessel Inspection Circular (NVIC) No. 5-92. Our NVICs are 
available online at http://www.uscg.mil/hq/g-m/nvic/index.htm.
    (iv) Training. Barge-retrieval drills must take place annually, and 
not more than one month after a master or mate responsible for 
supervising barge retrieval begins employment on a vessel that tows tank 
barges.
    (A) Each drill must allow every participant to demonstrate the 
competencies (that is, the knowledge, skills, and abilities) needed to 
ensure that everyone assigned a duty in barge retrieval is ready to do 
his or her part to regain control of a drifting barge.
    (B) If the drill includes actual operation of a retrieval system, it 
must be conducted under the supervision of the master or mate 
responsible for retrieval, and preferably in open waters free from 
navigational hazards so as to minimize risk to personnel and the 
environment.
    (3) Measure 3. If you are the owner or operator of a tank barge or a 
vessel towing it and this section applies to you by virtue of paragraph 
(a) of this section, you may use an alternative measure or system fit 
for retrieving a barge or arresting its movement as a substitute for 
Measure 2, described in paragraph (b)(2) of this section. Before you use 
such a measure or system, however, it must receive the approval of the 
Commandant (G-MSE). It will receive this approval if it provides 
protection against grounding of the tank vessel comparable to that 
provided by one of the other two measures described in this section.

[USCG-1998-4443, 65 FR 31811, May 19, 2000]