Vol. 81 Monday, No. 118 June 20, 2016

Part II

Department of Homeland Security

Coast Guard 46 CFR Parts 1, 2, 15, et al. Inspection of Towing Vessels; Final Rule

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40004 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

DEPARTMENT OF HOMELAND III. Regulatory History ISM International Safety Management SECURITY A. Statutory Background ISO International Organization for B. Regulatory Background Standardization Coast Guard IV. Discussion of Comments and Changes kPa Kilopascals A. General Feedback on the NPRM LBP Length Between Perpendiculars B. Background and Need for Regulation LCG Longitudinal Center of Gravity 46 CFR Parts 1, 2, 15, 136, 137, 138, C. Organization, General Course, and LORAN Long Range Aid to Navigation 139, 140, 141, 142, 143, 144, and 199 Methods Governing Marine Safety lpm liters per minute [Docket No. USCG–2006–24412] Functions (Part 1) MISLE Marine Information for Safety and D. User Fees and Inspection Table (Part 2) Law Enforcement RIN 1625–AB06 E. Manning (Part 15) MMC Merchant Mariner Credential F. Certification/Definitions/Applicability MOU Memorandum of Understanding Inspection of Towing Vessels (Part 136) MTSA Maritime Transportation Security G. Vessel Compliance (Part 137) Act of 2002 AGENCY: Coast Guard, DHS. H. Towing Safety Management System NAMS National Association of Marine ACTION: Final rule. (TSMS) (Part 138) Surveyors I. Third-Party Organizations (TPOs) (Part NARA National Archives and Records SUMMARY: The Coast Guard is 139) Administration establishing safety regulations governing J. Operations (Part 140) NEC National Electrical Code the inspection, standards, and safety K. Lifesaving (Part 141) NICET National Institute for Certification in management systems of towing vessels. L. Fire Protection (Part 142) Engineering Technologies NFPA National Fire Protection Association We are taking this action because the M. Machinery and Electrical (Part 143) N. Construction and Arrangement (Part NPRM Notice of Proposed Rulemaking Coast Guard and Maritime 144) NRTL Nationally Recognized Testing Transportation Act of 2004 reclassified O. Miscellaneous Comments Laboratory towing vessels as vessels subject to P. Crew Endurance Management Systems NTSB National Transportation Safety Board inspection and authorized the Secretary (CEMS) NVIC Navigation and Vessel Inspection of the Department of Homeland Security Q. Economic Analysis Comments Circular to establish requirements for a safety V. Regulatory Analyses OCMI Officer in Charge, Marine Inspection management system appropriate for the A. Regulatory Planning and Review OIRA Office of Information and Regulatory Affairs characteristics, methods of operation, B. Small Entities C. Assistance for Small Entities OMB Office of Management and Budget and nature of service of towing vessels. D. Collection of Information OSHA Occupational Safety and Health This rule, which includes provisions E. Federalism Administration covering specific electrical and F. Unfunded Mandates Reform Act P.E. Professional Engineer machinery requirements for new and G. Taking of Private Property PFD Personal Flotation Device existing towing vessels, the use and H. Civil Justice Reform PIC Person in charge approval of third-party organizations, I. Protection of Children PPE Personal Protective Equipment and procedures for obtaining J. Indian Tribal Governments psi pounds per square inch RFA Regulatory Flexibility Act Certificates of Inspection, will become K. Energy Effects L. Technical Standards and 1 CFR Part 51 § Section effective July 20, 2016. However, certain M. Environment SAE Society of Automotive Engineers existing towing vessels subject to this SAMS Society of Accredited Marine rule will have an additional 2 years I. Abbreviations Surveyors before having to comply with most of its 2004 Act Coast Guard and Maritime SMS Safety Management System requirements. Transportation Act of 2004 SBA Small Business Administration SOLAS International Convention for the DATES: This final rule is effective July 2010 Act Coast Guard Authorization Act of Safety of Life at Sea, 1974, as amended 20, 2016. The incorporation by reference 2010 2012 Act Coast Guard and Maritime STCW Implementation of the Amendments of certain publications listed in the final to the International Convention on rule is approved by the Director of the Transportation Act of 2012 ABS American Bureau of Shipping Standards of Training, Certification and Federal Register on July 20, 2016. ABSG American Bureau of Shipping Group Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements ADDRESSES: Comments and material ABYC American Boat and Yacht Council TPO Third-party organization received from the public, as well as AED Automatic External Defibrillator TSAC Towing Safety Advisory Committee ANSI American National Standards documents mentioned in this preamble TSMS Towing Safety Management System Institute as being available in the docket, are part TVR Towing vessel record AWO American Waterways Operators of docket USCG–2006–24412 and are U.S.C. United States Code BLS Bureau of Labor Statistics available on the Internet by going to UWILD Underwater inspection in lieu of CEMS Crew Endurance Management http://www.regulations.gov, inserting drydocking System VCG Vertical Center of Gravity USCG–2006–24412 in the ‘‘Keyword’’ COI Certificate of Inspection box, and then clicking ‘‘Search.’’ VHF Very High Frequency COTP Captain of the Port VSL Value of a statistical life FOR FURTHER INFORMATION CONTACT: If DHS Department of Homeland Security VTS Vessel Traffic Service you have questions on this rule, call EPIRB Emergency Position Indicating Radio LCDR William Nabach, Project Manager, Beacon II. Executive Summary FAST Fatigue Avoidance Scheduling Tool CG–OES–2, Coast Guard, telephone A. Purpose and Authority 202–372–1386. FR Federal Register FRFA Final regulatory flexibility In 2004, Congress reclassified towing SUPPLEMENTARY INFORMATION: assessment vessels as vessels subject to inspection Table of Contents for Preamble gpm gallons per minute under part B of subtitle II of title 46, GRT Gross register tons I. Abbreviations HIPAA Health Insurance Portability and United States Code (U.S.C.), and II. Executive Summary Accountability Act of 1996 authorized the Secretary of Homeland A. Purpose and Authority HOS Hours of Service Security to establish requirements for B. Overview of Rule IMO International Maritime Organization the inspection of towing vessels, their C. Costs and Benefits IRFA Initial regulatory flexibility analysis possible use of safety management

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40005

systems (SMS) and hours of service safety acceptable to the Coast Guard. of a COI, but the fee would be charged requirements for them. The legislative Alternatively, under the Coast Guard annually starting a year later. history, which pointed to the need for inspection option, routine inspections C. Costs and Benefits a ‘‘full safety inspection of towing would be conducted by the Coast Guard, vessels,’’ references two towing vessel providing an option for those operators This rule will affect approximately incidents involving a total of 19 deaths. who choose not to develop and 5,509 U.S. flag towing vessels engaged In September 2001, a towing vessel implement their own TSMS. in pushing, pulling, or hauling struck a bridge at South Padre Island, The rule also creates many new alongside, and the 1,096 companies that TX. The bridge collapsed, and 5 people requirements for design, construction, own or operate them. Towing vessels died when their cars or trucks went into equipment, and operation of towing not covered by this rule include towing the water. On May 26, 2002, a towing vessels. Those requirements are vessels inspected under subchapter I, vessel struck the I–40 highway bridge typically based on industry consensus work boats, and recreational vessel over the Arkansas River at Webber Falls, standards or existing Coast Guard towing vessels. OK. The bridge collapsed, and 14 requirements for similar vessels. To The estimate for total industry and net people died when their cars or trucks develop these requirements for towing government costs is $41.5 million went into the Arkansas River. 150 Cong. vessels, the Coast Guard started by annualized at a 7 percent discount rate Rec. H6469–01, 2004 WL 1630278; and publishing a notice in 2004 (69 FR over a 10-year period of analysis. The H.R. Conf. Rep. 108–617, 2004 78471) that asked questions and estimate for monetized benefits is $46.4 U.S.C.C.A.N. 936, 951. announced public meetings to seek million annualized at a 7 percent This final rule implements most guidance in implementing the 2004 Act discount rate, based on the mitigation of provisions of the Notice of Proposed provisions. We also worked with the risks from towing vessel accidents in Rulemaking (NPRM)(76 FR 49976, Aug. Towing Safety Advisory Committee terms of lives lost, injuries, oil spilled, 11, 2011) as proposed, but makes (TSAC), industry groups, and a and property damage. changes to address concerns of the contractor (ABSG Consulting—tasked Subtracting the annualized monetized public and industry expressed in with providing an industry analysis) to costs from the annualized monetized comments, as is explained below. This better gauge how to proceed with this benefits yields a net benefit of $4.9 rule is authorized and made necessary rulemaking. We evaluated existing million. We also identified, but did not by the Coast Guard and Maritime requirements for towing vessels monetize, other benefits from reducing Transportation Act of 2004 (2004 Act), (contained primarily in 46 CFR part 27 the risk of accidents that have secondary Public Law 108–293, 118 Stat. 1028 and subchapter I) to determine whether consequences of delays and congestions (Aug. 9, 2004), which made towing they were adequate for towing vessels on waterways, highways, and railroads. vessels subject to inspection. Six years and meet the intent of the 2004 Act. As later, the Coast Guard Authorization Act discussed in greater detail below, the III. Regulatory History of 2010 (2010 Act), Public Law 111–281, safety requirements in this final rule A. Statutory Background 124 Stat. 2905 (Oct. 15, 2010), directed align with industry consensus the Secretary to issue a notice of standards, and we consider it very likely The Coast Guard and Maritime proposed rulemaking and a final rule. that most towing vessels already comply Transportation Act of 2004 (2004 Act), with most of them. Public Law 108–293, 118 Stat. 1028 B. Overview of Rule We made several changes to our (Aug. 9, 2004), established new This rule creates a comprehensive proposal in the NPRM. We have authorities for towing vessels as follows: safety system that includes company clarified the system for Coast Guard The 2004 Act added ‘‘towing vessels’’ compliance, vessel compliance, vessel oversight and inspection of towing as a class of vessels that are subject to standards, and oversight in a new Code vessels that complements the TPO safety inspections. See section 415 of of Federal Regulations (CFR) subchapter system the Coast Guard proposed. To the 2004 Act, which amended section dedicated to towing vessels. This rule, address concerns about the cost impact 3301 of title 46 of the U.S.C. (46 U.S.C. which (with exceptions) generally of the rule, we have added 3301). The term ‘‘towing vessel’’ was applies to all U.S.-flag towing vessels 26 ‘‘grandfathering’’ provisions to several already defined in 46 U.S.C. 2101, and feet or more, and those less than 26 feet requirements, so the requirements will the scope and standards of safety moving a barge carrying oil or not apply to existing vessels or vessels inspections are laid out in 46 U.S.C. hazardous material in bulk, lays out whose construction began before the 3305. both inspection mechanisms as well as effective date of the rule. We also The 2004 Act also authorized the new equipment, construction, and reorganized several parts for greater Secretary of Homeland Security to operational requirements for towing clarity or to better align with the establish, by regulation, a safety vessels. existing text of other parts of the CFR. management system appropriate for the To provide flexibility, vessel Finally, as we noted in the NPRM (76 characteristics, methods of operation, operators will have the choice of two FR 49985), we still plan to promulgate and nature of service of towing vessels. inspection regimes. Under the Towing a separate rulemaking for an annual See Section 415 of the 2004 Act, Safety Management System (TSMS) inspection fee for towing vessels that which amended 46 U.S.C. 3306(j). option, routine inspections of towing will reflect the specific program costs B. Regulatory Background vessels will primarily be performed by associated with the TSMS and Coast third-party organizations (TPOs), Guard inspection options. Until then we On December 30, 2004, the Coast including certain classification are establishing the existing fee of Guard published a request for comments societies, and this rule creates a $1,030 in 46 CFR 2.10–101 for any and notice of public meetings titled framework for oversight and audits of inspected vessel not listed in Table ‘‘Inspection of Towing Vessels’’ in the such TPOs by the Coast Guard. The 2.10–101 as the annual inspection fee Federal Register (69 FR 78471). The TSMS will provide those operators with for towing vessels subject to subchapter notice asked seven questions regarding the flexibility to tailor their safety M. As reflected in 46 CFR 2.10–1(b), this how the Coast Guard should move management system to their own needs, fee would not be charged for a vessel forward with the rulemaking to while still ensuring an overall level of being inspected for the initial issuance implement the statutory provisions from

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40006 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

the 2004 Act, listed above in section We also received several comments conducted by TSAC working groups. III.A. ‘‘Statutory background.’’ The from individuals and maritime For NPRM discussion of work by these Coast Guard then held four public companies that generally opposed the groups, see 76 FR 49978. Other meetings, one each in Washington, DC; proposed regulation. Some commenters commenters commended the Coast Oakland, CA; New Orleans, LA; and St. expressed concern that the elements of Guard’s efforts in incorporating Louis, MO. In addition to the comments the proposed rule would impose added suggestions provided by TSAC. One the Coast Guard received at the public cost burdens on business, which might commenter explained that a quote in the meetings, there were 117 comments lead to termination of positions. preamble, regarding the devastating submitted to the docket, which can be The Coast Guard acknowledges these impact that a TSMS can have on smaller found in docket USCG–2004–19977 at comments and concerns. However, we companies, was incorrectly attributed to http://www.regulations.gov. The Coast do not expect towing companies and the TSAC Economic Analysis Working Guard used the public input received to businesses to eliminate positions or Group. inform its development of the NPRM. downsize as a result of this rulemaking. The commenter, a trade association, On August 11, 2011, the Coast Guard See the Regulatory Analysis for our went on to explain that according to the published an NPRM titled ‘‘Inspection discussion of this issue. experience of its members, TSMSs have of Towing Vessels’’ in the Federal One comment agreed with the had a positive impact on the safety Register (76 FR 49976). The Coast Guard American Bureau of Shipping Group’s performance and success of many small then held four public meetings, one (ABSG’s) recommendation that a companies. each in Newport News, VA; New traditional, inspected vessel option be As we have previously noted, we Orleans, LA; St. Louis, MO; and Seattle, offered as an alternative for those greatly appreciate TSAC’s contributions WA. The comment period was open companies that did not maintain to the development of the NPRM. The until December 9, 2011. We received documentation of policies and quote we attributed to the TSAC and considered a combined total of procedures, and for those smaller Economic Working Group regarding the more than 3,000 comments from more companies who would not be able to devastating impact that a TSMS than 265 written submissions and oral implement a SMS. As we noted in the requirement can have on smaller statements from 105 persons at public NPRM (76 FR 49978), we contracted companies was taken from an earlier meetings. with ABSG Consulting in 2006 for version of the working group’s report; assistance with gathering data and the quote should have read ‘‘To conduct IV. Discussion of Comments and categorizing the vessels that make up internal audits on a large fleet, this may Changes the towing industry; see their report, mean hiring a full-time staff, including A. General Feedback on the NPRM which also contains recommendations, salary, training and travel costs. While in the docket, USCG–2006–24412–0017. large companies will spend more to For clarity, the following discussion We concur with the commenter and implement and maintain a SMS, of comments is sorted by topic, which the cited ABSG recommendation. As an however, the costs to a small company primarily corresponds to parts of the alternative to a TSMS, the proposed rule may be more difficult to absorb.’’ See CFR as noted in the Table of Contents. included the option of a Coast Guard page 4 of the TSAC Economic Analysis Parts 1 and 2 are in title 46 CFR inspection regime. We have kept both of Working Group Report, Dec. 16, 2008, subchapter A, part 15 is in subchapter these options in this final rule. document USCG–2006–24412–0007 in B, part 199 is in subchapter W, and all Citing an 80-page NPRM, more than the docket. We are not surprised by the other parts are in the newly created 2,000 pages of supporting statement that TSMSs have had a subchapter M. Where changes in documentation, and a short comment positive impact on the safety response to a comment led to changes period, one commenter requested an performance and success of safety outside the designated section or part, extension of the comment period so operators; we included TSMS as an we have noted it in the text. Within smaller operators can review how the option because we believe TSMSs will each topic of the rule, comments have proposed requirements would impact provide a positive impact on the safe been addressed in order of the section their businesses. The Coast Guard did operation of towing vessels. For data they applied to. When public not grant this request; we provided a supporting this assessment, see the submissions addressed multiple 120-day comment period, which is Regulatory Analysis for this final rule in sections of the proposed rule or it longer than our standard 90-day the docket. wasn’t clear what specific sections they comment period, and also held four One commenter recommended that addressed, we responded to their public meetings in that time. We believe rather than writing a costly new set of comments in the section that seemed there was sufficient opportunity to regulations, the Coast Guard should give most appropriate. In addition, we have comment on the NPRM. consideration to consolidating the rules made numerous changes through the already in place. The commenter regulatory text that are entirely non- B. Background and Need for Regulation recalled a voluntary program from a substantive and editorial in nature; for We received one comment noting that 2009 ‘‘United States Coast Guard example, changing ‘‘chapter’’ to the 2010 Act no longer exempted towing Requirements for Uninspected Towing ‘‘Chapter’’ or ‘‘onboard’’ to ‘‘on board’’ vessels of less than 200 tons engaged in Vessels’’ document that issued stickers in certain contexts to better conform to exploiting offshore minerals or oil from to vessels that had been reviewed for standard usage. 46 U.S.C. 8904 and regulations compliance with current regulations. We received several comments in promulgated under that authority, and The Coast Guard established the general support of the proposed therefore § 15.535(b) should be revised. voluntary Towing Vessel Bridging inspection regime, design standards, See section 606 of that Act. We agree Program in 2009 to ease the transition and SMS requirements for towing with the commenter that the exemption of towing vessels going from a status of vessels. Individuals and maritime is no longer valid and so we adopted the uninspected to inspected, and to ensure companies felt that the proposed commenter’s requested amendment to that both the Coast Guard and the regulation would serve to improve the § 15.535. towing vessel industry are informed and safety, security, and environmental We received comments from several prepared to meet requirements coming protection of towing vessel operations. commenters who supported the work from this Inspection of Towing Vessels

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40007

rulemaking. As we noted in the NPRM, regulations are not based on risk. A added § 1.03–55 to address comments the Coast Guard considered existing company asserted that a risk-based on the appeals process for a company regulations but decided the standards or approach supported by towing vessel whose certificate is rescinded. See regulations found in other vessel casualty data should be the main section IV.H below. Our proposed inspection subchapters were not motivation behind the application and § 136.180 pointed to 46 CFR 1.03 for appropriate and did not fulfill the intent development of towing vessel safety those seeking to appeal, but we saw the of the 2004 Act. (76 FR 49987, Aug. 11, regulation. need to identify the Coast Guard official 2011.) The unique nature of the towing As reflected in discussions below or entity that appeals should be directed industry and towing operations regarding specific requirements, the to, including the appeal of matters warrants the development of new Coast Guard has used a risk-based relating to action of a third party, such standards and regulations that pertain approach in this rulemaking. We have as when a TPO rescinds a TSMS exclusively to towing vessels. In reviewed comments on cost and other certificate. addition to the TSMS, this final rule assumptions on which we based our D. User Fees and Inspection Table contains other towing vessel-specific proposed rule and have made changes (Part 2) provisions, including expansion of the when appropriate to ensure that this use of TPOs as part of the Coast Guard’s final rule is risk-based. For data Part 2 of 46 CFR is in subchapter A. TSMS-based, towing vessel inspection supporting this assessment, see the We received two comments regarding for certification regime. The Towing Regulatory Analysis for the final rule. user fees. An association asked the Vessel Bridging Program is a transition One commenter indicated that the Coast Guard to clarify whether those program based on voluntary Coast Guard’s Marine Safety Directorate choosing both the TSMS and the Coast compliance; it is not a substitute for a has not sought to help working Guard inspection options will have to comprehensive regulatory regime that mariners. The commenter praised pay whatever user fee is assessed in the addresses and enforces safety Congress for amending 46 U.S.C. 2114 final rule to recover the costs of the requirements for towing vessels that to protect a seaman against entire new towing vessel inspection Congress envisioned when it added discrimination if he or she testifies in a program. Another commenter asserted towing vessels to the list of vessels proceeding brought to enforce a that charging user fees to finance the subject to inspection. maritime safety law or regulation, or implementation of regulation that is not We received comments from engages in certain other actions risk-based will return little value to the individuals and maritime companies involving the seaman’s work, or industry. who disagreed with the need for the participates in a safety investigation by Under 46 U.S.C. 2110 and the Coast proposed regulations, either because the Department of Homeland Security or Guard’s regulations in 46 CFR subpart lack of vessel regulations were not the National Transportation Safety Board 2.10, the Coast Guard is required to cause of the problem or the proposed (NTSB). The commenter listed four charge a fee for services provided for regulations were not risk-based. Three areas where mariners’ safety, health, vessels required to have a Certificate of commenters noted that some casualties and welfare, in the commenter’s view, Inspection (COI). Subpart 2.10 fees, occur because of human error, not from were largely unprotected: Workplace however, do not apply to the initial a lack of regulation. One individual felt safety on uninspected dry cargo barges, issuance of a COI. that the Mississippi River accident in hearing protection and noise This fee for services must meet the 2008 was not a good example in support prevention, asbestos, and personal criteria of 31 U.S.C. 9701 (Fees and of additional regulation, because the protective equipment. The same charges for Government services and accident was caused by irresponsible commenter urged Congress to transfer things of value) to be fair and based on behavior of the pilot. authority over workplace inspection, the cost to the government, the value of The Coast Guard recognizes that drafting safety regulations, and the service being provided, the public human error is the cause of some requiring proper maintenance of barges policy served, and other relevant facts. casualties and that no amount of from the Occupational Safety and The Office of Management and Budget regulations will eliminate human error. Health Administration (OSHA) to the (OMB) Revised Circular A–25 explains To the extent we are able, however, we Coast Guard. This commenter also that full program costs should be have attempted to adopt regulations that recommended areas in which the NPRM recovered by fees charged. help ensure the safe operation of towing should be revised to promote workplace In our NPRM, the Coast Guard stated vessels, including some regulations safety and health regulations, including its intent to establish a user fee, as intended to address factors related to training of Coast Guard inspectors in required by law, for those vessels human error. A fully functional safety OSHA-workplace-safety regulations and required to comply with subchapter M, management system, such as a TSMS, is the use of personal protective and indicated that this user fee would continuously updated and evolving equipment. be established through a separate based on the non-conformities observed The Coast Guard notes the rulemaking process that would and the lessons learned as a result of commenter’s concern; the commenter’s commence on or around publication of reviewing incidents—including those specific suggested revisions to the this final rule. The Coast Guard also related to human error. The TSMS regulations proposed in the NPRM are committed to not inspecting towing option should help ensure that towing addressed below where we discuss 46 vessels or issuing COIs to towing vessels vessels are operated more safely and in CFR part 140, Operations, which until user fees were established. (76 FR full compliance with the TSMS and includes subparts on crew safety and 49985, August 11, 2011.) regulations in subchapter M. The Coast safety and health, and other parts We still plan to promulgate a separate Guard inspection option may provide addressed by this commenter. rulemaking for an annual inspection fee less frequent feedback to vessel specifically for towing vessels, under operators and crew, but it too is C. Organization, General Course, and the authority in 46 U.S.C. 2110 and 31 intended to ensure compliance with Methods Governing Marine Safety U.S.C. 9701, that will consider the regulations in subchapter M. Functions (Part 1) specific program costs associated with Two commenters, an individual and a In our NPRM, we did not propose to the TSMS and Coast Guard inspection towing company, felt that the amend part 1, but in this final rule we options. However, until that time the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40008 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Coast Guard is establishing the existing certification regulations, and other may differ from one operation to fee of $1,030 stated in 46 CFR 2.10–101 towing vessels to Table 2.01–7(a). another. As with other inspected as the annual inspection fee for towing vessels, this is a vessel-specific E. Manning (Part 15) vessels subject to subchapter M, for any determination made by the cognizant inspected vessel not listed in Table We received approximately 40 OCMI. 2.10–101. As reflected in 46 CFR 2.10– comments that addressed the issue of The Coast Guard believes the 1(b), this annual inspection fee will not manning. Part 15 of 46 CFR is in requested change to § 15.820(a)(3) is be charged for an initial COI inspection, subchapter B. already addressed through existing but the fee will be charged annually We received several comments stating regulations. For inspected vessels 300 starting a year later. Once this final rule that the Coast Guard should require gross tons and above that operate on becomes effective, the Coast Guard will minimum crew manning levels. One inland waters, 46 CFR 15.820(a)(3) apply the existing annual fee listed in commenter said wheelhouse manning is requires the vessel to have an individual 46 CFR 2.10–101, Table 2.10–101 as a concern due to the shortage of with a license or the appropriate ‘‘Any inspected vessel not listed in this qualified individuals holding the merchant mariner credential (MMC) table’’ to subchapter M vessels other appropriate merchant mariner officer endorsement if the OCMI than those already separately listed in credential, especially with the determines that such credentials are the Table. Since all vessels subject to retirement age approaching for many necessary for the person responsible for subchapter M will be considered currently qualified individuals. A the vessel’s mechanical propulsion. For inspected vessels and required to obtain maritime company said the minimum purposes of towing vessels, however, COIs, regardless of whether the TSMS manning level should be included in the the applicable subchapter B definition option is chosen, all subchapter M COI. Another commenter noted in of ‘‘inland waters’’ excludes the Western vessels receiving COIs will be charged response to COI requirements proposed Rivers. See 46 CFR 10.107. Therefore, an annual inspection fee as outlined in part 136 that this regulation should § 15.820(a)(3) does not apply to a towing above. clarify the number of required vessel when it is operating on Western User fees charged by the Coast Guard crewmembers and allow the towing Rivers, a term also defined in § 10.107. under 46 U.S.C. 2110 do not directly vessel to be operated by a single Based on a recent survey of the Coast finance Coast Guard operations and thus crewmember in certain circumstances. Guard’s Marine Information for Safety user fees do not finance the In accordance with 46 CFR 15.501, and Law Enforcement (MISLE) database, implementation of the regulations. the Coast Guard will specify the we have concluded that most inland OMB’s Revised Circular A–25 explains minimum manning for each towing towing vessels 300 gross tons or above that user fees are intended to offset the vessel in all of the vessel’s areas of operate on the Western Rivers. Those cost of providing services to specific operation on the vessel’s COI, including towing vessels operating on inland beneficiaries. international and domestic operations. waters beyond the Western Rivers may Regarding the comment about the lack We note that Officers in Charge, Marine be required to have a credentialed of value of a user fee to finance the Inspection (OCMIs) will review individual responsible for the vessel’s implementation of a non-risk-based operational details of the vessel and mechanical propulsion based on a regulation, we have used a risk-based work with companies to make decisions vessel-specific assessment conducted by approach in developing this rulemaking on vessel manning which could indicate the cognizant OCMI. and have made changes from the various levels of manning based on The Coast Guard believes changes to proposed rule taking into account specific routes and service of the towing 33 CFR 155.710(e) that would allow the commenters concerns to ensure that this vessel when determining the number of use of a letter-of-designation for an final rule continues to rely on risk-based required crewmembers for a towing inspected towing vessel are not analysis. vessel. We do not envision an warranted. The requirements of 33 CFR appreciable increase in the number of 155.710(e)(1) apply to all inspected Other Certification Changes qualified individuals needed to man vessels required by 46 CFR chapter I to In the NPRM we stated we would inspected towing vessels. The influence have an officer aboard, including towing amend the table in subchapter I—and in of market forces on the number of vessels that become inspected vessels other subchapters—that identified individuals seeking to become under this rule. Congress made towing inspection and certification regulations credentialed operators is beyond the vessels a class of vessels subject to applicable to vessels. Our intended scope of this rulemaking. inspection, and we have no evidence amendments to those tables were to Several commenters opposed any that towing vessels are less likely to reflect changes for towing vessels change to the current manning levels spill oil than the other inspected vessels introduced by subchapter M (see required for towing vessels, and some already subject to § 155.710(e)(1). We discussion in 76 FR 49979, August 11, commenters recommended specific also see value in uniform requirments 2011). Since the NPRM was published, changes to several sections currently in for inspected vessels conducting the however, in a separate rulemaking (79 the CFR, such as 33 CFR 155.710(e) and same activities. We note, however, that FR 58270, 58272, September 29, 2014) 46 CFR 15.810(b) and 15.820(a)(3), to existing § 155.130 provides for the Coast Guard removed tables in 46 avoid inadvertent changes to the exemptions from compliance with the CFR 24.05–1, 70.05–1, 90.05–1, and manning or credentialing requirements requirement if authorized by the COTP 188.05–1. Those tables replicated a table given the Coast Guard’s statement in the or OCMI for reasons such as economic in 46 CFR part 2 dedicated to inspection NPRM that ‘‘we are not proposing to or physical impracticality. We therefore regulations and thus were not necessary. change any of the current manning believe that adequate flexibility already Rather than add to the 7-column, 7- levels required for towing vessels’’ (76 exists in Part 155 to accommodate any page table in 46 CFR 2.01–7(a), we have FR 49990, Aug. 11, 2011). unexpected consequences of towing amended the text before and after the As previously stated, the Coast Guard vessels becoming subject table instead. These amendments direct will make a vessel-specific assessment § 155.710(e)(1). towing vessels to a new paragraph (b), of the manning required for a given The Coast Guard believes changes to which directs those subject to this rule vessel’s operations. The minimum 46 CFR 15.810(b), in order to exempt to subchapter M for inspection and manning required for safe operations towing vessels subject to subchapter M

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40009

from the requirements for a minimum Amendments to the International the master must observe applicable law number of mariners holding a license or Convention on Standards of Training, and regulations, and the manning MMC officer endorsement as mate Certification and Watchkeeping for specified by the Coast Guard on the required to be carried on certain Seafarers, 1978, and Changes to vessel’s COI when performing that role. inspected vessels, are not warranted. Domestic Endorsements (STCW) (78 FR We note that under § 140.210, the Towing vessels are one of the several 77796, Dec. 24, 2013). master must ensure that adequate classes of vessels that are authorized to As the authority issuing the vessel’s corrective action is taken when he or use a two-watch system and, as a result, COI, the cognizant OCMI is required by she encounters unsafe conditions. The additional mates are unnecessary to law to stipulate the manning for an COI issued by the Coast Guard will comply with this level of manning. inspected vessel. See 46 U.S.C. 3309 specify the minimum manning for the Some commenters urged the Coast and 8101, 33 CFR 1.01–20, and 46 CFR vessel under normal operating Guard to adopt TSAC’s 2006 2.01–5 and 15.501. She or he can take conditions and the master must adhere recommendations to amend proposed a variety of factors into consideration to the provisions of the COI. See 46 CFR 15.535 to incorporate a baseline when determining the safe manning for § 140.210(a)(1). The towing vessel requirement for a safe watch a vessel, including recommendations master and the TSMS should identify complement. This was intended to from the owner or managing operator. In when, and if, additional personnel are avoid confusion about the minimum some cases, existing law or regulations needed on board the towing vessel. manning that will be required on towing specify the minimum manning for a During flood or low water conditions, vessel COIs and the role of the TSMS in particular voyage, area of operation, or for example, the master may specify that crewing decisions. vessel service. See e.g., 46 U.S.C. 8301 additional crew members are needed. Consistent with our NPRM preamble and 46 CFR 15.610. In this final rule, 46 We received some comments statement that we were not proposing to CFR 15.535 would set one such requesting that the Coast Guard clarify change any of the current manning minimum. An OCMI may specify a level and resolve differences in language levels required for towing vessels, we of manning above those minimums between § 15.535 and language in the modeled our proposed § 15.535 after specified by law if such a level is STCW Supplemental NPRM that § 15.610, which addresses towing vessel warranted to safely operate the vessel. proposed to amend § 15.610. master and mate (pilot) requirements on See 46 U.S.C. 8301(d)(2) and 46 CFR As noted above, the STCW final rule uninspected vessels. But as noted above 15.501. A vessel’s safety management has been published, and we have in section IV.B, we made a change in system can identify situations where amended the text in § 15.535(c) to match § 15.535 from what we proposed in the additional manning may be warranted the current § 15.610(b). There was a NPRM. To reflect the 2010 Act’s (such as high water conditions) but it slight variation in wording between amendment to 46 U.S.C. 8905, we made cannot specify a level of manning below § 15.535(c) as originally proposed and a conforming amendment to § 15.535(b) the minimum established by the OCMI § 15.610(b). to remove an non-applicability reference at any time. Further, our proposed § 15.535(c) to certain towing vessels of less than We received some comments stating specified that the towing vessel ‘‘be 200 gross register tons engaged in that the language used in § 15.535(c) under the control of an officer who exploiting offshore minerals or oil. concerning towing vessels in pilotage holds a first class pilot’s license or While reviewing proposed § 15.535 in waters on the Lower Mississippi River endorsement for that route, or who response to a comment discussed above, is not clear. One commenter said it meets’’ requirements related to the type we noted the need to remove a reference would be useful to define the of barge being towed. The current to vessels engaged in assistance towing geographical limits of the ‘‘pilotage § 15.610(b) specifies that the towing because the applicability of § 15.535 waters of the Lower Mississippi River’’ vessel be under the control of an officer does not include vessels engaged in in § 15.535(c). Another commenter said meeting that section’s requirements for assistance towing. Further, we revised the language should be the same as that a towing vessel of 26 feet or more in paragraph (a) to more clearly state used in § 15.610(b). length and that that officer hold ‘‘a first- which vessels are subject to § 15.535, to The Coast Guard agrees with these class pilot’s endorsement for that route specify the vessels not subject to comments and has changed the text in or MMC officer endorsement for the subchapter M that must meet § 15.535(c) to match the current text of Western Rivers, or’’ that the officer requirements § 15.535(b), and to note § 15.610(b), except for necessary meets the requirements for a towing that all towing vessels subject to organizational changes and to specify vessel of 26 feet or more in length and § 15.535 must also meet requirements in that the evidence should be provided to the requirements based on the type of § 15.535(c). Finally, we inserted the Coast Guard. The pilotage waters of barge being towed. Consistent with the clarifying edits and paragraph headings the Lower Mississippi River are commenters’ recommendations, we in § 15.535 to make it easier to read and described in a notice of designated areas have amended § 15.535 to conform to understand, and in both §§ 15.535 and published December 26, 1996 (61 FR the current version of § 15.610. 15.610 we clarified that the officer in 68090). Also, because we added § 15.535 to charge of the vessel must provide the Some commenters said crew size address vessels subject to subchapter M, evidence to the Coast Guard. should be dictated by the size and needs we inserted a paragraph at the beginning Also, we made changes to § 15.535 to of the vessel. One commenter said the of § 15.610 to limit that section to ensure consistency in the nomenclature vessel master must have the final say on towing vessels not subject to subchapter introduced by the Consolidation of the crew requirements. A towing M. Applicability exceptions in Merchant Mariner Qualification company said it is important that the subchapter M explain that some towing Credentials final rule (74 FR 11196, minimum manning requirements vessels at least 8 meters in length will Mar. 16, 2009), and to § 15.610 to ensure account for different vessel operations still be subject to § 15.610. We made that this section refers to the remaining (e.g., crew of three for ship assist work necessary organizational changes to uninspected towing vessels. Our in-harbor versus crew of six for offshore § 15.610 to reflect our insertion of this changes also reflect the recent trips). new paragraph. amendments made by the final rule While the master has a role in An individual recommended that in entitled Implementation of the ensuring the proper manning of a vessel, addition to the towing vessel being

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40010 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

operated by a properly licensed master, excludes certain vessels from the F. Certification/Definitions/ our rule should require at least one crew licensed-master-or-mate requirement, by Applicability (Part 136) member to be documented with deleting the reference to vessels engaged Applicability preferably an ‘‘Able Bodied’’ seaman’s in the offshore mineral and oil industry. rating. The commenter noted his marine This amendment to § 15.535(b), which We received some comments work experience and seeing members of now only exempts vessels engaged in supporting the Coast Guard’s decision to a construction crew assigned to handle assistance towing from the licensed- defer consideration to a subsequent the lines when a towing evolution was master-or-mate requirement, conforms rulemaking of requirements for towing needed. He stated that the skills and this final rule to Public Law 111–281’s vessels less than 26 feet in length, towing vessels used solely for assistance knowledge of construction workers do amendment to 46 U.S.C. 8905. not always overlap with those required towing, and work boats operating of seamen. One commenter expressed concern exclusively within a work site and We did not propose the change about the words ‘‘not to include over performing intermittent towing within a suggested by this commenter and would time’’ in the definition of ‘‘day’’ in work site. Several commenters want to receive comments before existing 46 CFR 10.107 and that expressed support for the concept of making the suggested change. But we section’s computation of service hours excepted vessels but felt that are confident that the manning on vessels less than 100 gross register clarification is needed with regard to the requirements in § 15.535 and tons (GRT). The commenter stated that range of fleet and harbor service requirements in § 140.210 for reporting work-hour abuses occur, especially on operations that fall under this term. and addressing unsafe conditions vessels of less than 100 GRT, because a Others suggested that some aspects of provide assurances that lines will be day of work is considered 8 hours. Also, the equipment requirements, like properly handled during towing overtime is not counted toward sea distress flares and additional lifebuoys, evolutions. We have not made a change service. The commenter recommends could be removed from the rule. from the proposed rule based on this that this loophole be removed. In our definition of ‘‘excepted vessel’’ in § 136.110, we make reference to comment. In the proposed regulatory text of the We received one comment saying that harbor-assist, but we define that term in NPRM, we did touch on 46 CFR chapter our rulemaking seeks to address issues addition to ‘‘limited geographic area’’ I, subchapter B, Merchant Marine such as a ‘‘man overboard’’ situation, and we believe those definitions are Officers and Seamen, but we did not but such situations are innately linked sufficiently clear to identify the range of to minimum safe manning of a vessel. propose any changes to 46 CFR part 10, harbor service operations that fall under The commenter asked how a licensed Merchant Mariner Credential, where 46 these terms. We had included a towing officer at the helm is expected to CFR 10.107 is located. Related to this reference to a fleeting area as an safely and successfully recover a single comment, we note that Section 607 of example of a limited geographic area in deckhand from the water should the the 2010 Act, which amended 46 U.S.C. our proposed definition of ‘‘excepted deckhand go overboard during routine by introducing additional logbook and vessel,’’ but, as discussed below in this operations. entry requirements in 46 U.S.C. 11304, section (IV.F), we removed that and We have addressed requirements for included entries for the ‘‘number of other examples for the separately lifesaving equipment, arrangements, hours in service to the vessels of each defined term ‘‘limited geographic area.’’ systems, and procedures on towing seaman and each officer.’’ We would Also, we amended the reference to vessels in Section IV.K of this preamble, need a separate rulemaking to fully vessels that may be included by the ‘‘Lifesaving,’’ and lifesaving regulations implement section 607 of the 2010 Act, cognizant OCMI in this definition by are located in part 141 of subchapter M. which involves hours of service; that identifying the requirements and When specifying the minimum rulemaking could apply to more than reasons the OCMI must consider before complement of officers and crew just towing vessels. treating a vessel as an excepted vessel necessary for the safe operation of the We amended a regulation, 46 CFR for purposes of some or all of the vessel, the OCMI is called on to 15.815(c), that requires a radar observer requirements listed. The Coast Guard has not subjected consider emergency situations such as a endorsement for masters or mates excepted vessels to certain requirements person overboard. See 46 CFR 15.501. onboard an uninspected towing vessel One commenter pointed out that in part 142 for fire protection 26 feet or longer by removing the word language used in § 15.535 in the NPRM equipment, and certain requirements for ‘‘uninspected.’’ When that regulation regarding an exception for certain new vessels in part 143 for alarms and towing vessels was eliminated by was issued, most towing vessels were monitoring, general alarms, section 606 of the 2010 Act. uninspected, and § 15.815(a) covered communication, fuel shutoff, additional As noted above in response to a towing vessels 300 GRT or more that fuel system requirements for existing comment addressed in section IV.B, were inspected. Because most towing vessels, and electrical power sources, section 606 of Public Law 111–281 did vessels 26 feet or longer will become generators, and motors, and electrical strike the paragraph in 46 U.S.C. 8905 inspected once this rule becomes overcurrent protection. We have that exempted vessels of less than 200 effective, we are making this conforming considered a commenter’s request to gross tons ‘‘engaged in the offshore amendment to 46 CFR 15.815(c). This also not require excepted vessels to mineral and oil industry if the vessel change is consistent with our § 15.815 comply with distress flare and has offshore mineral and oil industry towing-vessel specific enabling statute, additional lifebuoy requirements but sites or equipment as its ultimate 46 U.S.C. 8904(a), which distinguishes decline to do so because the factors used destination or place of departure’’ from towing vessels purely on length, not to except these vessels do not reduce the 46 U.S.C. 8904 requirements and whether they are inspected or need for flare and lifebuoy regulations promulgated under 46 uninspected. Because § 15.815(c) requirements. U.S.C. 8904. This statutory change was already requires this radar observers’ In § 141.375, we have a more precise not reflected in our proposed rule. endorsement on uninspected towing exception regarding distress flares and Accordingly, we made a conforming vessels, there is no anticipated cost do not require that they be carried on amendment to § 15.535(b), which associated with this change. vessels operating in a limited

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40011

geographic area on a short run limited while not as direct—provides a measure and manning for towing vessels. See 33 to approximately 30 minutes away from of risk control. U.S.C. 1203 and 1223a, and 46 U.S.C. the dock. Also, we have reviewed our We agree that a change from the 8904 and 70114. We find no perfect lifebuoy requirements in § 141.360 proposed rule is necessary to clarify that length for measuring risk, but we based on the request to not require vessels less than 26 feet are not exempt believe 26 feet is the best breakpoint to additional lifebuoys of excepted vessels, from the requirements of this use at this time in our transitioning of but have not adopted this suggested rulemaking when towing a barge the uninspected towing vessel fleet into change because some excepted vessels, carrying oil. In proposed § 136.105, an inspected fleet. for example, towing vessels used for when identifying exceptions to We received one comment supporting response to an emergency, need to have applicability, we made clear that towing the exception for workboats that do not on board the lifebuoys required under vessels less than 26 feet that push, pull, engage in commercial towing for hire § 141.360. Also, we noted our use of the or haul a ‘‘barge that is carrying but perform intermittent towing within term ‘‘excepted towing vessel,’’ instead dangerous or hazardous material’’ a worksite. A contracting company of ‘‘excepted vessel,’’ in part 143. We would not be excluded from subchapter agreed that increased equipment have clarified part 143 by making all M applicability. In the NPRM, we did requirements are not needed for job site proposed references to ‘‘excepted not define the term ‘‘dangerous or boats. Two individuals suggested that towing vessel,’’ consistent with the term hazardous material’’ but in the preamble the exception should be simplified, we defined, ‘‘excepted vessel.’’ we did describe our limitation on the such as by including a mileage Some commenters did not agree with less-than-26-feet exemption by stating limitation. A company recommended a our exception of towing vessels less this rule does not apply to towing slight expansion of the exception to than 26 feet for several reasons, vessels less than 26 feet in length cover workboats going to or from the including smaller vessels being given an ‘‘unless towing a barge carrying oil or worksite. unfair competitive advantage, the fact other dangerous or combustible cargo in The Coast Guard disagrees with the that such vessels may be engaging in bulk.’’ To make this intent clear in the recommendation to include a mileage commercial work, and a concern about regulatory text of the final rule, we have limitation or expand the exception, and regulatory avoidance. adopted the defined term ‘‘oil or believes the terms ‘‘worksite’’ and Our exemption for towing vessels less hazardous material in bulk,’’ to replace ‘‘workboat’’ are adequately defined in than 26 feet in length is intended to the term ‘‘dangerous or hazardous § 136.110. The OCMI will make provide for an incremental application material’’ in § 136.105(a). determinations of the boundaries and of inspection status to the towing vessel Also, to clarify that only one form of limitations of worksites within the fleet and is consistent with the hazardous material needs be carried to OCMI’s zone. The OCMI will evaluate recommendations of TSAC. We note trigger applicability, we changed the unique operating conditions and here that we made edits in § 136.105 to ‘‘materials’’ to the singular, ‘‘material,’’ hazards of the area and determine the ensure that the exemptions in that throughout the final rule. Also, we risks and mitigating factors necessary to section are clearly stated. Specifically amended the definition of ‘‘oil or support such operations. regarding our meter approximation of 26 hazardous material in bulk’’ by inserting A commenter requested that we treat feet, we changed ‘‘(8 meters)’’ to the ‘‘to carry cargoes’’ in its reference to workboats engaged in oil spill response more precise approximation of ‘‘(7.92 being certified under subchapters D or activities as exempt, just as we exempt meters).’’ Also we corrected the O to better reflect the nature of the workboats operating in a worksite. threshold for vessels subject to certifications. The Coast Guard has already included subchapter I. Other companies supported the less- an exception for towing vessels engaged An individual noted that towing than-26-foot exception. One commenter in emergency or pollution response in vessels should be measured end-to-end acknowledged that the Coast Guard our definition of ‘‘excepted vessels’’ in at actual length, and another commenter could address smaller towing vessels in § 136.110. We do not intend to provide suggested that the size of tow should be a future rulemaking. An individual a general exemption to oil spill response used to determine exempt vessels. thought the exception should apply to vessels from these rules. Instead, the Another individual recommended that even longer vessels (up to 32 or 40 feet OCMI may designate a pollution the exemption should be based on a in length) because such vessels are too response area as a worksite which combination of length, displacement, small to do any serious towing, and a would afford a towing vessel the and shaft horsepower in order to remove company agreed and stated that all its opportunity to be exempt from the incentive to use short, high-power shipyard and harbor service vessels subchapter M while it is operating tugs to circumvent Coast Guard were 34 feet or longer. exclusively in the worksite if it qualifies inspections. A commenter suggested a As noted above, the Coast Guard as a workboat under § 136.105(a)(3). clarification that towing vessels less approach in transitioning the This is consistent with the Coast than 26 feet in length are not exempt if uninspected towing vessel fleet into an Guard’s intent to provide inspection they move barges carrying oil. inspected status is to do so standards to certain vessels based on For methods of measuring towing incrementally over time. Based on our risk and consistent with the vessels, the Coast Guard sees no reason analysis of risk and a specific recommendations of TSAC. This rule to deviate from the statutory standard in recommendation provided by TSAC,1 exempts certain types of vessels from 46 U.S.C. 8904(a) which is reflected in we proposed that subchapter M apply to subchapter M, and relieves other types 46 CFR 15.535 and 136.105: Length vessels 26 feet and above. This length of vessels, excepted vessels, from measured from end to end over the deck standard has been used in various certain equipment requirements due to (excluding the sheer). We considered statutes to establish requirements for the nature of their service. We have the suggestion of using size of tow or a radiotelephones, automatic made no changes from the proposed combination of length, displacement, identification systems, electronic charts, rule based on this comment. and shaft horsepower as a way to Two commenters suggested adding determine applicability, but we believe 1 ‘‘Report of the Working Group on Towing Vessel language to our worksite exception in using the length of the towing vessels is Inspection,’’ p. 6, submitted to TSAC on September § 136.105(a)(3) to include ‘‘maneuvering a more manageable approach which— 29, 2005. a tank barge on and off of a drydock or

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40012 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

cleaning dock’’ to the ‘‘intermittent industry. An individual noted that small vessels of 300 gross tons or more that towing’’ covered in the worksite; and companies cannot afford to create and are subject to subchapter I, we would others recommended that we amend our implement a TSMS and would depend proceed with a separate rulemaking. We ‘‘excepted vessel’’ definition in on the Coast Guard to provide yearly would look at accident data after this § 136.110 to include moving vessels on inspections and guidance. Other rule becomes effective before proposing and off drydocks and to and from individuals and a State government such a rule. cleaning docks, or shifting vessels recommended that the Coast Guard We are considering the suggestion within a limited geographic area, or should develop a model TSMS that that we amend form CG–3752, including a full range of activities would be easy for small companies to Application for Inspection of U.S. commonly performed by towing vessels adopt. Another individual opposed Vessel, to add a block to indicate which in a limited geographic area. having optional provisions in a option the towing vessel owner or The Coast Guard sees no need for regulation. A commenter pointed out managing operator is using. For now, we these recommended changes. Our that current form CG–3752, Application recommend using the ‘‘Other (Indicate)’’ workboat exception in § 136.105(a)(3) for Inspection of U.S. Vessel, should be box—e.g., ‘‘Towing Vessel (TSMS covers the activity the commenter revised to add a block for indicating option)’’ or ‘‘Towing Vessel (CG requests we add. Also, our definition of which option is being used for the Inspection option).’’ ‘‘excepted vessel’’ in § 136.110 includes towing vessel. We received some comments from towing vessels operating ‘‘within a As we noted in the NPRM (76 FR towing or dredging companies limited geographic area.’’ Excepted 49979), the NTSB and TSAC have suggesting exemption from the entire vessels could include towing vessels strongly supported a TSMS, and the rule for certain vessels, such as all moving vessels on and off drydocks and approach is supported by the existing vessels, vessels under 79 feet, to and from cleaning docks. But we have International Safety Management (ISM) vessels under 200 gross tons, or vessels left this determination to the discretion Code. The NTSB disagreed with our operating on inland and harbor routes. of the cognizant OCMI, to be made on applicability exception for seagoing One company argued that construction/ a case-by-case basis. towing vessels of 300 gross tons or more dredge tugs on the Great Lakes should We received a very large number of subject to the provisions of subchapter be considered for exceptions. Another comments, particularly from I because currently under 33 CFR part company requested an exception for commenters in the American Waterways 96 only vessels measuring more than vessels that work as towing vessels less Operators (AWO) Responsible Carrier 500 gross tons and operating on than 10 percent of the year. A small Program (RCP), that expressed the belief international voyages are required to company with an 18-foot tow vessel and that the TSMS should be required for all have SMS and the subchapter M a 33-foot barge that carries less than towing companies and should not be regulation does not apply to the 22 10,000 gallons of diesel requested an optional. Proponents argued that the seagoing towing vessels of 300 gross exception. Some commenters suggested TSMS is flexible and scalable, would tons or more already inspected in that vessels used to move passenger create consistency, and addresses accordance with regulations for cargo barges should be specifically excluded. human error, the leading cause of and miscellaneous vessels in 46 CFR One company recommended that a towing vessel accidents. Some of the subchapter I. The NTSB encouraged the committee should be formed to examine commenters favored having a third- Coast Guard to extend the SMS which regulatory provisions are party audit option and conservation of requirement to these seagoing vessels by appropriate for particular vessels. Coast Guard resources. A maritime requiring SMS on all seagoing towing The Coast Guard does not believe that company stated that the savings vessels of 300 gross tons or more. broad exemptions from the requirement accruing from a robust TSMS will far The Coast Guard believes the of these rules would serve the intended outweigh any associated cost of traditional annual inspection regime we goal of improving safety in the towing development and implementation. One offer as an option to all towing vessels vessel industry. The Coast Guard seeks company observed that a TSMS gives a subject to subchapter M will provide a balance between a tiered company the ability to adjust its system necessary measures to ensure implementation of towing vessel safety through lessons learned and continuous compliance with subchapter M rules to vessels with the greatest risk improvement, rather than complying requirements and enable us to detect and a prudent exemption of with a set of standards once a year. non-compliance. applicability to towing vessels with less Commenters stated that the Coast Guard The Coast Guard notes the NTSB potential risk to life, property and the should not make the TSMS optional concerns and acknowledges that not all environment. because of concern about costs; instead seagoing towing vessels subject to One commenter suggested exemptions the Coast Guard should eliminate subchapter I are required to comply for towing vessels operating on inland requirements that are not justified by with SMS requirements in 33 CFR part and harbor routes not engaged in risk analysis. One commenter warned, 96, subpart B, for vessels on transporting petroleum products. In however, that a TSMS is not a substitute international voyages. That applicability particular, they argued that the TSMS for an inspection. threshold of the 500 gross tons reflects and towing vessel record (TVR) We received many other comments an international standard from the requirements should only apply to that supported retaining the option of International Convention for the Safety vessels that tow oil and hazardous inspection by the Coast Guard. of Life at Sea, 1974, as amended material, or are over 79 feet and 2,000 Proponents favored the flexibility (SOLAS) for vessels subject to Chapter HP. provided by having the option, the IX of SOLAS, Management of the Safe The Coast Guard disagrees. As we reduced administrative burden of the Operation of Ships. In general, the Coast note in our earlier discussion of part 136 Coast Guard inspection, cost efficiency Guard supports all towing vessels being comments, the Coast Guard does not for small businesses, and the fact that subject to a robust and well-functioning intend to create exemptions for all types the Coast Guard already has a successful safety management system. Should the of inland towing operations, or to inspection program. An association has Coast Guard decide to extend SMS provide exemptions for particular areas favored a traditional Coast Guard requirements to all vessels subject to without cause. We note, however, that inspection program for the towing subchapter M, or to seagoing towing under § 136.230 the OCMI may consider

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40013

route-specific requirements of risks and seeks to apply them to all performing required tasks’’ in paragraph subchapter M when designating a towing vessels subject to this rule. The (1)(iii) of the proposed definition of permitted route. additional variations necessitated by the ‘‘audit,’’ because there is no definition Regarding the TSMS requirement, it is type and area of operation can be for ‘‘required task.’’ optional. In this final rule, the only accommodated by a TSMS. The Coast Guard partially agrees with vessels required to maintain a TSMS are An association questioned whether the first comment. Not all towing those that choose the TSMS option. A ‘‘Lugger Tugs,’’ towing vessels that carry vessels will operate in accordance with TSMS, however, may benefit every type cargo, would be inspected as towing a TSMS. Under § 138.225, some vessels of towing vessel regardless of its service vessels or as offshore supply vessels. may meet TSMS requirements by routes, vessel length, or vessel One individual urged the Coast Guard to complying with ISM Code requirements horsepower. For more details on this, ensure consistency in regulatory of 33 CFR part 96 or some other SMS see the discussion in section IV.B and enforcement and fairness for all vessels. that the Coast Guard has accepted and the RA for the final rule (in the docket). The Coast Guard notes that towing deemed to meet subchapter M TSMS As for the TVR requirement, the vessel vessels that carry cargo for hire, or requirements. Rather than adopting the owner or managing operator has the conduct other regulated activities—such suggested edit, we deleted ‘‘planned option of maintaining it electronically as carrying passengers for hire, would arrangements’’ in favor of or on paper, and for towing vessels with likely be subject to regulations ‘‘requirements’’ and have made clear a TSMS, the required records may be contained in other subchapters. Vessels what requirements we intend to be maintained in another record specified engaged in two (or more) separate covered by our § 136.110 definition of by the TSMS. It is essential for maritime regulated activities are referred to as ‘‘audit’’ by specifying ‘‘TSMS or other safety that data we require in § 140.915 being in ‘‘dual (or multiple) service.’’ applicable SMS planned arrangements.’’ be recorded. We discuss the TVR Towing vessels that want to conduct In response to the ‘‘required task’’ requirement, and the various forms it activities other than just towing need to comment, the Coast Guard has edited may take, in more detail in our seek approval from the OCMI issuing the definition of ‘‘audit’’ in § 136.110 by discussion of part 140 comments. the COI. The Coast Guard provides replacing the term ‘‘required tasks’’ with We received one comment that guidance to all OCMIs to help ensure ‘‘specific tasks within their assigned favored applying the rule to vessels consistency in regulatory enforcement duties,’’ in paragraph (1)(iii) and towing oil and providing harbor assist to and fairness for all vessels. In the ‘‘specific tasks’’ with ‘‘their assigned large ships, applying a less costly example of a towing vessel carrying duties’’ in paragraph (1)(ii). We used the system to other vessels, and clarifying cargo, that vessel meets the definition term ‘‘duties’’ which is used in exemptions. Many commenters agreed for two vessel types and would have to § 138.220(b)(2) to describe training for that rules designed for offshore or ocean meet additional requirements to carry operational duties and duties associated routes or large rivers were not cargo on the towing vessel. Numerous with the execution of the TSMS. appropriate for vessels in canals, parameters, including vessel ’’Authorized Classification Society’’ harbors, or shallow rivers. The characteristics and the operations commenters opposed a one size fits all conducted by the vessel, would We received a comment from a approach, and noted that Congress determine under which vessel type the classification society requesting that the intended different standards for various vessel would be inspected. Coast Guard delegate the inspection of types of towing vessels. One of the For clarification, we amended our towing vessels to authorized commenters favored grandfathering description of ‘‘public vessel’’ in classification societies. In response, as existing vessels into compliance for as § 136.105 to match the term defined in we discuss in more detail in our TPO many of the requirements as practicable. 46 U.S.C. 2101. We also point to the 46 preamble section (IV.I), we have Another commenter, however, noted U.S.C. 2101 definition for the meaning amended § 139.110 to clarify the that risks are similar for inland and of the term in §§ 2.01–7, 15.535, and distinction between audits and surveys. harbor towing as for coastwise or ocean 15.610 of this chapter. For the purpose of audits, a recognized towing, and solutions, such as planning classification society meets the and testing, should be similar. A towing Definitions requirements of a TPO and may work as company opposed having more We received several hundred a third-party auditor. For the purpose of stringent rules for tank barge operators comments suggesting edits, deletions, or surveys, an authorized classification than for companies that haul dry cargo additions to our proposed definitions in society meets the requirements of a TPO barges. § 136.110. The discussion of changes and may work as a third-party surveyor. The Coast Guard agrees that there are made to the individual terms is as Further, we have amended § 144.140 to different characteristics, methods of follows: include certain authorized classification operation, and nature of service of societies as being qualified to conduct a towing vessels that require unique ‘‘Accepted Safety Management System’’ verification of compliance with design application of requirements. The Coast We deleted our proposed definition of standards. Therefore, we have Guard believes that the utilization of a ‘‘Accepted Safety Management System’’ incorporated the part 8 definition of TSMS allows the operator to tailor because we did not propose to use the ‘‘authorized classification society’’ into safety processes to the unique term within the regulatory text of the this final rule. conditions in which the vessel and NPRM and do not use it in this final ‘‘Buoyant Apparatus’’ or ‘‘Inflatable company operate. A TSMS is scalable, rule. dynamic, and customized by the Buoyant Apparatus’’ operator for the unique risks, ’’Audit’’ We received five comments, primarily challenges, and operating environments We received a suggested amendment from maritime companies and anticipated. Some hazards are universal of the first sentence in our definition of professional associations, suggesting the to all vessels regardless of where they ‘‘audit’’ that would replace ‘‘planned addition of a definition for the terms operate. Therefore, the Coast Guard arrangements’’ and ‘‘arrangements’’ with ‘‘buoyant apparatus’’ and ‘‘inflatable believes that certain minimum ‘‘TSMS.’’ One commenter suggested buoyant apparatus’’ because the terms standards are necessary to mitigate these deleting the phrase ‘‘observing persons are not defined in the proposed part

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40014 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

141. One maritime company suggested reference to 46 U.S.C. 2101 directly to ‘‘end of the barge’’ with ‘‘a fleet, a dock, the following text for the definition of our definition of ‘‘assistance towing’’ in or another tow.’’ Finally, we inserted ‘‘buoyant apparatus’’: ‘‘Buoyant § 136.110. the words ‘‘with the current’’ to describe apparatus is flotation equipment (other downstreaming and to reflect the nature ‘‘Crewmember’’ than lifeboats, life rafts, and personal of our concern in § 140.610(e) where we flotation devices) designed to support a Two commenters felt that the term require all exterior openings at the main specified number of persons in the ‘‘crewmember’’ should be defined as an deck level to be closed when a towing water, and of such construction that it individual who is listed on Form CG vessel is downstreaming. 735(T): Master’s Report of Seamen retains its shape and properties and ’’Engine Room’’ requires no adjustment or preparation Shipped or Discharged, so as to avoid for use.’’ The same commenter offered any misunderstanding related to In reviewing the definition of ‘‘engine the following text for the definition of vendors who are onboard for room’’ in the NPRM, the Coast Guard ‘‘inflatable buoyant apparatus’’: maintenance or repair. decided the word ‘‘area’’ was too broad; ‘‘Inflatable buoyant apparatus is The Coast Guard has revised the accordingly, we have replaced ‘‘area’’ flotation equipment that depends on definition in § 136.110 to match an with ‘‘space,’’ which is commonly used inflated compartments for buoyancy and existing definition of ‘‘crewmember’’ in and understood in the maritime is designed to support a specified 46 CFR 16.105, paragraph (2)(iv) of industry to refer to a specific room (also number of persons completely out of the which would exclude vendors who are see the definition for ‘‘Accommodation water.’’ onboard to conduct maintenance or space’’ in § 136.110). repair work. Also, please note that the The Coast Guard does not agree that ‘‘Element’’ it is necessary to include definitions for COI will list crewmembers required to commonly understood lifesaving be onboard and persons in addition to After reviewing this definition, which apparatus in subchapter M. These terms the crew that may be carried onboard as proposed, only applied to safety are already defined in 46 CFR, part the vessel. management systems, we decided to delete it as the term ‘‘element’’ is also 160—Lifesaving Equipment, in ‘‘Disabled Vessel’’ § 160.010–2. We did not make any used within the subchapter with regard changes from the proposed rule based One commenter noted that some dead to surveys and audits. Additionally, on these comments. ships can range up to 900 feet in length whenever the term is used, its meaning and suggested that we clarify our is clear. ‘‘Class II Piping Systems’’ definition of ‘‘disabled vessel’’ and set ‘‘Essential System’’ We deleted this definition as this term some limit on a dead ship’s size for is no longer used within this purposes of assistance towing. We note A company requested that we replace subchapter. that a dead ship is a ship without the references to ‘‘vessel’’ with ‘‘towing benefit of mechanical or sail propulsion. vessel’’ in our definition of ‘‘essential ‘‘Cold Water’’ The commenter’s concern appears based system.’’ Another commenter noted that A maritime trade association had no on § 136.105 excluding vessels used for the definition of ‘‘essential systems’’ is objection to the proposed definition of assistance towing from subchapter M similar to the term ‘‘critical systems’’ in ‘‘cold water,’’ and understood its applicability. We defined ‘‘assistance the ISM code, suggesting that the terms application in Table 141.305 regarding towing’’ to mean ‘‘towing a disabled be aligned or at least cross-referenced survival craft; however, the commenter vessel for consideration.’’ for clarification. An association whose was unaware of any deficiency in the The Coast Guard disagrees about the members trade on all five of the Great survival craft currently in use and need to amend our proposed definition Lakes noted that the definition of requested that only a single standard of ‘‘disabled vessel.’’ We note that a ‘‘essential system’’ is very broad and apply to the Great Lakes. dead ship would fit our definition if the needs to be scaled back to systems that The Coast Guard notes that the vessel regularly operated under its own are truly essential so as to help ensure definition of cold water is consistent power but was temporarily disabled. consistent application, and that as with other regulations and existing The Coast Guard does not see a need to written, it is difficult to identify a Coast Guard policy (NVIC 7–91) lists the include a specific length criterion for shipboard system other than galley areas designated as cold water. While dead ships in its definition of ‘‘disabled equipment that is not essential. the Great Lakes are generally considered vessel’’ because not all assistance Regarding the first comment, the cold water, several lakes are not towing vessels are the same length or Coast Guard disagrees with the designated as cold water during certain horsepower and the local COTP would suggestion because this entire months of the year. The Coast Guard assess the size and number of towing subchapter pertains to towing vessels, believes that specifying all of the Great vessels needed to assist a dead ship. and we believe references to ‘‘vessel’’ in Lakes as all cold water, year round, our definition of ‘‘essential system’’ ‘‘Downstreaming’’ would impose an unnecessary burden clearly refer to towing vessel. We agree on those towing vessels which operate A maritime company suggested we it is important to distinguish ‘‘vessel’’ seasonally when certain lakes are not insert ‘‘attempting to land’’ in place of from ‘‘towing vessel’’ in the few designated as cold water. However, this ‘‘landing’’ in our proposed definition of contexts in subchapter M where it is does not prevent a vessel owner or ‘‘downstreaming.’’ The Coast Guard necessary, but we do not view our managing operator from voluntarily acknowledges that downstreaming definition of ‘‘essential system’’ as one carrying the equipment required on cold includes unsuccessful as well as of them. We made no change from the water at all times. successful attempts to align with a barge proposed rule based on this first or other object, but has replaced the comment. In response to the second ‘‘Consideration’’ word ‘‘landing’’ with the words ‘‘in comment, to better align our definition We deleted this term as the proposed order to approach and land squarely on’’ with critical systems in ISM code, we definition was identical to 46 U.S.C. instead of the commenter’s suggested added language to include critical 2101 and the term was only used once words. Also, we amended the definition systems identified in a part 96- in that context, so instead we added a by replacing the limited reference to the compliant SMS. As for scaling back

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40015

systems included, the Coast Guard commenter pointed out that the sees no need to do so. The definition disagrees. We believe that the definition example of a limited geographic area (‘‘a says ‘‘[u]sed solely,’’ for any one or a of ‘‘essential system’’ accurately covers fleeting area for barges or a commercial combination of the services listed. those systems that are required in facility’’) in the definition of ‘‘excepted Therefore, subchapter M provisions not subchapter M to ensure a vessel’s vessel’’ conflicts with the proposed required of excepted vessels would be survivability, maintain safe operation, definition of ‘‘limited geographic area.’’ required of a towing vessel subject to control the vessel, or ensure safety of The Coast Guard views the excepted subchapter M whenever it is conducting onboard personnel. vessel category as a valuable tool to towing operations not listed in the more precisely tailor regulations. We ‘‘Excepted Vessel’’ definition of ‘‘excepted vessels,’’ unless have amended the definition of it has been excepted by the cognizant Many commenters, including an ‘‘excepted vessel’’ by removing the OCMI. When a vessel is exclusively association and various towing examples of limited geographic area used in one or more of the excepted companies, supported the concept of activities. The term ‘‘limited geographic activities it is not subject to certain ‘‘excepted vessel,’’ under which towing area’’ is defined in § 136.110 and allows provisions of Subchapter M. However, if vessels operating solely in fleeting and local COTP discretion to determine the vessel engages in activities that are harbor services would not be required to limited geographic areas for her or his not excepted, then it may be subject to meet certain equipment requirements in zone. Further, we note that, in addition those provisions even if this activity part 143. Several of the commenters to certain system and equipment only occurs intermittently. suggested that the definition of requirements in part 143, excepted In the NPRM, we proposed a ‘‘excepted vessel’’ should be clarified or vessels are also not subject to fire definition for harbor-assist that is expanded to specify activities such as protection requirements in §§ 142.315 identical to the existing definition in 46 moving vessels on and off drydocks or through 142.330. In terms of clarifying CFR 10.107. To be excepted, a vessel to and from cleaning docks. Also, the definition, we did change it to make would need to be subject to subchapter commenters stated the definitions it clear that excepted vessels are subject M, and in the applicability section, should encompass the full range of to subchapter M, but not to certain § 136.105, we state that subchapter M is activities commonly performed by requirements in the subchapter. not applicable to towing vessels ‘‘used towing vessels in limited geographic Accordingly, we changed ‘‘exempted’’ for assistance towing,’’ so we would not areas or harbor assist service and that to ‘‘excepted’’ when describing action include ‘‘assistance towing’’ in activities failure to do so will potentially by the OCMI that would make a towing for excepted vessels. We also exclude endanger the economic viability of vessel excepted. towing vessels engaged in towing small to medium size harbor/fleeting As for the recommendation that we recreational vessels for salvage, or companies and consequently, the small clarify or expand on the list of specific transporting or assisting the navigation to medium size ports and industries activities within limited geographic area of recreational vessels within and they service. One towing company and harbor assist service, the Coast requested clarification of the meaning of Guard disagrees. Instead, we have between marinas and marina facilities, ‘‘solely,’’ because towing vessels often removed the examples of activities within a limited geographic area. Harbor engage in different types of towing within a limited geographic area in assist and assistance towing are two operations throughout their life-spans. favor of leaving the discretion with the separate and distinct operations, both of An individual recommended that the local COTP, as stated in the definition which we have defined in § 136.110. We term ‘‘harbor assist’’ in the definition of of limited geographic area, and not have have made no changes from the ‘‘excepted vessel’’ should be replaced by what some may read as an exclusive list proposed rule based on these comments. ‘‘assistance towing’’ to be consistent of examples in our definition of We have amended the definition of with the applicability exclusion ‘‘excepted vessel’’ that references ‘‘excepted vessel’’ to remove the paragraph in § 136.105(a)(2)(i) or with limited geographic area. However, reference to ‘‘restricted service’’ and, as ‘‘recreational assist.’’ Also a company additional guidance beyond this rule noted above, to remove examples from pointed to the need to improve our may be developed to help the industry the limited geographic area sentence definition of ‘‘excepted vessel’’ in and public understand how operating in that may have been too narrowly § 136.110 specifically as it applies to a limited geographic area may impact focused and conflicting with the harbor assist vessels, a common term the equipment requirements if they are definition of limited geographic area. that it noted was used for vessels that an ‘‘excepted vessel’’. The definition of ‘‘Excursion Party’’ conduct ship assist activities helping ‘‘harbor-assist’’ remains identical to the larger vessels in and out of port. One existing definition in 46 CFR 10.107. One commenter suggested that the towing company opposed the concept of Further, the definition of ‘‘excepted term ‘‘excursion party’’ be defined as ‘‘a excepted vessels and expressed the view vessel’’ also contains the provision for group visiting the vessel for no specific that all towing vessels should meet the the cognizant OCMI to except vessels business purpose.’’ same requirements. Another company based on reasons submitted by the The Coast Guard added a definition also opposed exempting fleeting or vessel owner or managing operator as to for ‘‘excursion party’’ in this final rule; limited route vessels from the proposed why the vessel does not need to meet however we do not agree with the provisions, because such vessels may certain system and equipment commenter’s proposed definition. As operate in close proximity to chemical requirements in parts 142 and 143 for addressed in § 136.245, any personnel plants and barge fleets. The commenter the safe operation of the vessel. We (business, personal, etc.) not authorized warned that such vessels may have believe that the ability to except certain to be carried by the COI would be minimal safety standards and operators vessels from specific equipment carriage considered by the OCMI when issuing may modify their vessels to benefit from requirements provides relief from the an excursion permit. the proposed provisions. An individual potential economic burden on these ‘‘Flammable Liquid’’ provided examples of vessels that work vessel owners. in fleeting areas but also travel many As for clarifying the meaning of One commenter suggested that we miles away from their base of operations ‘‘solely’’ in our definition of ‘‘excepted define ‘‘flammable liquid’’ and without proper equipment. One vessel,’’ in § 136.110, the Coast Guard ‘‘combustible liquid’’ as they are

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40016 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

defined in 46 CFR 30.10–15 and 30.10– definition should include inland harbor all of subchapter M and have placed it 22. and fleet vessels. in part 143’s definition section, The Coast Guard partially agrees. The The Coast Guard disagrees. Regarding § 143.115, where it is only applicable to definitions in 46 CFR part 30 apply the recommendation to delete ‘‘or’’ and that part. We believe the definition is specifically to equipment required on restrict both ‘‘dock, undock, moor, shift, useful as limited to that part and tankers. The Coast Guard believes that or unmoor,’’ and ‘‘escorting’’ to towing therefore, we have only restricted, and adding these definitions would not vessel actions involving a vessel with not deleted, the definition. provide any additional clarification for limited maneuverability, we do not see We use the word ‘‘independent’’ in a these rather common terms used in our a need for this change to this definition, different context when we describe fire protection and machinery and which we adopted word-for-word from TSMSs and TPOs, as in our definition electrical systems and equipment 46 CFR 10.107. For a vessel to be of ‘‘audit’’ and ‘‘TPO’’ in § 136.110, and escorted, the vessel needs some regulations in 46 CFR parts 142 and 143. §§ 138.205(b)(4), 138.310(d)(4), independent maneuvering capability, However, we did modify part 143 to 139.115(b)(1) and 139.120(p). In that which is not be true of all vessels a reference part 30. context we will use the common towing vessel may dock, undock, moor, definition of the term—to be free from ‘‘Fleeting Area’’ or unmoor. We do not need to add the influence, control, or determination ‘‘shift’’ to the definition because we We received comments from two of another or others. maritime companies regarding our believe any shifting is already captured proposed definition of ‘‘fleeting area’’ in by the words ‘‘maneuvers to dock, ’’Inland Waters’’ undock, moor, or unmoor a vessel.’’ § 136.110. One commenter suggested One commenter suggested deleting inserting the words ‘‘or wait to load or Also, there is no need to add shifting barges in a limited geographic area nor the proposed definition for ‘‘inland unload cargo’’ after ‘‘where individual waters’’ because it is not defined in barges are moored or assembled to make do we wish to add towing barges in a limited geographic area to this other 46 CFR and would be confusing a tow,’’ and to insert ‘‘towing’’ before when considering classes of vessels. The ‘‘vessel’’ when referencing another definition. While not self-propelled, a barge would be included in the commenter felt that the terms ‘‘Inland vessel that will transport the barges in waters, excluding Western Rivers’’ can the tow to various destinations. definition’s reference of a vessel, and we do not view harbor-assist as be used instead. The Coast Guard agrees with the encompassing the full range of activities The Coast Guard disagrees. ‘‘Inland second recommendation, but not the covered by ‘‘towing.’’ Finally, we do not waters’’ is defined in 46 CFR 10.107 and first. The inclusion of the term ‘‘towing’’ see a need to add responding to an our subchapter M proposed definition to the description of ‘‘vessels’’ makes emergency situation or pollution event aligns with that existing definition. To the definition clearer. We disagree with involving towing vessels, vessels with address the reach of this and other the first recommendation to insert the limited maneuverability, or barges to § 136.110 definitions, we have inserted words ‘‘or wait to load or unload cargo’’ our definition of ‘‘harbor-assist.’’ Both of the introductory text of ‘‘As used in this because here we are defining ‘‘fleeting these activities are already included subchapter’’ in § 136.110, which reflects area’’ which is focused on making a tow, within our ‘‘excepted vessel’’ definition. our initial intent that definitions in that as opposed to ‘‘limited geographic area’’ We have made no changes from the section have limited applicability. Also, which may cover more activities. proposed rule based on these comments; in subchapter M we only use the term Reflecting the definition of ‘‘limited our subchapter M ‘‘harbor-assist’’ ‘‘inland waters’’ once, in the definition geographic area,’’ we also inserted, ‘‘as definition remains consistent with the of ‘‘Western Rivers,’’ and do not view it determined by the local Captain of the 46 CFR 10.107 definition. as generating confusion regarding Port (COTP),’’ after a reference to a classes of vessels. We have made no limited geographic area in our ‘‘fleeting ‘‘Horsepower’’ changes from our proposed definition of area’’ definition. A professional association and private ‘‘inland waters’’ based on this comment. ‘‘Fully Attended’’ citizen expressed support for our proposed definition of ‘‘horsepower’’ ‘‘International Voyage’’ We deleted the definition of ‘‘fully which is that stated on the COI which We received comments from two attended’’ because we did not use the reflects ‘‘the sum of the manufacturer’s term in this final rule, nor did we use commenters requesting that the listed brake horsepower for all installed proposed definition of ‘‘international the term within the regulatory text of propulsion engines.’’ We made no the NPRM. voyage’’ not include Canadian waters changes from the proposed rule based that are transit waters between Alaska ‘‘Harbor-Assist’’ on these comments. and other States. The commenters noted A maritime company suggested that ‘‘Independent’’ that towing vessels do not always make for our definition of ‘‘harbor-assist,’’ we One commenter suggested revising or port calls in Canada during passage and add ‘‘shift’’ to ‘‘dock, undock, moor, or deleting the definition of ‘‘independent’’ are not considered international voyages unmoor,’’ and tie the escort of a vessel because it appears only in §§ 143.300 and subject to SOLAS. with limited maneuverability to these and 143.435. The Coast Guard does not see a need actions by removing the disjunctive Our proposed definition of to amend our definition of ‘‘or’’ we have placed between those ‘‘independent’’ in § 136.110 is and was ‘‘international voyage.’’ Under our activities, and to add two more activities intended to be focused on equipment. definition, towing vessels transiting at the end of the definition ‘‘to shift or We agree that it is not the appropriate directly from a U.S. port in the tow barges within a limited geographic definition for the use of ‘‘independent’’ contiguous 48 states to the state of area; or to respond to an emergency outside of part 143, Machinery and Alaska or the state of Hawaii would not situation or pollution event involving Electrical Systems and Equipment. In be considered on an international towing vessels, vessels with limited response to this comment, we have voyage for purposes of subchapter M maneuverability, or barges.’’ Another removed the definition from § 136.110 because they would not be going to a commenter agreed and also felt that the where it would have been applicable to port outside the United States.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40017

’’Lakes, Bays, and Sounds’’ conversion.’’ First, the commenter replacement of propulsion engines is We received two comments would establish a threshold up front normally undertaken to prolong the suggesting the proposed definition of that all the factors discussed must service life of a vessel, and therefore fits the term ‘‘lakes, bays, and sounds’’ be meet—that changes result in the definition of ‘‘major conversion.’’ To clarified to state that the operations on ‘‘essentially a new towing vessel’’— match the wording in 46 CFR 28.50, we Kentucky Lake are not to be included in while also leaving that same standard in changed ‘‘Coast Guard’’ to the current definition of ‘‘lakes, bays, the last (‘‘otherwise’’) factor. Second, ‘‘Commandant’’ and added part 28’s and sounds.’’ Another commenter the commenter would move our definition of ‘‘Commandant’’ to suggested that the definition is too reference to a determination by the § 136.110. Major Conversion broad to include lakes, bays, and sounds Coast Guard to the end of the definition. determinations are made by the Coast in inland river systems, and should be And third, the commenter would limit Guard Marine Safety Center on a case- revised to exempt lakes, bays, and the ‘‘substantially prolonging the life of by-case basis. the towing vessel’’ factor by expressly sounds that are part of the inland or ‘‘Major Non-Conformity’’ Western River systems. excluding ‘‘the replacement of The Coast Guard uses the term ‘‘lakes, propulsion engines’’ from that factor. One commenter suggested the bays, and sounds’’ in § 136.230 as one The Coast Guard agrees with the following text for the definition of of a number of major headings under recommendation that we move our ‘‘major non-conformity’’ which which each area of operation—referred reference to a determination to the end specifically identifies deviations as to as a route—is described on a towing of our definition of ‘‘major conversion.’’ being from the safety management vessel’s COI. With the exception of This change makes our definition more system and replaces our reference to the ‘‘rivers,’’ ‘‘Lakes, bays, and sounds,’’ is consistent with the statutory definition lack of effective and systematic the least severe of the routes. Our in 46 U.S.C. 2101 (14a) and our existing implementation of the TSMS as being definition matches that used for small 46 CFR 28.50 definition in subchapter C included as a major non-conformity, to passenger vessels in subchapter K (46 for uninspected vessels. We also references to items that would be CFR 114.400) and small passenger clarified that reference from vaguely considered a more significant vessels in subchapter T (46 CFR stating ‘‘as determined by the Coast breakdown or failure of the SMS: 175.400). The Coast Guard does not Guard’’ to ‘‘as determined by the ‘‘Major Non-Conformity means an intend to create exemptions for all types Commandant.’’ This change better identifiable deviation to the safety of inland towing operations, or to aligns the definition with the phrasing management system which poses a provide exemptions for particular areas used in existing text. serious threat to personnel, vessel without cause. We note, however, that We received comments from safety, or a serious risk to the under § 136.230 the OCMI may consider professional associations, maritime environment; where a large number of route-specific requirements of companies, and other companies who non-conformities exist in an area or subchapter M when designating a expressed concern over the phrase where similar non-conformities exist permitted route. We have not made a ‘‘substantially prolongs the life of the throughout the company or vessel then change from the proposed rule based on vessel’’ in the proposed definition of this demonstrates a more significant these comments. major conversion. Commenters felt that breakdown or failure of the safety the definition should be clarified to management system.’’ ‘‘Limited Geographic Area’’ explain that routine activities like The Coast Guard has simplified its One commenter asked for further maintenance or part replacement are not definition of ‘‘major non-conformity’’ to definition of the term ‘‘limited considered major conversions, but only include the term ‘‘non-conformity’’; by geographic area.’’ those activities that would result in the referring to ‘‘non-conformity’’, we are Our definition of ‘‘limited geographic converted vessel becoming a new vessel. including a failure to conform to the area’’—‘‘a local area of operation, Two commenters, a private citizen and SMS. Even though the definition in 33 usually within a single harbor or maritime company, requested examples CFR part 96, our regulations port’’—is intended to be flexible enough of what is considered a major implementing SOLAS and ISM Code to reflect the wide range of local conversion. Another maritime company provisions for safety management operations. The local COTP has the suggested that the term, as it is currently systems, includes an example of a lack discretion to determine limited proposed, would apply ‘‘new vessel’’ of effective and systematic geographic areas for his or her COTP requirements to existing vessels, and implementation, we have deleted that zone. We do use the term ‘‘limited discourages the maintenance of or language from the definition in geographic area’’ as a factor in our investment in existing towing vessels. § 136.110. We did not agree with the definition of ‘‘excepted vessel,’’ but we We see no reason to adopt the suggested definition, which could be believe it is appropriate to not impose commenter’s two other suggested read as creating an additional standard certain requirements, such as for changes that deviate from the statutory for a ‘‘more significant breakdown.’’ additional fire-extinguishing equipment, definition. The first change would ‘‘New Towing Vessel’’ on vessels we identify as excepted introduce an unexplained redundancy vessels, or impose less rigid lifesaving and the second would expressly exclude One commenter suggested that we equipment requirements on vessels that the replacement of propulsion engines remove the following factor in our operate in a limited geographic area. We from consideration of actions that proposed definition of ‘‘new towing assess excepted vessels and certain substantially prolongs the life of the vessel’’: Towing vessels that underwent vessels operating in a limited vessel. As reflected above, based on a major conversion initiated on or after geographic area as presenting a reduced these comments, we have revised our the effective date of our final rule. risk with respect to certain subchapter definition to make it consistent with The Coast Guard disagrees with this M requirements. existing definitions in 46 U.S.C. recommended change to our definition 2101(14a) and 46 CFR 28.50 of of ‘‘new towing vessel.’’ Standards for ‘‘Major Conversion’’ subchapter C, and we did not adopt the new vessels are sometimes set higher One commenter requested that we commenters’ two other suggested than for existing vessels as a means of change our definition of ‘‘major changes. The Coast Guard believes a ensuring improved safety standards over

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40018 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

time without imposing undue costs on classification society reports as an ‘‘Rescue Boat’’ existing vessels. If we left major example, and would consider reports or One commenter noted that ‘‘skiff’’ is conversions out of the definition of new records from a TPO as a similarly referenced in § 140.420(d)(4), which vessels, then we would provide appropriate example reflecting an contains a training requirement if the incentive for existing vessels to undergo independent assessment. skiff is ‘‘listed as an item of emergency major conversions to avoid having to ‘‘Pressure Vessel’’ equipment to abandon ship or man meet new vessel standards. Granting overboard recovery’’ and that ‘‘rescue existing vessels the status of being One commenter suggested we amend boat’’ also appears in § 140.420. The ‘‘grandfathered’’ is a valuable regulatory our definition of ‘‘pressure vessel’’ to commenter recommends that if a rescue approach, but factoring major simply refer to closed containers boat is a separate craft from a skiff, as conversions into our definition of ‘‘new designed to hold gases, liquids or a our use of the two terms in § 140.420 vessels’’ provides a means of controlling combination at a pressure substantially suggests, then we should define ‘‘rescue a potential abuse of ‘‘grandfathered’’ different from ambient pressure— boat’’ in § 136.110 in addition to having status and is consistent with other 46 instead of just ‘‘under pressure.’’ defined ‘‘skiff’’ there. CFR subchapters. We have not made Another commenter suggested adding The Coast Guard agrees with the any changes from the proposed rule the following text as a definition for recommendation that we add a based on this comment. ‘‘heating boiler’’: ‘‘An enclosed steel or definition of ‘‘rescue boat’’ to § 136.110. However, upon further review of the cast iron container that uses an energy We do consider a rescue boat as a definition, we determined that it should source to heat water (or make steam) separate craft from a skiff. We have be amended for other reasons. As that is sent through heat radiating added the same definition of ‘‘rescue proposed, the definition was based on devices in the machinery space to heat boat’’ in § 136.110 that appears in three the date the vessel was contracted for or a towing vessel.’’ existing Coast Guard regulations. This the date the keel was laid. More often The Coast Guard agrees with the definition distinguishes the dedicated than not, these will be two separate comment regarding pressure being purpose of a rescue boat—to rescue dates which could lead to confusion as substantially different from ambient to whether or not a vessel is a ‘‘new persons in distress and to marshal pressure and in response inserted the survival craft—from the general nature towing vessel.’’ We amended the words ‘‘greater than atmospheric definition to base the determination on of a skiff, a small auxiliary boat carried pressure’’ at the end of the definition. onboard a towing vessel that might be the date the keel was laid or the vessel We also agreed with the need to is at a similar stage of construction in used in emergency situations. incorporate language to include boilers order to account for those instances so we broadened the definition of ‘‘Replacement in Kind’’ where a vessel might be built in a ‘‘pressure vessel’’ to include ‘‘unfired’’ We have added a new definition to modular mode of construction. We also and ‘‘fired’’ pressure vessels which § 136.110 for the term ‘‘Replacement in removed paragraph (3) of the definition incorporate boilers. kind’’ which was undefined in the regarding vessels built without a NPRM but appeared several times in contract because we viewed it as ‘‘Random Selection of a Representative part 143. ‘‘Replacement in kind’’ unnecessary given our removal of a Sampling’’ generally means replacing a failed reference to a contract in paragraph (a). The second reason for amending the One commenter suggested the need component with the same component, definition is to ensure that owners, for defining ‘‘random selection of a or a part with the same technical designers, and builders have sufficient representative sampling’’ for better specifications as the original design. time to adapt and incorporate the consistency in the auditing process. Replacements in kind may normally be requirements applicable to new vessels We do not agree that a specific accomplished by the crew, or a into the design and construction of a definition is needed for ‘‘random shipyard, as part of routine maintenance vessel. As proposed, the date for a new selection of a representative sampling.’’ or repairs, and may not require vessel was 30 days after the regulation We feel that ‘‘random selection of a notification to the OCMI. publication date. In reviewing a representative sampling’’ is a common ‘‘Safety Management System’’ commenter’s request for more time to safety management system and auditing term that should be recognized and Two commenters recommended comply with the final rule, we inserting the following 11 italicized concluded that 30 days is too short a understood by any ISO–9001-trained internal or external auditor. In a related words in our proposed definition of time period. It would be very difficult ‘‘Safety Management System’’: and costly to make changes in line with external audit provision in § 138.410(f), the ‘‘new vessel’’ requirements in those we removed a vague reference to Safety Management System means a instances where the design of a vessel samples having to be statistically valid. systematically structured and documented system enabling the owner or managing is almost complete. We have determined ‘‘Recognized Classification Society’’ operator and towing vessel personnel to that for smooth transition and identify and manage interrelated process and implementation, an additional year is We shortened the definition of effectively implement the owner or managing needed, and we amended the definition ‘‘recognized classification society’’ by operator’s safety and environmental accordingly. focusing on the core of the definition: A protection policies and that is routinely classification society recognized by the exercised and audited in a way that ensures ‘‘Objective Evidence’’ Coast Guard in accordance with 46 CFR the policies and procedures are incorporated One commenter recommended we part 8. into the daily operation of the vessel and company. add records of an approved third-party ‘‘Recognized Hazardous Conditions’’ organization as another example in our In addition, one commenter definition of ‘‘objective evidence’’ in We deleted the definition of recommended replacing the word § 136.110. ‘‘recognized hazardous conditions’’ ‘‘audited’’ with ‘‘evaluated’’ in the The Coast Guard agrees with this because we do not use the term in this above definition. suggested change and has amended the final rule, nor did we propose to use it The Coast Guard partially agrees with definition accordingly. We already list in the regulatory text of the NPRM. the proposals to change this definition.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40019

We have amended the definition by We believe this response should words ‘‘assess whether’’ to the adopting a modified version of our 33 clarify what we mean by the use of these definition of ‘‘TPO.’’ CFR part 96 definition that identifies terms but knowing the frequency of ‘‘Tow’’ those enabled by the SMS and the these activities may also help. Section purpose of the SMS with respect to 137.200 identifies the frequency of One company recommended that we subchapter M. We disagree with inspections associated with the Coast define ‘‘tow’’ as a vessel or vessels being changing the term from ‘‘audited’’ to Guard inspection option. For vessels moved by a towing vessel in contrast to ‘‘evaluated’’ as an audit is a clearly under the TSMS option, external and our proposed definition that identifies defined and recognized activity with internal surveys and audits are required. the towing vessel as being part of the respect to safety management systems. Sections 137.205 and 137.210, tow which would also include one or more barges or a vessel not under its ‘‘Survey’’ respectively, identify the frequency of surveys under the external and internal own power. One commenter suggested that the survey programs. Finally, §§ 138.310 The Coast Guard concurs with the difference between ‘‘audit’’ and and 138.315, respectively, identify the need to clarify that tow refers to what ‘‘survey’’ needs to be clarified in frequency of external and internal the towing vessel is moving—be it § 136.110, as well as with respect to the audits. another vessel, barge, or some other Coast Guard option under proposed object. We have revised our definition to § 136.150 and the TSMS option under ‘‘Third-Party Organization’’ read ‘‘Tow means the barge(s), vessel(s), proposed § 136.205. Another commenter We received comments suggesting the or object(s) being pulled, pushed or noted that these two terms, in addition need to clarify or remove our proposed hauled alongside a towing vessel.’’ This to ‘‘inspection’’ are used definition of ‘‘third-party organization.’’ is consistent with our use of the term as interchangeably in the NPRM, as are the The commenter suggested that the term a noun in our rule (e.g., in § 140.625, words ‘‘auditor, inspector, and is inconsistent with our repeated use of ‘‘the movement of a towing vessel and surveyor.’’ There were also comments the proposed term ‘‘approved third- its tow’’). Reflecting this definition, in about the need to clarify the frequency party organization’’ in part 139 and § 140.805 we added ‘‘or objects’’ to of audits, inspections, and surveys, and would be redundant if we adopted his barges and vessels when describing which ones may be conducted by third recommendation to amend our what may make up a tow. parties. proposed definition of ‘‘approved third The Coast Guard believes that our ’’Towing Safety Management System party’’ to make it clear it only refers to definitions of these two terms are (TSMS)’’ TPOs. One commenter suggested clearly distinguishable. Our definition converting our proposed definition of On reviewing the comments, the of ‘‘survey’’ in § 136.110 focuses on ‘‘approved third party’’ in § 136.110 to Coast Guard decided to add a definition compliance with subchapter M and of TSMS in § 136.110 rather than just other authorities—‘‘an examination of a definition of ‘‘approved third party organization’’ and to add ‘‘organization’’ rely on the information contained in the vessel, its systems and equipment to part 138 on TSMS compliance. verify compliance with applicable to the definition so the term ‘‘means a regulations, statutes, conventions, and third party organization approved by the ’’Towing Safety Management System treaties.’’ Our definition of ‘‘audit’’ in Coast Guard in accordance with part (TSMS) Certificate’’ § 136.110 is more focused on systems 139 of this subchapter.’’ We received several comments set up to ensure that compliance. The Coast Guard agrees that our suggesting two separate definitions of Neither proposed § 136.150, Annual and proposed definitions of the terms the TSMS certificates be added: One for periodic inspections, nor proposed ‘‘approved third party’’ (ATP) and the owner or managing operator and one § 136.205, which describes the COI, ‘‘third-party organization’’ (TPO) may for each of the towing vessels found to refer to audits or surveys. cause confusion, so we deleted the term be in compliance with the TSMS. Regarding the word ‘‘inspection,’’ we ATP and modified any references to The Coast Guard has not defined did not define that term which applies approved third-party surveyors or ‘‘TSMS certificate’’ and does not agree to all vessels subject to subchapter M auditors to make clear that such that two separate definitions should be because they are all ‘‘subject to surveyors or auditors would be from a added or that a separate certificate for inspection’’ under 46 U.S.C. 3301. In third-party organization or TPO. Also, the company and the towing vessel this rule, we primarily use the word we deleted the word ‘‘approved’’ used needs to be issued. TSMS certificates ‘‘inspection’’ to distinguish a towing in front of TPO because by definition, are issued to the owners or managing vessel that has selected the option of an TPOs are approved. Our definition of operators and a list of vessels covered annual inspection by the Coast Guard third-party organization in this final by the TSMS must be maintained, as instead of a TSMS option under which rule makes it clear that the organization described in § 138.305. surveys and audits are conducted. But is approved by the Coast Guard to regardless of the option selected, under conduct independent verifications to ‘‘Travel Time’’ proposed §§ 136.140 and 136.145 the assess whether TSMSs or towing vessels Four commenters, including maritime Coast Guard would conduct inspections comply with applicable requirements companies and a professional for certification on all vessels seeking to contained in this subchapter. Also, we association, suggested deleting the obtain or renew a COI. An inspection is have amended § 139.115(b) to make that proposed term ‘‘travel time’’ because it similar to a survey in that both involve approval process clearer and replaced a does not appear anywhere else in the an examination of a vessel to determine reference to an organization having to regulation. One commenter suggested whether it is in compliance with meet subchapter M requirements with that the proposed term needs to be applicable regulations or other legal one to expressly include the standard of amended to clarify the application to authorities. In reviewing proposed meeting part 139 requirements for TPOs. daytime operators who commute back §§ 136.140 and 136.145, however, we This comment also caused us to and forth to work, not travel to a large reorganized these requirements and notice that our TPO definition needs to commercial tug/barge unit that operates moved then into subpart B, Certificate of be amended to better reflect the work like a self-propelled vessel. Conversely, Inspection, as §§ 136.210 and 136.212. being done by the TPO. We added the other commenters suggested that the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40020 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

definition should not include travel vessels operating in the Inland areas of areas within which workboats are back and forth. One company asserted the waterway system within the Sea operated over short distances for that if the travel time is not included, Buoy system, which includes the Gulf dredging, construction, maintenance, or crewmembers that do not live in close Intracoastal Waterway. The commenter repair work, including shipyards, proximity to work will use the majority suggested that Western Rivers be owner’s yards, and lay-down areas used of their hours traveling. defined to include those vessels by marine construction projects, would The Coast Guard agrees that our operating within the Sea Buoy system. not require OCMI designation as definition of ‘‘travel time’’ should be Based on these comments, the Coast worksites. Other worksites may be deleted from the final rule because we Guard has decided to adopt the existing specified by the OCMI. Further, a do not use that term in subchapter M. 33 CFR 164.70 definition of ‘‘Western maritime company suggested adding the Rivers’’ which applies to navigation terms ‘‘cleaning facilities, fleeting areas’’ ’’Unsafe Condition’’ safety regulations for towing vessels. to the definition of ‘‘worksite.’’ One commenter, citing § 137.325(d), This is similar to the definition TSAC The Coast Guard disagrees with these asked the Coast Guard to create a good used in its September 7, 2006 report recommendations. We believe it is definition of an ‘‘unsafe condition’’ that (USCG–2006–24412–0004). Their appropriate for the cognizant OCMI to can be consistently applied by definition ended with ‘‘and waters designate worksites based on the factors companies, auditors, and surveyors, as connecting or tributary thereto’’ instead and activities listed and their possible well as the Coast Guard. of referencing waters designated by the impacts on other waterway users. The Coast Guard agrees with the COTP. Waters specified by 33 CFR 89.25 Therefore, we have decided not to adopt commenter’s request and has added a and 89.27, for inland navigation rule the expanded definitions being definition of ‘‘unsafe condition’’ to purposes, include all of the connecting suggested here. We have made no § 136.110, which includes observation and tributary waters specified in TSAC’s changes from the proposed rule based of a major non-conformity on board a definition, and our addition of the 33 on these comments. vessel. CFR 89.27 reference includes the Gulf Options for Obtaining a Certificate of ‘‘Unsafe Practice’’ Intracoastal Waterway in the definition. Inspection Also, making our definition consistent One commenter suggested that in the with the one in 33 CFR 164.70 allows A commenter opposed the option of definition of ‘‘unsafe practice’’ the list of COTPs to designate similar waters. obtaining certification by annual Coast items that may be subject to significant Multiple factors in 33 CFR 62.27 are Guard inspections and recommended risk of harm be supplemented by adding considered in the positioning of safe deletions of provisions in proposed ‘‘and the vessel’’ after ‘‘property.’’ water marks, which are also called ‘‘sea §§ 136.130, 136.140, 136.145, 136.150, The Coast Guard disagrees. A vessel buoys.’’ These factors may cause them 136.165, and 136.170. belongs to an organization or person to be placed seaward or shoreward of The Coast Guard recognizes that some and, therefore, is included by the word demarcation lines. And, while each safe in the industry view the option for Coast ‘‘property.’’ We made no changes from water mark has a plotted position in the Guard traditional inspections as not the proposed rule based on this Light List available via 33 CFR 72.05– having a role in the future of the comment, but recognizing it can be bad 10, unlike demarcation lines in 46 CFR regulation of towing vessels. We believe practice to do something even once, we part 7, there are no lines associated with that the development of and adherence inserted reference to a single action, in safe water marks. Therefore, we have to a TSMS that is tailored to a addition to a habitual or customary decided to use the term ‘‘navigational company’s unique operations and that action. demarcation lines’’ currently used in 33 provides for an authoritative reference CFR 164.70. for all members of the organization ‘‘Western Rivers’’ improves safety for the company’s We received several comments, ‘‘Workboat’’ vessels. As the TSAC Economic mostly from maritime companies, One commenter suggested we amend Analysis Working Group Report (USCG– regarding the proposed definition of our definition of ‘‘workboat’’ to include 2006–24412–0007) stated, the costs to a ‘‘Western Rivers.’’ Several maritime ‘‘vessels undergoing cleaning or repair,’’ small company to implement and companies suggested that the definition besides equipment, as things that the maintain an SMS may be more difficult should be consistent with the one in 33 workboat pushes, pulls, or hauls to absorb than it is for a large company. CFR 164.70, which is identical except alongside within a worksite. These regulations do not preclude any for it adds waters specified by 33 CFR The Coast Guard disagrees with the towing vessel company from adopting a 89.27 ‘‘and such other, similar waters as proposed change. However, we have safety management system. However, are designated by the COTP.’’ amended the definition of ‘‘workboat’’ the structure of subchapter M provides Commenters also asked that waterways to remove the specific listing of things towing vessel companies with flexibility mentioned in 33 CFR 89.27 be included. being towed. We believe that the revised in how to comply with this subchapter. It was suggested that the consistency in definition of workboat and our With respect to the various sections definitions will help avoid new definition of worksite—which already mentioned by this commenter, we have regulations for those vessels operating included a list of certain activities made changes in this final rule. on the Gulf Intracoastal Waterway. One which we amended to reflect the Proposed § 136.130 has been revised commenter noted that the proposed movement of equipment but specifically and retitled to better depict the purpose definition of ‘‘Western Rivers’’ is excluded the movement of barges of the options it presents for inconsistent with the definition in the carrying oil or hazardous material— documenting compliance with the TSAC report and current regulations. A provide sufficient flexibility to the requirements of this subchapter and to trade association believed the change in OCMI to cover operations not specifically note that a Certificate of the definition for ‘‘Western Rivers’’ specifically listed. Inspection is obtained following a Coast would increase the burden on mariners. Guard inspection. We have moved A maritime company noted that the ‘‘Worksite’’ proposed §§ 136.140 and 136.145 into NPRM lacks a definition, or a route One commenter suggested that we subpart B of part 136—Certificate of description in § 136.230, that covers amend the definition ‘‘worksite’’ so all Inspection—as amended § 136.210 and

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40021

new § 136.212. Also, we merged (a). This insertion is intended to 136.202 provides a broad phase-in proposed §§ 136.150 and 136.165 into a incorporate the date by which the vessel period for companies that choose either new § 137.200 to delineate the processes must obtain a COI and thereby limit the the Coast Guard or TSMS compliance under the Coast Guard inspection statement that the vessel may not option. As we stated in the NPRM, it option from the TSMS option processes operate without having a valid COI will be up to six years before some in part 137. The proposed part 137 had onboard to the period after that date. vessels subject to subchapter M will laid out the TSMS procedures but was Based on this review, we deleted need to obtain a COI. However, we do silent on the Coast Guard option. proposed § 136.225, because it was not agree that we need to add a Further, we redesignated and amended redundant with § 136.200(c). provision to extend the schedules more proposed § 136.170 as new § 136.202. A commenter observed that than we have done already in this final A commenter requested an appeal companies choosing the Coast Guard rule. We believe that there will be process to permit the immediate review inspection option should not be given a sufficient TPOs available within the of an inspector’s determinations. longer period of time to obtain a COI new prescribed timeframes to conduct The Coast Guard notes that, as we than companies choosing the TSMS subchapter M audits and surveys. proposed, the appeals process is option. Similarly, the Coast Guard is preparing described in § 136.180. Further, this The Coast Guard agrees. We have to have enough inspectors available to final rule contains amendments to 46 amended, redesignated, and retitled the meet the demand for Coast Guard CFR part 1 that institutes a process for proposed § 136.170, Compliance for the inspections within the new prescribed appealing the decisions of TPOs acting Coast Guard option, as § 136.202, time frames. on behalf of the Coast Guard. Certificate of Inspection phase-in A maritime company offered a phase- period. This section now specifies when in timeline that depends on separate Requirements for Existing Vessels COIs are required for towing vessels certificates for a company and their During Delayed Implementation subject to subchapter M regardless of vessels. The commenter suggested that In response to comments regarding the option selected. Also, we removed within 2 years of the rule’s effective date the cost of requirements in parts 140 § 136.203 because it is no longer needed a third-party would conduct an external through 144, and concern about being given our amendment to what is now management audit of a company and able to meet those requirements soon § 136.202. issue a Towing Company Safety after the rule is make effective, we We received several comments on the Management System Certificate. Then delayed implementation of nearly all phase-in process in proposed § 136.203, during the following year, a third party requirements in parts 140 through 144 Compliance for the TSMS option. would conduct external vessel audits of until July 20, 2018. We made the rule Several commenters suggested that the 25 percent of company’s fleet and issue effective July 20, 2016 so that the Coast requirements for a TSMS and inspection each vessel a Towing Vessel Safety Guard can begin to apply other requirement be phased in to allow for Management System Certificate. Similar subchapter M regulations to review the industry to understand the new steps would be taken in subsequent applications from those seeking to requirements and identify any specific years until in the sixth year, when all become TPOs and to impose deadlines waivers that may be needed. One vessels would have to obtain COIs. for towing vessels to decide which commenter favored making sure there is As we noted in response to another option to choose—TSMS or Coast Guard about the same amount of work to be comment, we disagree with the annual inspections. We added § 136.172 done in each of the 5 years that make suggestion that two certificates should to ensure that we do not leave a gap up an inspection cycle. Another be issued instead of one TSMS after the rule becomes effective but commenter recommended a provision to certificate. We therefore decline to before most requirements in parts 140 extend the schedules in the event of a adopt a schedule based on the issuance through 144 are implemented. shortage of approved auditors or of separate certificates for a company Section 136.172 requires existing inspectors. A professional maritime and the company’s vessels. towing vessels that will be subject to association suggested that a phase-in In a submission to the docket, the subchapter M to remain subject to Coast approach will assist in the transition for National Transportation Safety Board Guard regulations applicable to the vessel operators and auditors and requested the prompt publication of the vessel on July 19, 2016 until the earlier reduce the strain on shipyards as they final rule to avoid any further delay in of two dates: July 20, 2018 or the date manage extensive drydocking that will regulating the safety of this largely the vessel obtains a COI. occur while vessels await their unregulated sector of the commercial inspections. maritime industry. The same Subpart B Certificate of Inspection The Coast Guard generally agrees with commenter felt that the proposed 6-year We received a comment on proposed these concerns. As discussed in implementation period should be § 136.200(d) urging that provisions from response to an earlier comment, the shortened. Marine Safety Manual Volume II, Coast Guard has amended the We received a comment from a towing Section B, Chapter I, referencing 46 requirements in proposed § 136.170 to company suggesting that a shorter U.S.C. 3314 and completing a foreign set the same timetable for obtaining a compliance period be applied to those voyage, should be added to the rule. COI regardless of which option the operators who have not previously As reflected in § 136.200(d), towing vessel owner or managing operator participated in the Uninspected Towing vessels issued a COI under subchapter selects, and we have removed § 136.203, Vessel Bridging Program. The same M are fully afforded the foreign-voyage- which had a separate timetable for those commenter expressed the importance of completion provisions of 46 U.S.C. selecting the TSMS option. The phased consistent application of the final rule 3314, Expiration of Certificate of approach in § 136.202 distributes the to all vessel operators. The commenter Inspection. We made no changes from work load over a 6-year period from the explained that by allowing some the proposed rule based on this effective date of this final rule. The operators to bypass the requirements comment, but on reviewing § 136.200, Coast Guard has crafted this rule to market rates will be affected, which will we decided to insert a reference to the phase in towing vessels over time for have a serious effect on small operators. COI phase-in period in proposed numerous reasons including spreading The Coast Guard concurs with the § 136.170 (now § 136.202) in paragraph costs and workload over time. Section desire to publish this rule promptly and,

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40022 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

in general, to apply it consistently to all Regardless of the inspection option towing vessels subject to subchapter M vessel operators subject to subchapter chosen, the owner or managing operator will be inspected at least once every 5 M. We have explained why certain must submit an application for years. Towing vessels choosing the requirements are only applicable to new inspection to the cognizant OCMI where TSMS option would be subject to towing vessels and why excepted the inspection will take place. As annual surveys between those vessels do not need to comply with specified in § 136.130(d), the inspections, while towing vessels certain requirements. We disagree with application should indicate which choosing the Coast Guard Inspection shortening the implementation period option the owner or managing operator option would be inspected annually. across the board or, specifically, for is selecting. See §§ 137.200, 137.205, and 137.210. those companies that did not participate We amended § 136.210 to make it A company expressed concern about in the Uninspected Towing Vessel clear how and when to apply for the whether the Coast Guard would have Bridging Program, because it was a initial COI. In our proposed § 136.140, resources to hire a sufficient number of voluntary program. We believe our we specified deadlines for renewing a competent vessel inspectors for implementation period is appropriate COI, but not those for obtaining the convenient scheduling for the company, for this rule, which establishes both a initial COI. Our amended § 136.210 including drydock scheduling. safety management system option identifies the application and The Coast Guard is prepared for the involving TPOs and new requirements scheduling deadlines for the initial COI estimated demand for annual inspection for more than 5,000 towing vessels. and reflects the same application and from owners and managing operators We received a few comments on scheduling lead times for renewing a selecting the Coast Guard annual- proposed § 136.205, which identifies COI: Submit the application at least 30 inspection option. The Coast Guard will what the COI will describe. One days before the vessel will undergo the closely monitor the demand for commenter noted that minimum initial inspection for certification, and inspections and make resource manning requirements in the COI, as schedule an inspection for the initial adjustments as necessary. However, required under this provision, should be certification with the cognizant OCMI at based on our reassessment of Coast allowed to be different for different least 3 months before the vessel is to Guard resources, we have removed the types of towing vessels. Another undergo the inspection for certification. option in proposed § 136.105(b) for commenter asked how ‘‘minimum Amended § 136.212 sets forth the vessels not covered by subchapter M to manning’’ is to be determined. Another process of receiving a Coast Guard request application of this part. commenter requested allowing for inspection at least once every 5 years Another company requested that the multiple minimum manning standards and for receiving a new COI after being Coast Guard do everything possible to inspected by the Coast Guard. depending on the route. A commenter ensure that Coast Guard inspections and suggested that this rulemaking should We received one comment third-party audits or load line surveys clarify the number of required recommending that the last line of are coordinated to prevent an undue crewmembers and allow the towing proposed § 136.145(b), now burden on industry. vessel to be operated by a single redesignated as § 136.212(b), which The Coast Guard agrees there are crewmember in certain circumstances. describes the nature of inspections, Existing laws and regulations specify should specify that inspection of the benefits to coordinating audits, surveys, minimum levels of manning for towing vessel’s pollution prevention systems and inspections, and will attempt to do vessels. As stated in § 140.205, manning and procedures should be in accordance so. However, there may be times when regulations are contained in part 15 of with any Memorandum of coordination is not possible due to this chapter and vessels must be Understanding (MOU) between the scheduling and operational constraints. manned in accordance with the case Coast Guard and the Environmental An association asked that the specific requirements included in the Protection Agency. Streamlined Inspection Program be COI. As stated in 46 CFR 15.705, the The Coast Guard disagrees with this added as an alternative inspection minimum safe manning levels specified recommendation because we do not process. in a vessel’s COI take into consideration view the proposed amendment as either The Streamlined Inspection Program, routine maintenance requirements and necessary or desirable. We believe that available under 46 CFR part 8, is an the ability of the crew to perform all the current language that the ‘‘inspector available option to obtain a renewal of operational evolutions, including will also examine the vessel’s pollution a COI. If using that option, the owner or emergencies, as well as those functions prevention systems and procedures’’ is managing operator must comply with which may be assigned to persons in appropriate. An inspection involves an the procedures identified in part 8. We watches. The OCMI is empowered to examination of a vessel to determine do not need to add text to subchapter M establish a level of manning for a vessel whether it is in compliance with for this part 8 option to be available to above the minimum levels prescribed by applicable regulations or other legal vessels subject to subchapter M. law and regulation, based on the authorities. There are existing pollution An individual suggested we eliminate vessel’s nature of operations and other prevention regulations that would the term ‘‘uninspected towing vessel,’’ parameters, including route. pertain to inspected towing vessels that because towing vessels might not be One individual was unclear about are not covered by any Coast Guard inspected currently for structural whether proposed § 136.140 applied to MOU with the EPA. We have not made construction, but are regulated and are those who have an approved TSMS, as any changes in this final rule based on subject to Coast Guard rules for daily well as those who choose the Coast this comment. operation. Guard inspection option. One company An individual and a company The Coast Guard agrees that all asked for clarification of the sequence of requested clarification of the inspection towing vessels are regulated by the events for COI issuance. frequency in proposed § 136.145. Two Coast Guard to some extent but are not As noted above, our proposed companies suggested that frequency and necessarily inspected. We have chosen § 136.140, Application for a Certificate level of inspection should be to continue to identify those towing of Inspection (COI), is incorporated into accomplished on a risk basis. vessels not subject to subchapter M, and amended § 136.210 and applies to all In this final rule, § 136.145 was that are subject to subchapter C, as vessels subject to subchapter M. renamed § 136.212 and states that uninspected towing vessels.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40023

We received several comments on change or incremental changes made to uses to prevent the vessel from getting proposed § 136.210(b)(3)(i), which a vessel over time will affect a vessel’s underway if it is unsafe for it to do so. would require that an application for suitability for its route or service. We received one comment on initial certification include objective However, replacements in kind, as proposed § 136.230(a) noting that the evidence that the towing vessel’s defined in this subchapter, are not route endorsements on COIs issued to structure and stability comply with considered modifications. We have towing vessels should be consistent applicable requirements. Commenters made no changes from the proposed with the route designations on the COIs recommended that for existing towing rule based on these comments, but we of the tank barges being moved. vessels without a stability letter, an did clarify that a description of any The Coast Guard notes that routes on audit report noting that the towing modification is only necessary when barges and towing vessels are not vessel is being maintained and operated renewing the COI. interdependent. The towing vessel and in a manner that does not compromise With respect to proposed § 136.215, its tow is limited to the most restrictive its watertight integrity or stability which describes the period of validity of route of the towing vessel or any vessel should be sufficient to satisfy this a COI, we received two comments in the tow. The Coast Guard encourages requirement. Others contended that urging the Coast Guard to add language the company to match route-appropriate stability is not an issue on inland to the rule so that noncompliance with barges and towing vessels. However, we waterways, and that there should be no a TSMS would not immediately result made no changes from the proposed stability requirements for Western in the invalidation of the COI. rule based on this comment. Rivers towing vessels. The Coast Guard acknowledges that In reviewing § 136.235, which covers The Coast Guard has amended § 136.215 states that if the TSMS Certificate of Inspection amendments, § 136.210 to more clearly identify what certificate expires or is revoked, then we saw the need to distinguish the owner or managing operator needs the towing vessel’s COI becomes procedures for a vessel seeking a COI to provide the Coast Guard for both the invalid. Non-conformities or major non- amendment based on which option the Coast Guard and TSMS options with the conformities found during surveys or vessel selected. We amended § 136.235 application for inspection. Note that for audits do not automatically invalidate accordingly. We also added a provision the TSMS option the application must the TSMS or the COI. However, stating that the OCMI may need to now include objective evidence of deficiencies or non-conformities that are conduct an inspection before issuing an having a TSMS compliant with part 138 egregious could result in the OCMI amended COI. and that the vessel meets the removing the COI from the vessel. We received a comment on proposed requirements of this subchapter. Ultimately, the status of the COI is § 136.235, suggesting that the term Structural requirements for existing determined by the OCMI. Based on the ‘‘towing vessel’’ should replace ‘‘vessel’’ vessels are addressed in § 144.200. To extent of the deficiencies or non- in paragraphs (b) and (c)(2) of that satisfy that regulation, if a vessel is not conformities found during an section. This commenter also noted the built, equipped, and maintained to inspection, survey, or audit, the OCMI same edit and other editorial changes conform to the rules of a recognized has various opportunities to work with for various sections throughout the classification society appropriate for the the company to bring the vessel into proposed rule language. intended service and routes, the compliance without suspending or The Coast Guard disagrees that there applicant must provide evidence that revoking the TSMS certificate as is a need to change every use of the the vessel has been both in satisfactory specified in § 138.305. word ‘‘vessel’’ to ‘‘towing vessel’’ when service insofar as structural adequacy is Commenters noted that proposed we mean towing vessel. As with concerned and that the vessel does not § 136.220 would require the original § 136.235, where we initially use the cause its structure to be questioned by COI to be framed under glass and posted term ‘‘towing vessel,’’ and it is clear either the OCMI or TPO. Stability onboard the towing vessel. We received from the context that our use of the requirements for existing vessels are many comments noting that this word ‘‘vessel’’ refers to towing vessel, addressed in § 144.300 and under this requirement is outdated in this we do not see a need to repeat ‘‘towing provision, for those vessels without a electronic age. These commenters vessel.’’ We have been careful to always stability document, documentation of suggested that the provision should use ‘‘towing vessel’’ when referring to a operating history—for example through simply state that a current copy of the towing vessel in sections where we also audit reports—is one option to meet COI must be on the towing vessel and use the term ‘‘vessel’’ to mean § 144.300 requirements. available for inspection. Some of them something other than the towing The Coast Guard believes that added that the original COIs should be vessel—e.g., in our definition of stability is a concern on any vessel, kept in a central location. ‘‘bollard pull’’ in § 136.110. regardless of service or operating area. In paragraph (b) of § 136.220 we Proposed § 136.240 addresses Towing vessels must be maintained and provide the alternative of keeping the permission to proceed to another port operated so the stability of the vessel is COI readily available onboard in a for repairs. We received two comments not compromised. weathertight container. Our § 136.220 expressing support for the provision. Proposed § 136.210(b)(5) implements 46 U.S.C. 3312, which Another commenter suggested that the (redesignated as § 136.210(a)(2)(ii)) requires that the COI be displayed on vessel should be able to proceed for would require a description of any the vessel but allows for alternatives as repairs even if there is noncompliance modification to the vessel. Some we have provided in § 136.220(b). We with the COI. commenters suggested that the do consider an open boat as an example The Coast Guard notes that under provision should be limited to major or of when it is impracticable to post a § 136.240, an owner or managing substantial modifications to the design COI, but we removed this example from operator must notify the cognizant and construction of the towing vessel. the text of § 136.220(b) to place more OCMI in whose zone the non- The Coast Guard disagrees with these focus on the statutory language. We compliance occurs or is discovered suggestions. The Coast Guard needs to require the original COI to be on board, before the vessel proceeds and also must be aware of changes and modifications rather than a copy, because there is only notify any other OCMI zones through made to inspected vessels. We will use one original and removal of the COI which the vessel will transit, and that this information to determine if a single from the vessel is one means the OCMI the cognizant OCMI may require

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40024 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

inspection of the vessel by a Coast vessel is no longer in compliance with ‘‘excursion party’’; these individuals Guard Marine Inspector or examination its COI. Minor repairs that do not affect would be carried as ‘‘persons in by a surveyor from a TPO prior to the the safety of the vessel (including addition to crew’’ as permitted by the vessel proceeding. We clarified seaworthiness) or its machinery would COI. We also amended § 136.210 so that § 136.240(a), which we intended to most likely not be considered issues that it prompts owners and managing apply only to vessels with a TSMS, as would invalidate the COI, and therefore operators applying for an initial COI to the TSMS may address the necessary would not necessitate a Permit to include documentation on the number conditions under which the vessel may Proceed. We have made no changes of persons in addition to the crew they safely proceed to another port for repair. from the proposed rule based on this would like the OCMI to include in the Accordingly, we amended paragraph (a), comment. COI. made corresponding amendments to Proposed § 136.245 addresses permits We received one comment on the paragraph (b), and inserted headings for to engage in an excursion. We received proposed requirement in § 136.250 for all three paragraphs in § 136.240. a comment pointing out that a permit to load lines for vessels operating outside We received one comment that carry an excursion party is required the boundary line. The commenter recommended changing ‘‘another port’’ when the towing vessel carries more questioned how the requirement to ‘‘next port of call,’’ in § 136.240 and persons than allowed by the COI, but applied to the Great Lakes, in which confining the conditions requiring a under proposed § 136.205, a COI there are no boundary lines. Permit to Proceed to situations that indicates that minimum number of The Coast Guard notes that boundary affect safety or seaworthiness. Other persons, not the maximum. lines are identified in 46 CFR part 7 and commenters noted that the master, not The Coast Guard notes that § 136.205 that load line requirements for the Great does not reflect all the information the owner or managing operator, should Lakes are provided in 46 CFR part 45. contained on the COI. The COI is a be the person deciding if the trip for We edited § 136.250 to make it clearer document issued under 46 U.S.C. 3309 repairs can be completed safely. that it applies to all towing vessels on The Coast Guard disagrees with these that is in a form prescribed by the the Great Lakes, and also reorganized recommendations. The term ‘‘next port Commandant. Currently, it lists the § 136.250 into a table for greater clarity. of call’’ may be too restrictive and may minimum number of crew, those in undermine the authority of the OCMI or addition to crew, and the total persons G. Vessel Compliance (Part 137) the vessel’s master in determining allowed on board. We have amended We received numerous comments on where the vessel may safely proceed to our description of the COI in § 136.205 part 137, and we made several changes be repaired. Regarding the last to include ‘‘total persons allowed to the overall structure and content of comment, we do list ‘‘owner, managing onboard.’’ Separately, and upon this part. In subpart A we removed the operator, or master’’ when specifying reviewing proposed § 136.205 and a definitions section, as we have removed who must make a judgment that the trip similar description in 46 CFR 2.01–5, similar definition sections in other can be completed safely. We believe we amended § 136.205 to improve its § 140.210(b) addresses the commenter’s description of a COI’s listing of safety parts, because it simply noted that concerns by specifying that if the master equipment and appliances required to subchapter M definitions in § 136.110 believes it is unsafe for the vessel to be onboard. Also, in further reviewing apply to the part. We also deleted proceed, he or she must not proceed § 136.245 we saw the need to amend it proposed § 137.115 because the until it is safe to do so. We have made to include the case where a vessel substance of this provision is contained no changes from the proposed rule chooses the Coast Guard option or the in § 136.210. based on these comments. TSMS does not address excursion We received two comments on One commenter stated that in parties. proposed § 137.120, which describes § 136.240 it appears that a company Several commenters expressed the responsibilities for compliance. One must notify the OCMI any time a vessel opinion that having guests such as commenter supported the provision that must be moved to accomplish a repair vessel owners, service technicians, the owner and managing operator are not specifically addressed in the TSMS. auditors, trainers, or crew changes for responsible for ensuring compliance The commenter stated that to other vessels should not require a and suggested that when deficiencies completely comply it seems that all special permit. Other commenters and non-conformities are identified possibilities must be addressed in the opposed the proposed requirement to during vessel inspections and TSMS TSMS or the OCMI will be inundated give 48 hours’ notice to the OCMI audits and fines imposed against a with requests for a problem not because the need for an excursion party, company, those action letters should be involving seaworthiness. We do not such as customers or vendors on a addressed to the person described in believe the commenter’s towing vessel to see a particular § 137.120, thereby ensuring the person characterization is accurate. operation, will often arise at the top is fully aware of the vessel’s Companies using the TSMS have the spontaneously. One commenter was conditional status. opportunity to tailor their system to unclear where to obtain a permit. We The Coast Guard concurs that address conditions the company received a comment requesting the § 137.120 holds the owner and anticipates may occur that would cause addition of a provision to require the managing operator responsible for the vessel not to be in compliance and COI to identify the number of compliance with subchapter M and the necessary conditions under which crewmembers and persons in addition other applicable laws and regulations. It the vessel may safely proceed to another to crewmembers allowed onboard, also specifies that non-conformities and port for repair. Under § 136.240(b), if the taking into account overnight deficiencies must be corrected in a condition is not addressed in the TSMS, accommodations, lifesaving equipment, timely manner; we have deleted the the owner, managing operator, or master etc. stated purpose for this corrective action can request permission to proceed from The Coast Guard has added requirement because it was unnecessary the cognizant OCMI in whose zone the definitions for ‘‘excursion party’’ and regulatory text. We will consider the non-compliance occurs or is discovered. ‘‘persons in addition to the crew’’ in commenter’s suggestion for where to A Permit to Proceed would only be § 136.110. Vendors/customers carried send notification of non-compliance but needed when a repair is needed and the onboard would not constitute an see no need to change the regulations.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40025

Under § 137.130(c), we leave An individual disagreed with the A commenter asked us what discretion with the owner and operator Coast Guard’s proposed 5-year constitutes a ‘‘visit’’ as opposed to an to specify in the TSMS procedures for inspection for vessels under TSMS. The ‘‘inspection’’ or an ‘‘audit.’’ reporting and correcting non- commenter suggested that like vessels The Coast Guard may engage in visits conformities and deficiencies. We have under SOLAS, an annual verification to TPOs, as discussed in § 139.160, to reorganized § 137.130 to make it easier examination should be conducted. ensure compliance with this rule. The to read and understand the In the NPRM, we did state that at the Coast Guard notes that in the preamble requirements of the two programs for vessel level, towing vessels operating of the NPRM we stated that, as part of compliance under the TSMS option. under the TSMS option would receive our oversight of those organizations, we Another commenter requested that audits and surveys by a TPO, in would conduct random oversight visits standard forms be provided to assist addition to the Coast Guard conducting to the offices of TPOs that conduct small companies with compliance, and compliance examinations at least once TSMS audits and surveys. The Coast that the Coast Guard should provide every 5 years, along with additional Guard also clarifies the procedures for guidelines to OCMIs for simple random compliance checks based on such visits. The Coast Guard will inspections of towing vessels operated risk (76 FR 49978, Aug. 11, 2011). While provide notice to the employer 48 hours by companies too small to have staff some vessels operating under a TSMS in advance of any site visit, unless the dedicated to regulatory compliance, and may be inspected by the Coast Guard visit is in response to a complaint or that the Coast Guard should provide once a year, we do not feel that annual other evidence of regulatory non- standard forms similar to U.S. Army Coast Guard inspections are necessary compliance (see § 139.160). In response Corps of Engineers usage reports which given the audit and survey requirements to an earlier comment above, we have can be submitted to the local sector for vessels with a TSMS, along with our discussed the distinction between OCMI. oversight of that system. inspections and audits. We have made Regarding the second commenter, the We received three comments no changes from the proposed rule Coast Guard does not plan to prepare a objecting to the term ‘‘seaworthiness’’ based on this comment. One commenter expressed the specific form, but we have prepared a proposed in § 136.150(a)(4), which we opinion that annual and periodic Coast Small Entities Guide (available in the have reorganized into § 137.200. They Guard inspections under proposed docket) for this final rule and we do noted that the appropriate term, § 136.150 would overly tax the system plan to provide guidance to OCMIs on especially for Western River towing and not effectively utilize Coast Guard implementing this rule. We will develop vessels that don’t go to sea, is ‘‘fit for the inspection talent. where necessary and appropriate service for which it was intended’’ or On page 32 of our Preliminary inspection and compliance checklists, ‘‘suitable for its intended route.’’ A Regulatory Analysis and Initial job aids, and guides for our OCMIs and commenter noted that proposed Regulatory Flexibility Analysis (USCG– make them available to the public. We § 136.150(a)(2) (now § 137.200(b)) 2006–24412–0002) we assumed that made no changes from the proposed would require a more detailed 1,340 towing vessels from small rule based on these comments. inspection if an inspector finds companies with fleets of five or fewer We removed § 137.125 because it deficiencies or determines a major vessels would select the Coast Guard simply states that if a TSMS is change has occurred, and recommended annual-inspection option. Based on the applicable to the vessel it must have we set up boundaries on the open-ended many comments submitted about the provisions for compliance with part term ‘‘deficiencies,’’ such as benefits of a TSMS, we still anticipate 137. Section 137.125 is unnecessary ‘‘deficiencies of sufficient number or that many owners and operators of because part 138 addresses what the severity,’’ and that we delete the ‘‘major towing vessels, particularly those from TSMS must cover regarding all change’’ provision. companies with large fleets, will select subchapter M requirements. The Coast Guard partially agrees with the TSMS option. The Coast Guard will The new structure of this part, these recommendations. We consider closely monitor the demand for specifically in subparts B and C, ‘‘seaworthiness’’ to be an appropriate inspections and will make resource presents together the discussion of term for considering the condition of the adjustments as necessary. inspections and surveys conducted vessel and note that the term is used in With respect to the periodic survey under the both Coast Guard and TSMS the Riverman’s Lexicon (Lehman), a provision in proposed § 137.205, we options. As mentioned in the previous noted publication specific to the received one comment favoring an audit section of the preamble, we moved the Western Rivers. However, we have by a third party every 3 years rather discussion of inspections under the added a reference to fitness for route than every year. Coast Guard option from proposed and/or service to further clarify the The Coast Guard disagrees with this §§ 136.150 and 136.165 into subpart B intent in the paragraphs where we use recommendation. We believe that 3-year of this part. We also added a Coast the term ‘‘seaworthiness’’: intervals would allow unsafe conditions Guard option section in subpart C of §§ 137.200(d), 137.300(b), and and other problems to go undetected for this part. In subpart C, we rearranged 137.335(a)(1). too long. The annual compliance the order to place the discussion of We define the term ‘‘deficiency’’ in activities are consistent with other drydock intervals first and then describe § 136.110 to mean ‘‘a failure to meet classes of inspected vessels including the Coast Guard and TSMS options. In minimum requirements of the vessel those that implement other safety response to comments we changed the inspection laws or regulations,’’ and we management systems. To clarify when term ‘‘periodic survey’’ to ‘‘external do consider it appropriate to call for a the annual survey under § 137.205 must survey program’’ and the term ‘‘audit more detailed inspection if deficiencies be conducted, we amended § 136.110 by program’’ to ‘‘internal survey program’’ or a major change to the vessel are adding a definition of ‘‘anniversary throughout the rule, including in the found. A major change would include a date’’ tied to the expiration date of the headings for §§ 137.205 and 137.210. major conversion but would also COI or TSMS certificate and we We also defined these terms in capture other changes such as changes amended § 137.205(a)(3) by referring to § 136.110 and added a reference to them that may affect the operational safety of the COI’s anniversary date. We also in § 137.130. the vessel or fitness for route or service. amended other sections that referenced

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40026 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

anniversary issuance date to read procedures for assigning personnel to Coast Guard has established ‘‘anniversary date.’’ conduct surveys. requirements for auditors to ensure the We received one comment asking We received several additional competency of auditors in TPOs at 46 whether participation in an ISM comments on the provisions in CFR 139.125 and 139.130. The Coast program and issuance of a vessel’s proposed § 137.210. A few commenters Guard retains oversight and Safety Management certificate would suggested that ‘‘audit program’’ should administrative control of TPOs and meet the requirements in proposed be changed to ‘‘program of continuous through them, their auditors. See 46 § 137.210, which is now titled Internal assessment’’ and that the requirement in CFR 139.135, 139.145, 139.150, and survey program. Section 138.225 clearly proposed paragraph (b) for timing of the 139.160. We do not see the need for an states that ISM Code compliance meets surveys should provide that surveys additional level of review of their work. the safety management requirements in may be conducted within 3 months of We developed these rules in this subchapter. To clarify our reference the anniversary date of the previous coordination and consultation with in § 138.225 to such vessels being survey. TSAC, a Federal Advisory Committee deemed in compliance with ‘‘these’’ Section 137.210(b) specifies that the whose members are appointed by the requirements, we amended § 138.225(a) interval between successive surveys of Secretary of Homeland Security to in this final rule to replace ‘‘these any item must not exceed 1 year. The advise, consult with, and make requirements’’ with ‘‘TSMS-related words ‘‘unless otherwise prescribed’’ at recommendations to the Secretary on requirements in this subchapter.’’ This the end of that paragraph modify the matters relating to shallow-draft inland clarifying edit is consistent with our reference to not being required to survey and coastal waterway navigation and statement in the NPRM preamble that items as one event. The internal survey towing safety. Further, OCMIs work the Coast Guard is proposing to accept program allows the owner or managing with Harbor Operations Committees and compliance with the ISM Code, an operator to assess the required items conduct regular meetings with port internationally mandated safety through a series of surveys, resulting in stakeholders and other industry management system for vessels subject maximum flexibility in conducting representatives at the Sector level to to the SOLAS, as satisfying TSMS- vessel operations while fulfilling discuss maritime issues, including those related requirements. We implemented regulatory requirements. We want to related to towing vessels. We made no the ISM Code through regulations in 33 preserve the flexibility afforded to the changes from the proposed rule based CFR part 96 and view the processes and owner or managing operator that was on this comment, but we did clarify the procedures in place for compliance with intended by the continuous survey reference to a ‘‘change in ownership’’ in the ISM Code as sufficient to ensure that aspect of the internal survey program, proposed § 139.125(c)(4) (now towing vessels comply with TSMS- and view the 1-year-from-successive- § 139.125(d)(4)) that would cause an related requirements in subchapter M. survey requirement as the best means of approval for a TPO to expire by This commenter also stated that assuring that required surveys under inserting the words ‘‘as defined in proposed paragraph (e) of § 137.210 this flexible system are conducted. § 136.110’’ after the term. appeared to indicate the audit can be Therefore, we did not adopt the One commenter expressed concern conducted by the operating company commenter’s suggestion to amend about a lack of qualification since the OCMI may require the § 137.210 to require that surveys be requirements for the individual doing attendance of an approved third party. conducted within 3 months of the the surveys under the § 137.210 internal He asks if our intent is to allow the anniversary date of the previous survey. survey program, beyond those written operator to conduct these audits in lieu One commenter recommended that into the TSMS. He recommended that of periodic (annual) audits by a third proposed § 137.210(a)(3) on the rule require the individual party. identification of items that need repairs conducting surveys under § 137.210 to Yes, it was our intent, which is should allow for the issuance of Form have comparable qualifications to the reflected in this final rule, to allow CG–835 deficiency tickets. third-party surveyor. operators to conduct some surveys and The Coast Guard agrees that the list of The Coast Guard has amended audits. We believe the commenter items for inspection and repair should § 137.210 by adding paragraph (a)(8) meant to reference paragraph (e) of include any existing deficiencies listed requiring that the TSMS contain § 137.215. Section 137.215 deals with by the Coast Guard on Form CG–835, procedures for assigning personnel to conducting surveys and its paragraph (e) Notice of Merchant Marine Inspection conduct surveys. As suggested by the states that the OCMI may require the Requirements. We have amended commenter, under § 138.220(c)(1) attendance of an approved third party § 137.210(a)(3) accordingly, and also survey requirements must be specified ‘‘to assist with verifying compliance added these related items: noted survey in the TSMS. We have amended with this part.’’ We deleted § 137.210(c) deficiencies, non-conformities, and § 138.220(c)(1) to make it clear that the to remove the requirement that a towing other corrective action reports. TSMS must list the minimum vessel must successfully complete an Noting actions listed in proposed qualifications of a surveyor if the initial audit by a TPO before it may be § 137.210(d) (now § 137.212), which surveyor is not from a TPO. We also placed into an internal survey program. explains the OCMI’s authority to require removed § 138.220(c)(3) and (e) because Section 137.210 contains the provisions audits, surveys, and removal from the their proposed requirements are covered that allow for owners and managing TSMS option, one commenter called for in elsewhere in § 138.220. operators to conduct annual surveys the Coast Guard to establish and use an We received two comments on under the internal survey program. For industry advisory committee for each proposed § 137.215, which describes the the purposes of auditing under the OCMI to advise him or her based on general conduct of a survey. One TSMS option, there is also an internal impartial industry knowledge. Another commenter noted that proposed audit program described in part 138 that commenter recommended peer review paragraph (b)(3) would require allows the owner or managing operator to verify the quality of work performed observation of drills and training, but to conduct annual internal management by auditors. periodic surveys are typically performed audits. We note that we have amended The Coast Guard disagrees with the while the towing vessel is in drydock or § 137.210 by adding paragraph (a)(8) suggestion that we establish and use an on a railway, and crews are generally requiring that the TSMS contain advisory committee for each OCMI. The not on board.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40027

The Coast Guard disagrees with the As discussed in § 137.330(b), fuel towing vessel has one installed, and commenter’s premise that periodic tanks need not be cleaned out and have defined rescue boat as described surveys under this subchapter will take internally examined if the general earlier in this preamble. place in a dry dock. At least portions of condition of the tanks is determined to One commenter objected to a surveys under § 137.215 will require be satisfactory by external examinations. § 137.220(g) requirement for towing that the vessel is dockside or underway While the Coast Guard does not agree vessels to conduct a man-overboard to complete adequate operational that crew competency can be verified by drill, simulated under emergency assessment of equipment contained in just reviewing records of required conditions. The commenter noted that the scope of § 137.220. training and drills, we have removed the towing vessels on the Great Lakes However, the Coast Guard agrees with requirement for witnessing drills from should not have to comply with the commenter that a surveyor would the survey portion of the rule and have standards not applied to ‘‘self-propelled not traditionally be expected to observe moved it to the audit requirements in lakers’’, that is, other self-propelled the performance of a drill by the crew. §§ 138.405 and 138.410. Any watertight vessels, on the Great Lakes. We have amended § 137.215 to reflect fittings that crews rely on for watertight The Coast Guard disagrees and did that the surveyor would focus on the integrity and vessel safety should be not make a change from the proposed vessel’s structural, electrical, and operational and subject to survey. rule based on this comment. We seek to mechanical systems, and equipment, One commenter noted that § 137.220 promote safe vessel operations for all including those used in drills—for should be amended to clarify that a towing vessels and we have casualty example, davits, cranes, pumps, and topside exam can be conducted in data that indicates that falls overboard lifesaving equipment. These functions segments and need not be done as a is one of the main contributing factors could be performed while in drydock or discrete event. to crew member fatalities in this without the crew present. It is the Section 137.220 describes the scope of industry. As detailed in § 136.105, the auditor who will focus on the the survey which would apply under Coast Guard has provided a number of operational performance of the crew to either the § 137.205 or § 137.210 exceptions for towing vessels based on assess the competency in the program. For those choosing the the known risks involved in their performance of the assigned roles. For § 137.210 internal survey program to specific operation. The Coast Guard has such an audit, the crew must be present demonstrate vessel compliance, the declined to provide blanket exemptions and the vessel must be ready to Coast Guard makes it clear in for entire operating areas such as lakes, demonstrate the performance upon § 137.210(b) that the owner or managing bays and sounds, rivers, or as the request. The Coast Guard has amended operator is not required to survey the commenter suggests, the Great Lakes. §§ 138.405(d) and 138.410(c), conduct of items as described in § 137.220 as one The Coast Guard has evaluated the internal and external audits, assigning event, but may survey items on a hazards of towing vessel operations in auditors the responsibility to witness schedule over time, provided that the each of these particular areas and drills. interval between successive surveys of determined that the application of these Another commenter requested a any item does not exceed 1 year, unless regulations to certain towing vessel change to proposed paragraph otherwise prescribed. The Coast Guard operations in each of these areas would § 137.215(c) which he felt created an believes that § 137.210(b) provides clear improve safety to life, property and the unnecessary loophole. He recommended guidance that an owner or managing environment. deleting it or revising it to read: ‘‘While operator of a towing vessel may select In addition, noting the language all the items listed in § 137.200 must be to have surveys done during multiple currently in 33 CFR 164.01(b) and the surveyed for all vessels regardless of events. In contrast, the § 137.205 ‘‘33 CFR part 164, if applicable’’ their condition, vessels and equipment external survey program calls for one language in proposed § 137.220(j)(5), a found to be in poor condition may be event, an annual survey, and not commenter raised concerns about required to undergo more stringent successive surveys to survey the items determining when and whether a given examinations in order to satisfy the described in § 137.220. The Coast Guard towing vessel is subject to 33 CFR part attending surveyor.’’ has not made any changes from the 164 navigation safety regulations. The Coast Guard agrees that proposed rule in response to this We did not propose to amend 33 CFR § 137.215(c) should be amended to comment. part 164, and neither § 164.01 nor other address this concern. We added Another commenter recommended sections in that part use ‘‘inspected’’ or language to § 137.215(c) to ensure that that we eliminate the term ‘‘rescue boat’’ ‘‘uninspected’’ as criteria for survey standards in § 137.215 are met from the rule, which we used in applicability, so this rule does not alter and to require an expanded examination proposed § 137.220(g)(6) when the applicability of 33 CFR part 164 for by the surveyor when he or she finds identifying the scope of items to be towing vessels. To see what multiple deficiencies indicative of examined and also in crew safety requirements in 33 CFR part 164 may systematic failures. Regarding the items regulations in part 140 of the NPRM. He apply to a given towing vessel, one to be surveyed, § 137.215(b) clearly notes this change would avoid needs to review all of § 164.01, not just states that the survey must address all confusion between the terms ‘‘skiff,’’ paragraph (b) which is focused on items in § 137.220. ‘‘survival craft,’’ and ‘‘rescue boat.’’ towing vessels. For example, § 164.01(d) We received several comments on the The Coast Guard agrees that the use points to automatic identification scope of surveys in proposed § 137.220. of the term ‘‘rescue boat’’ in this rule system requirements without reference Some of the commenters focused on could cause confusion. We did not to type of vessel. We made no changes three requested changes: Clarification propose that subchapter M require from the proposed rule based on this that gas-freeing prior to entry into towing vessels to carry rescue boats, so comment. confined spaces, such as fuel tanks, is to avoid confusion, we have removed We received two comments on not required; allowing verification of the references to rescue boats in proposed § 137.300, a section on drills to be done using a review of §§ 137.220 and 140.405. We did, documenting compliance with drydock documentation; and limiting the however, leave instruction and drill and internal structural surveys inspection of watertight doors to those requirements in § 140.420(d)(4) for requirements. One of these commenters that were required to be installed. launching and using a rescue boat if a referenced § 136.130(d) in combination

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40028 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

with § 137.300 when requesting we moved requirements for examination requirements in this final clarification about the scope and documenting compliance with load line rule are consistent with the frequency of such surveys. Both and other requirements in this subpart requirements for other vessels subject to § 136.130(d) and redesignated to § 137.305 for vessels choosing the inspection, and we see no reason to § 137.300(a) make it clear that the TSMS option and to § 137.302 for believe this frequency of drydocking frequency does not change based on vessels choosing the Coast Guard would need to be increased for towing which option is chosen to obtain a COI. inspection option. We recognize that 46 vessels. The Coast Guard will monitor Further, we amended § 137.300(a) to CFR 42.03–5(b)(1)(v) in subchapter E the inspected fleet to see if increased clearly indicate that the drydock and excepts vessels that operate exclusively frequency is called for in the future. As internal structural intervals start after on inland waters and that do not engage discussed earlier, proposed § 137.305 the issuance of the initial COI. in coastwise or Great Lakes voyages has been redesignated as § 137.300 in Paragraphs (a)(1) and (2) of § 137.300 from load line requirements. However, this final rule. clearly state the intervals for drydock § 137.305(c) and amended § 137.320 Some commenters thought the and internal structural surveys. Finally, make clear that the load line provision provision of proposed § 137.305 should we established separate sections for is only relevant for towing vessels be amended to ensure vessels operating vessels using the TSMS option subject to subchapter E load line on the Great Lakes may receive a 1-year (§ 137.305) and those using the Coast requirements. Similarly, the provisions extension on the required interval for Guard inspection option (§ 137.302) to in new § 137.322 for vessels currently drydocking and interval structural document compliance with drydock and classed by a recognized classification examinations as provided under load internal structural survey requirements. society whose applicable rules have line provisions in 46 CFR subpart 42.09 Regarding the scope of drydock and been accepted by the Coast Guard, are and current Coast Guard policy. internal structural surveys, whether a only relevant to vessels so classed. The Coast Guard disagrees that vessel provides objective evidence using Redesignated § 137.305 clarifies that modification to our applicable text, now the external survey option under objective evidence is needed to found in § 137.300, is needed. The § 137.310 or the internal survey option demonstrate that a vessel utilizing the extension of a Great Lakes Load Line under § 137.315 requirements (see these TSMS option complies with the certificate by the Ninth District options referenced in redesignated drydock and internal structural Commander is addressed in 46 CFR § 137.305(a) and (b)), the scope of the examination requirements of this 42.07–45(d)(2). Existing Coast Guard survey is clearly laid out in § 137.330. subpart. Paragraph (c) points to policy, found in the Marine Safety Also, § 137.325 contains a §§ 137.320 and 137.322. We amended Manual, Volume II, provides additional comprehensive inventory of items to be § 137.320 to make clear that an guidance to the Coast Guard and reviewed during the examination. The examination performed to maintain a industry regarding extensions of Coast Guard believes that the numerous valid load line certificate issued in drydock and internal structural items identified in § 137.325, in accordance with subchapter E would examinations for Great Lakes vessels. addition to the supporting § 137.330, count as an examination required under The Ninth District Commander is also provide sufficient information to § 137.300. Also, new § 137.322 allows the approving authority for drydock address the commenter’s concerns. As for the same consideration in the case of extensions for these vessels, including noted above, redesignated § 137.300 a drydock and internal structural towing vessels operating on the Great makes clear that regardless of the option examination performed to maintain chosen to obtain a Certificate of class by a recognized classification Lakes. While the same entity can issue Inspection, each towing vessel must society whose applicable rules the Coast both of these extensions, the load line undergo a drydock and internal Guard has accepted. In the case of those certificate and the vessel’s Certificate of structural examination at the prescribed vessels required to conduct two drydock Inspection must both be annotated with intervals after the issuance of the initial and internal structural examinations in the new due date for the vessel’s COI. Accordingly, we have amended the accordance with § 137.300(a)(1), the drydock and internal structural § 137.325 heading so that it no longer allowance under either § 137.320 or examination. We made no changes from references just surveys for the TSMS § 137.322 only counts for one of the the proposed rule based on this option. Throughout amended subpart C required examinations. comment. of part 137 we have changed the term We received several diverse Some commenters noted that a ‘‘survey’’ to ‘‘examination’’ when comments on proposed § 137.305, definition for ‘‘saltwater’’ is needed if referring to the drydock and internal which specifies intervals for drydock the times of operation in ‘‘saltwater’’ is structural examinations. and internal structural surveys. One a factor in determining intervals for A person commenting on proposed commenter observed that towing vessels inspections. § 137.300(c), which called for objective operate in an environment that requires The Coast Guard did not add a evidence of compliance with certain them to be in contact with barges and definition for the term ‘‘saltwater’’ in load line requirements in subchapter E, vessels, and that this contact puts the rule. The Marine Safety Manual, noted that load lines are not applicable unusual stresses to the hull. Based on Volume II, places the responsibility of to inland towing vessels. We agree that this observation the commenter determining salt water and fresh water load lines are not applicable for suggested that the survey intervals dry-docking and internal structural situations where the inland towing called for in proposed § 137.305(a)(2), inspection intervals on the OCMI. If vessel never operates on the Great Lakes redesignated § 137.300(a)(2), for vessels fresh water intervals are determined or outside the Boundary Lines. But not exposed to salt water often should appropriate for a specific vessel, the under § 136.250, the load line be the same as those with more OCMI will annotate the fresh water requirement in subchapter E would saltwater exposure—at least twice every service intervals on the vessel’s COI and apply to certain towing vessels 79 feet 5 years and not more than 36 months evaluate that determination or more in length that normally operate between drydockings—instead of just periodically. OCMIs maintain lists of on inland waters but that sometimes once every 5 years. boundary lines where fresh water ends, operate on the Great Lakes or outside The Coast Guard disagrees. The and salt water begins, within their the Boundary Lines. In this final rule, drydock and internal structural particular zones.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40029

A commenter expressed concern costs, that is, 10 percent of vessels will the term ‘‘free of’’ and have further about the cost of the requirements. He incur this cost for drydocking. As a rearranged the paragraph so that the wrote that proposed § 137.305 would result, we modify the average cost to standard for evaluating the listed items impose enormous cost on small reflect the upper 10th percentile cost of detected in the hull and related businesses, and that his company’s $40,000, for a weighted average cost of structure and components is whether vessels that operate in the Southeast in $13,250. As per the regulatory they ‘‘adversely affect the vessel’s a saltwater environment would have to requirements, vessels that are not seaworthiness or fitness or suitability be drydocked twice every 5 years at an currently covered by a safety for its route or service’’ instead of estimated cost of about $40,000 for each management system are assumed to ‘‘reducing effectiveness.’’ Also, in drydocking evolution for one vessel, or incur this cost once every 5 years for § 137.325(a), we changed ‘‘determine $80,000 per vessel every 5 years. freshwater vessels and twice every 5 that’’ to ‘‘determine whether’’ to better Another commenter suggested that years for saltwater vessels.3 For a more reflect the purpose of the survey: To § 137.305, requiring drydocking of detailed discussion of the costs, see determine if standards are met. In saltwater vessels twice every 5 years, section 3.3 of the Regulatory Analysis response to the second comment, the would cost his company at least which is available in the docket. Coast Guard amended § 137.335 by $100,000 to $150,000 per vessel. We received a few comments on removing the word ‘‘appreciable’’ to The drydock and internal structural proposed § 137.315. Some commenters provide a more consistent standard with examination requirements in this final were unclear whether the requirement that of § 137.325(a), and by reorganizing rule are consistent with the of notification prior to commencing the section to better clarify its intent. requirements for other vessels subject to work at the drydock refers to any Two commenters expressed general inspection and necessary to meet the drydock work or only those drydock opposition to the proposed statutory requirements for vessel visits that are required by the TSMS. requirements and scope for regular inspections. We have made no changes In response, we amended § 137.315(d) mandatory drydock examinations. One from the proposed rule based on this to clarify when to notify the Coast commenter stated that harbor service comment. Guard under paragraph (d) and TPOs boats are already being retired on a With regard to the cost of drydocking, under paragraph (b) of activities related regular basis when their structural after publication of the NPRM, the Coast to credit drydocking or internal usefulness is at an end, and therefore Guard sponsored a study of standard structural examinations. mandatory structural inspections are not marine engineering services for use in A few commenters asked that warranted. The commenter also noted regulatory analyses, titled ‘‘Study of § 137.315 be modified to clarify that the the cost of additional boats to fill the Marine Engineering and Naval items described in § 137.330 need not be service void when these boats are in Architecture Costs for Use in Regulatory examined as one event, but may be transit to a certified inspection drydock Analyses’’ by ABS Consulting, available examined on a schedule over time. and when undergoing a drydock on the docket. According to the Section 137.315(c) states that ‘‘The inspection. Another commenter was Engineering Cost Study, cost of interval between examinations of each specifically concerned that proposed drydocking can vary based on a variety item may not exceed the applicable § 137.330 was vague regarding pulling of factors, including vessel size, vessel interval described in § 137.300.’’ The the tail shafts for inspection. weight, equipment, type of work, Coast Guard believes the words Because of the nature of towing, the operating environment and location of ‘‘examinations of each item’’ provides hulls of towing vessels are exposed to the drydock.2 The Engineering Cost clear guidance that an owner or the unique hazards that result in Study summarizes the minimum, managing operator of a towing vessel degradation and damage to the towing average and maximum costs of may select to survey different items vessel in the normal course of operation. drydocking for various vessel types in described in § 137.330 during multiple For this reason, regular drydocking of a Table 6–9, page 32. The Engineering events, and the remainder of towing vessel to inspect its underwater Cost Study does not report a separate § 137.315(c) makes clear that the areas is a necessary component of cost category for towing vessels. The interval for surveys of a given item must assessing and verifying fitness for Coast Guard uses the costs for smaller not exceed the applicable interval service. We note, however, that as Freight Ships and Industry Vessels as a described in § 137.300. proposed in the NPRM, § 137.335 in this proxy for towing vessels based on Several commenters argued that final rule identifies situations where it similar size and operating proposed paragraph (a) of § 137.325, may be acceptable to conduct an characteristics. Based on the requiring a surveyor to determine that underwater survey in lieu of a Engineering Cost Study, the minimum the hull and related structure and drydocking. cost for a drydocking of a towing or components are free of defects or The Coast Guard notes that scope of similar vessel is $2,000, the maximum deterioration, would be too difficult to drydock examination required by is $20,000 and the average is $9,250. We meet. One commenter suggested § 137.330 is the same for both seagoing consider the $9,250 as the best available language we used in proposed and inland service. The Coast Guard estimate for the average cost of § 137.335(c)(3) regarding underwater believes § 137.330 clearly lays out the drydocking. We acknowledge that the inspections—‘‘free from appreciable scope of the required drydock $40,000 estimate provided by the defects and deterioration’’—stating that examination for all towing vessels commenter is feasible given the it does not make sense to require a subject to subchapter M. Our proposed variability of factors, such as size and higher standard for a vessel on drydock definition of ‘‘drydock’’ in § 136.110 location. To account for the variability, than one being inspected in the water. actually defines a drydock examination we assume that the $40,000 cost is at the The Coast Guard agrees with the (as opposed to the physical dock) and 90th percentile of the distribution of commenters with respect to the term matches the definitions of that term in ‘‘free of defects [and] deterioration.’’ We subchapters K and T, so we amended 2 Source: ABS Consulting for the U.S. Coast have amended § 137.325(a), to remove the term being defined to ‘‘drydock Guard, Study of Marine Engineering and Naval Architecture Costs for Use in Regulatory Analyses, examination.’’ March 29, 2013, Contract GS–23F–0207L2714803, 3 Vessels currently covered by an SMS already are Regarding examination of tail shafts, page 30. required to undergo drydocking at similar intervals. the Coast Guard proposed

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40030 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

§ 137.330(a)(2) to permit the surveyor or and provide employment for his managing operator of a vessel using the inspector to conduct the required personnel. Other commenters noted that TSMS option to discuss such costs with examinations using different means the paperwork requirements would the company’s TPO, as appropriate. than pulling the tail shaft, so long as the distract pilots while they are steering One commenter predicted the cost of method used allows the surveyor or their towing vessels. surveys would likely increase for both inspector to properly evaluate the tail The Coast Guard views the TSMS, small and large companies, citing the shaft for bends, cracks, and damage. and its requirements for records to demand for Coast Guard-approved These methods may include document compliance with regard to surveyors from TPOs and the increased technologies such as non-destructive training, as the foundational document scope of surveys. He noted many testing and x-ray. The Coast Guard has itemizing the standards, processes and common repairs that can now be not made any changes from the management systems necessary to performed without requiring proposed rule based on these improve maritime safety aboard towing independent surveys will require drydocking and tail shaft comments. vessels. Towing companies that lack the independent surveys under this rule. Regarding the cost of additional boats resources to develop and implement a The Coast Guard does not accept the to fill the service void when these boats TSMS may choose the Coast Guard premise that this rule imposes a are in transit to a certified inspection inspection option and will not have to requirement that independent surveyors drydock and when undergoing a maintain the TSMS-required records must be involved before common drydock inspection, the Coast Guard has and documents. We note, however, that repairs are performed. Regarding added an estimate of lost revenues personnel record requirements in repairs, under § 137.305, the OCMI may (rather than the cost of replacement) to § 140.400(a) and (b) apply to all vessels require additional examination of a account for the potential impacts of subject to subchapter M; in response to vessel whenever he or she discovers or vessels being out of service due to this comment we have made clarifying suspects damage or deterioration to hull drydock inspections. Further amendments to those paragraphs. With plating or structural members that may information is available in Section 2.5 of respect to associated paperwork, many affect the seaworthiness of a vessel. We the Regulatory Analysis. of the entries are short in duration and believe the OCMI should be able to We received a few comments on the Coast Guard does not mandate when require additional examinations when § 137.335, which sets out provisions for the paperwork is filled out. he or she discovers such conditions, and an underwater survey in lieu of Regarding crews and visitors, the we note that such examinations are drydocking. One commenter expressed Coast Guard will issue certificates of typically reserved for those dry-docking support for the provision. One inspection that establish the level of and topside surveys required by part commenter suggested that for purposes manning and persons in addition to the 137. We note also that under of determining whether an underwater crew that will be allowed to be on board §§ 137.135(a)(12) or 137.210(a)(3) there survey is appropriate, the age of the hull the vessels. Companies should work is a requirement to identify items that should be used rather than the age of the with OCMIs prior to issuance of the COI need to be repaired or replaced before towing vessel. to request any additional personnel the vessel continues in service, but this The Coast Guard does not agree that above what the required manning level would not require a TPO survey before we should use the age of a given vessel’s would normally be. The Coast Guard common repairs could be made. hull as opposed to the vessel’s age when does not agree with the commenter’s Regarding the need for surveyors from considering eligibility for enrollment in assertion that the OCMI does not need TPOs, under the Coast Guard option, an underwater inspection in lieu of to be contacted to carry additional annual inspections are performed by drydocking (UWILD) program. For an personnel (visitors, company reps, etc.) Coast Guard personnel and do not existing vessel with no prior credit beyond what is stated on the COI. We require participation of a surveyor from drydock overseen by the Coast Guard, note that § 136.245 provides for the a TPO. Similarly, if a company has a we have no criteria to make an ‘‘age of issuance of an excursion permit by the TSMS and chooses an internal survey hull’’ determination. Once inspected, a OCMI as needed. program, the surveys can be conducted completely new hull will likely be The application for inspection allows by a qualified member of the company considered as a major modification and owners and managing operators to and would not require a TPO. If a reset the vessel’s age for purposes of request the routes necessary to company with a TSMS uses the external UWILD enrollment. accomplish their business. OCMIs will survey program, they would incur While we did not make a change from evaluate that request to determine if the additional costs of using a surveyor the proposed § 137.335 based on these vessel meets the standard for the routes from a TPO. comments, we did amend § 137.335 to being requested. Those standards are clarify the process for the UWILD found in parts 140 through 144. We H. Towing Safety Management System program by stating that it is the Coast made no changes from the proposed (TSMS) (Part 138) Guard that determines if the stated rule based on these comments. We received many comments on our criteria for eligibility has been met. One maritime company expressed proposed part 138 TSMS requirements. One commenter opposed several concerns regarding added operating We received several comments with vessel compliance provisions in part costs incurred that will stem from regard to the schedule for the TSMS 137. He argued that requirements for drydock inspection fees paid to option. An individual suggested that the training and recordkeeping will be an surveyors or the Coast Guard, and from implementation of a TSMS should occur excessive burden on small companies, a audit exams and what the maritime immediately with the allowance of a 6- distraction to pilots, and cause undue company considers unnecessary repairs month interim certificate. This hardship for vessel owners; that vessel brought upon the industry by non-risk- commenter stated using an interim basis managing operators should not have to based regulations. approach, as is done with the ISM Code, get permission to put visitors, company The requirement to have a surveyor will prevent reinventing the wheel and representatives, or additional personnel from a TPO conduct a drydock and align the system approach to existing on the vessel; and that restrictions in internal examination is predicated on requirements. routes permitted on the COI would be the option chosen to obtain a COI. The We have made a number of changes, a deterrent to his ability to make a living Coast Guard encourages the owner or as explained in this section to provide

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40031

for a smooth implementation of the 138.220 pertaining to the purpose, crew members are able to perform TSMS option while keeping in mind the functional requirements, and elements required tasks. For this reason, we have burden to owners and managing of the TSMS be revised to be more edited the quoted language in operators. In the NPRM, we proposed simplistic and to more clearly state the § 138.220(b)(1) to require the TSMS to that owners and managing operators primary goals of a TSMS. contain employment procedures which who select the TSMS option would have We believe the purpose, objectives, ensure ‘‘that personnel are able to 2 years from the effective date of a final functional requirements, and elements perform required tasks.’’ rule to create their TSMS, have a TPO presented in these four sections in part We received a comment requesting approve it and then issue a TSMS 138, subpart B, succinctly establish more details regarding crew member certificate. The owners and managing reasons for, and the requirements and (master, mate, able seaman, pilot, etc.) operators would then have 4 years from goals of, a safety management system. responsibilities in the operation, the date of that TSMS certificate to bring The Coast Guard incorporates these core managing, and implementation of the all vessels under their ownership or elements to provide consistency with TSMS and the vessel. management into the TSMS and obtain the ISM Code and to identify the The Coast Guard does not agree that COIs for them. elements that must be addressed when the regulations should contain more In this final rule, we changed developing a TSMS. In response to a details on crew responsibilities and § 138.115 so that owners or managing previous comment, we did revise our believes that this should be left to the operators of towing vessels need only to definition of ‘‘safety management discretion of the owner or managing obtain a TSMS certificate issued under system,’’ which identifies the nature of operator to set in the TSMS. Under § 138.305 at least six months before an SMS and who it enables to § 138.220(b), policies must be in place being able to have any of their vessels effectively implement the safety and in the TSMS that cover the owner or obtain a Certificate of Inspection under environmental protection requirements managing operator’s approach to the TSMS option. We made this change of subchapter M. Additional guidance managing its personnel, including the to better account for the time needed for will be developed to help the industry duties and responsibilities of the third parties to obtain approval from the and public understand the goals of a crewmembers. Coast Guard and for owners and TSMS and how to develop and We received comments from managing operators to obtain approval implement one. individuals and a maritime company of their TSMS from these third parties Some commenters requested recommending that the rule ensures that before being required to have their clarification regarding the proposed major non-conformities, non- vessels obtain a COI. We also believe functional requirements in § 138.215(f) conformities, accidents, and hazardous that six months of implementing a and TSMS elements in § 138.220(e) situations are reported to the owners, TSMS is sufficient for obtaining a COI, related to the phrase ‘‘procedures to company, or managing operators; are and as required, the vessel would need manage contracted (vendor safety) investigated and analyzed with the to have on board a copy of the owner services.’’ The commenters suggested objective of improving safety and or managing operator’s TSMS that the management of all hired pollution prevention; and that auditors certificate. We amended § 138.115 to (contracted) towing vessels to ensure notify the Coast Guard and the company more closely align the deadline with the they comply with subchapter M would immediately of any serious, unsafe deadlines for vessels to obtain a COI, be a burden, and they suggested that situation that threatens the vessel, its but this change does not prevent a proof of the hired company’s TSMS and personnel, or the environment. One company from implementing a TSMS vessel’s COI should be sufficient commenter noted that TSMS requires a sooner and we encourage owners and evidence to meet the intent of the rule. designated person to whom managing operators to obtain the TSMS One of the commenters stated that it is crewmembers can report safety certificate and implement their TSMS as unclear what contracted services are violations, but that towing vessels soon as possible. In making this change, covered by § 138.220(e). opting for the Coast Guard inspection we do not believe there is a need for a The Coast Guard agrees. When option would not have this reporting 6-month temporary certificate. contracting their vessels to others for system that would likely prevent Two commenters expressed their towing services, the owner and operator accidents. Another commenter view that utilizing internal and follow- remain responsible for for verifying that recommended supplementing the text in up audits would mean that there would their vessels are in compliance with the § 138.220(a)(1)(ii) to ensure that the be no need for a TSMS. regulations. We have removed the designated person monitors the safety The Coast Guard does not agree that requirements proposed in §§ 138.215(f) and pollution prevention aspects of the merely conducting audits and surveys and 138.220(e). operation of each vessel and ensures would negate the need for TSMS. The We received several comments from that adequate resources and shore-based TSMS is the foundational document maritime companies that conveyed support are applied. itemizing the standards, processes, and concern regarding the proposed With respect to reporting accidents management systems that the auditor requirement in § 138.220(b)(1) for and non-conformities, we note that would review, assess, and validate. employers to, ‘‘ensure personnel are § 138.215(c) requires TSMSs to include Without a TSMS, or some other form of . . . mentally capable to perform procedures for reporting both. Section Safety Management System, there required tasks.’’ The commenter’s stated 138.220(a)(2)(ii) requires that the TSMS would be no documentation to identify that although employers conduct drug include procedures to identify and the processes and management testing, safety training, and physical correct non-conformities. The TSMS system(s) put in place for a vessel examinations, the employers cannot be must include how an initial report choosing the TSMS option. We made no responsible for determining their mental should be made and the actions taken to changes from the proposed rule based health status. follow up and ensure appropriate on these comments. The Coast Guard agrees that it may be resolution. We received comments from maritime unreasonable for the company to For vessels choosing the Coast Guard companies and a professional determine the mental health of a option the corresponding ‘‘designated association suggesting that proposed crewmember. It is reasonable, however, person’’ is the vessel’s Master. In part §§ 138.205, 138.210, 138.215, and for companies to identify if potential 140 on operations, § 140.210(d)(6)

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40032 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

requires the crew to report unsafe order to determine if it qualifies under recommendations, which has been conditions to the Master and take the the provisions of this section. We have redesignated as § 138.215(i), to be more most effective action to prevent not made a change from the proposed consistent with other quality control accidents. rule based on these comments. and safety management systems, we The Coast Guard disagrees with We received comments from several amended its reference to the source of adding specific regulatory text to maritime companies that recommended the recommendations to include more § 138.220(a)(1)(ii) regarding the the sequence of events for the issuance company personnel, and made a similar designated person. Section 138.220(c) of a COI for towing vessels be provided. edit in § 138.220(a)(2)(ii) regarding requires the TSMS to have an element The Coast Guard notes the following reporting non-conformities. that addresses verification of vessel short sequence of events associated with Regarding the appeal process, in compliance that covers the safety and the various ways to obtain a COI: proposed § 136.180 we stated that any pollution prevention aspects that the Step 1: As specified in § 136.210, person directly affected by a decision or commenter alluded to. Ultimately the Obtaining or renewing a Certificate of action taken under this subchapter by or designated person is responsible for Inspection (COI), the owner or operator on behalf of the Coast Guard, may ensuring the TSMS is implemented and must submit a completed CG–3752, appeal in accordance with subpart 1.03 continuously functions to address Application for Inspection of U.S. in subchapter A of this chapter. In concerns identified by the commenter. Vessel, to the cognizant OCMI. As noted response to comments, the Coast Guard On the issue of protecting the in § 136.130(d), the applicant must has added § 1.03–55 to identify the responsibilities and authority of specify the option—TSMS or Coast Coast Guard official or entity appeals masters, we received comments Guard Inspections—when submitting should be directed to, including the suggesting that the TSMS specifically the Application for Inspection for a appeal of matters relating to action of a states that the master has overriding vessel. third party, such as when a TPO Step 2: Under § 136.212, the Coast authority to make decisions regarding rescinds a TSMS certificate. the company’s safety and pollution Guard will inspect the vessel at least A professional association noted that, prevention. once every 5 years for certification. as written, proposed § 138.305 would The Coast Guard agrees that the Step 3: As specified in § 136.212(c) of master of a towing vessel has overriding this final rule, the OCMI will issue a require that all towing vessels in a fleet responsibility and authority to ensure vessel a new Certificate of Inspection that are in compliance with the TSMS the safety of his or her vessel. As stated after the vessel successfully completes be included on the company’s TSMS in § 138.220(a)(1)(iii), the Master’s the inspection for certification. certificate. The commenter stated that authority, as defined by the owner or With respect to this process, and as this provision would render an entire managing operator in the TSMS, must noted previously, we amended fleet invalid if a TSMS is revoked under provide for his or her ability to make § 138.115 so that owners or managing proposed § 138.305(d), and therefore, a final determinations on safe operations operators of towing vessels selecting the paragraph needs to be added to this of the towing vessel including the TSMS option need to obtain a TSMS section detailing the appeals process for ability to cease operations if an unsafe certificate at least six months before the rescinding of a TSMS, which condition exists. This reflects provisions being able to have any of their vessels mirrors the current Coast Guard appeals in operational regulation § 140.210 certificated. We believe this is more process for rescinded COI’s. One which specify that safety of the towing consistent with the required schedule of commenter suggested that the proposed vessel is the responsibility of the master when vessels must obtain a COI as requirement in paragraph (c) to list and that if the master believes it is shown in § 136.202 when considering vessels on a TSMS certificate is unsafe for the vessel to proceed, he or the time needed for third parties to cumbersome and unnecessary. she must not proceed until it is safe to obtain Coast Guard approval and for The Coast Guard understands the do so. owners and managing operators to commenter’s concern and has amended We received many comments from obtain approval of their TSMS from the § 138.305, so that owners or managing maritime companies that recommend third parties. operators need only maintain, and that the Coast Guard accept the AWO Five maritime companies suggested produce on request, a list of vessels RCP as an approved TSMS. Commenters that additional language be provided in currently covered by each TSMS wrote about the wide use of the RCP and § 138.305 to clarify how a third-party is certificate. This is a less burdensome attested to the success that their to respond when a non-conformity is means of requiring this information. company has experienced implementing discovered and what the appeals Exceptional circumstances such as that program. Several commenters also process will be for a company whose failure to complete a required audit, suggested that because AWO RCP has certificate is rescinded. major non-conformities discovered been developed from the ISM code, The Coast Guard agrees and has during an audit or survey, and failure to which we already noted as being added language to § 138.505(a) to fully implement their TSMS could accepted in the NPRM, the AWO RCP specify that the results of any external render the TSMS certificate invalid for should qualify as an approved TSMS. audit of the owner or managing a company’s entire fleet. Based on the The provisions of § 138.225 state that operator’s compliance with § 138.315 of Coast Guard’s experience with other an SMS that is fully compliant with the this part must be submitted to the safety management systems, including ISM Code requirements of 33 CFR part Towing Vessel National Center of ISM, these circumstances have been 96 will be deemed in compliance with Expertise within 30 days of audit rarely observed. It is more likely that an TSMS requirements in part 138. It also completion by the TPO conducting the infraction of the regulations would states that the Coast Guard may consider external audit. Further, we amended our result in a less drastic response—for other existing safety management definition of ‘‘non-conformity’’ in example, in the form of non- systems as meeting part 138 § 136.110 to clarify that it is referring conformities being reported for the one requirements. The Coast Guard will the non-fulfillment of a safety or few vessels involved, or those vessels examine AWO’s RCP to determine management system specified being removed from the list of vessels whether or not it meets the requirement. On reviewing proposed found to be in compliance with the requirements of 46 CFR part 138 in § 138.215(j) procedures for evaluating TSMS.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40033

If the situation warrants, the TPO that felt that this requirement could make it individual offered suggestions for the issued the TSMS certificate is able to difficult for small companies to comply. minimum education for internal rescind the certificate, which could Others suggested that a person who is auditors. impact the entire fleet, or remove one or involved in the development of the The Coast Guard disagrees. The Coast more vessels from the list of vessels on TSMS would be useful in identifying Guard has incorporated ISO 9001 the TSMS for non-compliance with the areas where the system is not meeting standards for internal auditor requirements of part 138. Such an action standards. Several comments from competencies in § 138.310 to reflect the that would render the certificate no maritime companies felt that the best practices found in industry. The longer valid would indeed impact the requirements for internal auditors Coast Guard does not agree that entire fleet of vessels listed in that should mirror ISM Code 12.4, which standards either less than or in excess TSMS certificate. Also, we note that the states that ‘‘Personnel carrying out of these minimum competencies Coast Guard may suspend or revoke the audits should be independent of the enhance the credibility of the internal TSMS certificate at any time for non- areas being audited, unless this is auditing process. We made no changes compliance with the requirements of impracticable due to the size and the from the proposed rule based on these part 138. As discussed above, we have nature of the Company.’’ comments. added 46 CFR 1.03–55 to clearly The Coast Guard believes that some of We received comments that requested identify the Coast Guard official or these comments are based on a clarification of our requirements for entity appeals should be directed to for misreading of § 138.310. The section external audits in § 138.315. One those seeking to appeal a decision by a does not require an internal auditor to commenter opposed the provision in TPO under § 138.305(e) to rescind, or a be a person outside of the organization. § 138.315(b)(2) that vessels must be Coast Guard official under § 138.305(d) However, to come closer to the desired selected randomly for an external audit to suspend or revoke, a TSMS objectivity of a third-party organization, during the 5-year period of validity of certificate. the internal auditor may not be a person the TSMS certificate, which the In commenting on § 138.305(f) involved in the implementation of the commenter viewed as subjecting a requirements, an individual suggested it TSMS. In response to these comments vessel to multiple external audits. He is unnecessary for a copy of the TSMS on § 138.310, the Coast Guard has suggested that satisfying § 136.203 certificate to remain onboard the vessel amended § 138.310(d)(4) to include requirements for vessels with TSMS because the certificate will be on file at qualifying language from ISM code 12.4: certificates should be sufficient. the Captain of the Port (COTP) and at The auditor must be independent of the Another was confused by the company’s office. procedures being audited, unless this is § 138.315(b)(2)’s requirement for an The Coast Guard does not agree. Some impracticable due to the size and the external audit prior to the issuance of towing vessels will frequent a number of nature of the organization. Thus, very the TSMS certificate because he felt it COTP zones. The TSMS certificate small organizations may potentially use was the initial audit that leads to the provides evidence that a vessel covered someone from within their organization TSMS certificate. One commenter by the TSMS was found to meet 46 CFR to perform the audit. questioned why we called for random part 138 requirements, and a copy on Some commenters also recommended audits. board the vessel will be readily that the proposed requirement, in In response to these comments we available to Coast Guard officials § 138.310(d)(2), for internal auditors to have changed § 138.315(b) to clarify the wherever the vessel is operating. have completed ISO 9001–2000 courses requirements for external vessel audits. A transportation company suggested be deleted. We removed the requirement in that two certificates should be issued The Coast Guard does not agree. We proposed paragraph (b)(1) regarding the instead of one: A Towing Company believe that a robust auditing system need for an external audit on all vessels Safety Management System Certificate that includes both internal and external prior to an owner or managing operator to the office and a Towing Vessel Safety auditing processes serves to enhance the receiving the initial TSMS certificate. Management System Certificate to each effectiveness of a safety management Upon reconsidering this provision we towing vessel. One commenter system and provides a venue for determined it is not necessary and recommended and provided text for a identification of deficiencies and a instead we considered the need for new section that would provide process for corrective action. Requiring vessel to undergo an external audit in information on how to obtain such internal auditors to have completed an relation to the initial COI for the vessel. certificates. ISO 9001–2000 internal auditor/assessor And in doing so we considered the two The Coast Guard does not agree. A training course, or a Coast Guard- different categories of vessels for which TSMS is intended to be the central recognized equivalent course, is an owner or managing operator would document that directly links the towing intended to ensure that the internal need to obtain an initial COI. First, there vessel and the shore-based management auditor is familiar with basic auditing are the vessels that have been owned or operation. The TSMS is not only for the standards and procedures. However, we operated for more than six months vessel or only for management. Rather, want to accept those who have been which generally will include all existing it is the documentation of processes, trained under newer ISO 9001–2008, so vessels that are now coming under this responsibilities and required action we amended §§ 138.310(d) and subchapter. Secondly, there are newly defining the mutually supporting 139.130(b)(3) to include that standard. constructed vessels as well as existing actions between the vessel mariners and In this final rule, both the ISO 9001– vessels that an owner or managing management. A TSMS certificate should 2000-based training we referenced in operator may obtain, all of which will be the only document issued attesting to the NPRM and the ISO 9001–2008-based need a COI to operate but which have the acceptability of the system. This training meet our qualification been owned or operated for less than 6 should reduce the paperwork burden on requirement. The intended result of this months. For the first category, industry and TPOs. training is to ensure that the internal § 138.315(b)(1) requires the vessel to We received comments suggesting the audit meets minimum standards. undergo an external audit prior to removal of the proposed requirement for One commenter requested more obtaining the initial COI. For the second an internal auditor to be a person information regarding the accepted category, § 138.315(b)(2) requires that outside of the organization. Commenters course work for internal auditors. An the vessel undergo an external audit no

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40034 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

later than 6 months after receiving the we removed any reference to an initial towing company’s TSMS program is initial COI. We note, that as required by audit in part 137. responsible for maintaining the audit § 138.505(b), the results of all external One commenter recommended cycles required by the regulations. The vessel audits are required to be provided replacing the random selection with a TPO has the ability to enter into to the cognizant OCMI. We believe that requirement for at least one contractual agreements to conduct 6 months of operation is sufficient for intermediate verification between the required audits. However, in response to owners or managing operators to fully second and third anniversary dates of these comments, we added a paragraph implement their TSMS on their towing the TSMS certificate. Another (l) to § 139.120 to clarify the vessels and is also consistent with other commenter stated that § 138.315’s responsibilities of the TPO in regards to SMS provisions including the duration sequencing of external management conducting required external audits and of interim ISM vessel certificates. audits and vessel audits seems surveys within the intervals established Proposed § 138.315(b)(2) has confusing. in this subchapter. remained the same but is now The commenter’s concern about Some commenters recommended that § 138.315(b)(3). The other change we proposed § 138.315(b)(2)’s, now text be added to § 138.410 to address the made was to add § 138.315(b)(4) to § 138.315(b)(3)’s, random-selection process an auditor must follow when he clarify that not all information for an provision is unwarranted because that or she identifies a non-conformity. external audit necessarily needs to come paragraph specifically calls for only one These commenters recommended from the vessel examination as some (‘‘an’’) external audit of vessels during adding a requirement that the TPO may be obtained from the owner or the 5-year period. In addition, as noted notify the owner or managing operator managing operator’s office but that previously, we added § 138.315(b)(4) to and the Coast Guard immediately of any however, some of the information must allow for the use of objective evidence recognized hazardous condition that be obtained by visiting the vessel. to verify compliance with some portions poses an imminent hazard to personnel, of the audit; however, some portions As noted, we made these changes to the towing vessel, or the environment. require visiting each vessel during the 5- clarify when vessels need to undergo an For less serious non-conformities, these year period. We call for the vessels to commenters recommended that the external audit as well as the relationship be selected randomly to provide a risk- auditor only require the owner or between the external audit and a based approach and maximum managing operator to develop and vessel’s initial COI. flexibility for ensuring continual implement a corrective action plan. As for the comment regarding compliance with this subchapter. The Coast Guard agrees with the confusion caused by § 138.315(b)(2), Therefore, we decline to amend commenters’ suggested edits. First of all, (now § 138.315(b)(3)), we note that, as § 138.315 to remove the random- we amended § 138.505 to make clear proposed, paragraph (b)(1)’s selection provision. where external audit result reports are requirement for an external audit of the We received comments from several to be submitted. Under § 138.505, all vessel before issuance of the initial companies noting that the proposed detected non-conformities would be TSMS certificate is separate from requirement in § 138.315(c), that audit reported to the Coast Guard because paragraph (b)(2)’s requirement that an documents to be maintained for 5 years they would be part of the results of any external audit of each vessel must be and submitted to Coast Guard upon external audit. Section 138.505 contains conducted during the 5-year period of request, appears to conflict with the requirements on what is to be submitted validity of the TSMS certificate. We proposed § 138.505 requirement that the to the Coast Guard by the external didn’t view these requirements as owner or managing operator submit auditor and when it is to be submitted. confusing or conflicting but as noted each audit to the Coast Guard. In addition, we also amended § 138.410 above, we have removed the The Coast Guard agrees that these two to require the auditor to notify the Coast requirement proposed in sections contain different record Guard within 24 hours of discovering a § 138.315(b)(1). Nor do we consider requirements, but we do not view them major non-conformity which, as defined § 138.315’s sequencing of external as conflicting requirements. Paragraph in § 136.110, would cover hazardous management audits and vessel audits as (c) of § 138.315 calls for the conditions that pose imminent hazards. confusing. As noted above, we removed maintenance of external audit results so We also amended § 138.410 in response proposed § 138.315(b)(1) and replaced it that they are available when requested to this comment to ensure the auditor with provisions in (b)(1) and (b)(2) to by the Coast Guard inspectors or an reports major non-conformities to the specify when an external vessel audit is external auditor. Coast Guard inspectors owner or managing operator. required relative to a vessel receiving may not have access to those audit We received several comments, the initial COI. Note that § 138.315(a)(2) reports submitted to the TVNCOE and particularly from maritime companies, and new § 138.315(b)(3) continue to external auditors may not otherwise requesting that we add language to specify the external management and have access to results from previous proposed § 138.500 to specify which vessel audits required during the TPOs’ management or vessel audits. The Coast Guard office or official the owner validity period of the TSMS certificate. Coast Guard has amended § 138.505 to or managing operator should notify It is important that all vessels undergo clarify who the submission is required prior to conducting a third-party audit one external audit every five years along to go to and the submission timeframe and to clarify that the Coast Guard’s with external management audits to for the external audit results. attendance at such audits—attendance verify that an owner or managing Three commenters suggested that a that § 138.500(b) allows the Coast Guard operator’s TSMS have been fully provision be added to § 138.315 that to require—would not or should not implemented and the TSMS certificate states the OCMI or COTP may be able cause delays in the audit. can be renewed. In proposed to extend the external audit time period The Coast Guard has amended § 137.210(c), we did state that before it due to the unavailability of an TPO. § 138.500(a) in response to these could be placed in an audited program, The Coast Guard declines. Paragraphs comments to include a notification to a towing vessel must successfully (a) and (b) of § 138.315 establish a range the cognizant OCMI at least 72 hours complete an initial audit by a third- of time for companies and TPOs to prior to an external audit to mitigate party organization, and then be audited schedule external audits. A TPO that potential delays in the conduct of the as required by part 138. In this final rule has been contracted to oversee the audit from Coast Guard scheduling, if

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40035

attendance is required. In a related records must be submitted to. Also, we employment opportunities in the towing amendment, we deleted § 139.170 in its have inserted the address for the Coast vessel industry offered to those entirety because those requirements are Guard Towing Vessel National Center of conducting inspections. All Coast Guard already stated in parts 137 and 138. Expertise. personnel are bound by ethics laws and A company suggested that § 138.505 We received six comments from regulations which govern their ability to clarify that audit records only be maritime companies requesting more seek and accept non-federal positions provided to the Coast Guard upon information be provided regarding following their government service. request. Also, a maritime company potential actions the Coast Guard may One commenter urged the Coast requested to be able to submit take if an owner is found to be Guard to obtain full jurisdiction over documents required by § 138.505 noncompliant with the TSMS or regulated towing vessels, including electronically. requirements in subchapter M. Also, areas that OSHA is currently regulating. The Coast Guard disagrees with the two commenters suggested that the This request is beyond the scope of suggested change to § 138.505 to only TSMS is ‘‘unenforceable’’ and that we this rulemaking. OSHA will continue to provide records upon request. Final do not have a sufficient penalty process enforce its requirements on shipyard reports from the external management in place for violations. employers that perform shipyard and vessel audits must be provided to The company and its vessels are employment subject to 29 CFR 1915 on the Coast Guard within 30 days of an subject to a broad range of actions by the inspected and uninspected vessels. audit. For the Coast Guard to properly Coast Guard and the TPO depending on OSHA will also continue its current oversee vessels using subchapter M’s the conditions found on the vessel. enforcement on uninspected vessels. TSMS option, it is important that it Companies and vessels operating under A towing company suggested that a receives final reports soon after they are a TSMS that fail to meet minimum more ‘‘streamlined’’ TSMS be offered to completed. As noted above, we set the requirements may be subject to smaller companies so as to avoid 30-day submission deadline in response enforcement, including Captain of the burdensome administrative to a previous comment. We note that in Port orders restricting operations, requirements. addition to this submission suspension and withdrawal or A safety management system in requirement, § 138.315(c) requires revocation of the COI, and suspension general, and the TSMS in particular, is records of external audits to be or revocation of the TSMS certificate. a flexible tool for management in that it maintained for 5 years and made Also, as we state in § 140.1000, is user-defined to address the unique available on request. These reports are violations of the provisions of this operations, equipment and hazards valuable historical records that must be subchapter will subject the violator to present in the vessel operator’s market. available when needed by internal and the applicable penalty provisions of For the small business operator with a external auditors as well as by the Coast Subtitle II of Title 46, and the penalty fleet of one or two vessels the TSMS Guard. provisions of Title 46, and Title 18, may not need to be an expansive As for submitting external audits U.S.C. document. The requirements to identify records or results required by § 138.505 A company expressed concern about the range of operations for a small electronically, we noted earlier that we whether the Coast Guard would have towing vessel serving a limited area and amended § 140.915(b) to provide resources to hire a sufficient number of market is likely to be much less than safeguards against false or late competent vessel inspectors for that of a larger towing vessel company electronic entries in towing vessel and convenient scheduling for the company, consisting of dozens of vessels and TSMS records. If the submitter uses including drydock scheduling. serving a large, diverse market over a equivalent safeguards for transmitting Regarding having a sufficient number large area. records, the Coast Guard will accept of competent vessel inspectors, as we The TSMS for small operators is electronically transmitted external indicated in response to comments scalable to their operation. Thus, it can audits records that § 138.505 directs be above, the Coast Guard is prepared for be ‘‘streamlined’’ to address a limited submitted to the Towing Vessel what it has estimated will be the set of assets, process, and personnel. As National Center of Expertise (managing demand for annual inspection from a towing vessel operation grows, so too operator’s compliance audits) and the owners and managing operators would the TSMS need to scale up to cognizant OCMI (towing vessels selecting the Coast Guard inspection identify the growing inventory of external audits) so long as the means option. The Coast Guard will closely operations and accompanying safety used allows the Coast Guard to reliably monitor the demand for inspections and concerns. We have not made any verify the person making the submission will make resource adjustments as changes from the proposed rule based and the authenticity of the external necessary. on these comments. audit records. For those seeking to Two maritime companies felt that use One commenter suggested that the submit external audits records or results of any Coast Guard inspection resources safety culture in the towing vessel to the Coast Guard electronically, the should be based on risk and that those industry could be further developed by TSMS must address the means to be companies that have had satisfactory addressing the communication barrier used to make electronic submissions. safety records, and successful TSMS between managers and operation We have amended § 138.505 to reflect audits, should not have the same level personnel. this option. of Coast Guard oversight as companies We believe the safety culture the We received comments from a with a history of poor performance. commenter refers to will be greatly maritime company and an individual The Coast Guard agrees with the enhanced in companies with a TSMS in requesting more information regarding comment about its allocation of place. A TSMS is the central document the address to which the results of an resources and intends to use a risk- that directly links the towing vessel and external audit are to be submitted to the based approach based on safety, survey, the shore-based management operation. Coast Guard. inspection and audit histories. For a TSMS to be effective, management The Coast Guard agrees with these One commenter requested and operational personnel must requests and has amended § 138.505 so information regarding how the Coast continuously communicate. The TSMS that it is clear to the TPO which Coast Guard will manage conflict of interest documents processes, responsibilities Guard office or official external audit potentially created by future and required action that define the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40036 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

mutually supporting actions between TSMS. One stated that TSMS should not One commenter expressed concern managers and operation personnel. The be the basis of any inspection regime regarding the option offered by the Coast Guard believes that the integration and that any governmental inspection wording of §§ 139.115 and 139.120 for of the TSMS will result in enhanced program should be staffed appropriately TPOs to create customized audit safety as it promotes greater to provide for Coast Guard inspections, guidelines and tools. The commenter communication and also defines and asserted that having third party or pointed out that the variety of audit corrective actions required when other industry inspectors opens the door reports could present inconsistencies communications fail to produce the to profiteering or altered inspection during compliance checks. intended result of improving safety. requirements not originally intended by As proposed, part 138, subpart D, of One commenter suggested that for the regulations. this final rule requires that audits must small companies that choose to elect the The Coast Guard views subchapter M be of sufficient depth and breadth to Coast Guard inspection option, language external and internal survey programs, ensure the owner or managing operator should be added to indicate that combined with Coast Guard oversight of meets the requirements outlined in ‘‘alternative compliance methodologies’’ vessels and organizations choosing the § 138.220. In our NPRM, we noted that are acceptable. TSMS option, as an effective means of an elaborate TSMS designed for large As we noted above, the Streamlined helping to ensure compliance with operations may be impractical for Inspection Program in part 8, subpart E, subchapter M requirements. In addition, owners or managing operators with of this chapter, is an option that vessels all vessels subject to subchapter M will small operations, and that a small subject to subchapter M may seek to use be inspected by the Coast Guard before company may seek to use a significantly to renew a COI. Also, in § 136.115, we obtaining a COI and at least once every scaled down TSMS tailored to its proposed accepting certain alternative 5 years. See §§ 136.210 and 136.212. operation. We acknowledge there will approaches to satisfying subchapter M Another commenter stated that TSMS be variations in TSMSs. Similarly, we requirements. We did not propose, is not necessary as an option because acknowledge that §§ 139.115 and however, to allow vessels subject to the Coast Guard can do the inspections 139.120 allows TPOs to develop subchapter M to take advantage of part as outlined in subchapter T (Small customized audit guidelines and tools. 8, subpart D’s, Alternative Compliance Passenger Vessels) which incorporates The Coast Guard intends to issue Program to obtain a COI. We have made everything that is required in guidance that may include sample no changes from the proposed rule subchapter M. We disagree that checklists, job aids, and guides, but we based on this comment. subchapter T is appropriate for the have not changed §§ 139.115 and Another commenter suggested unique nature of towing vessel 139.120 based on this comment because updating the Streamlined Inspection operations, which is reflected in our the requirements in part 138, subpart D, Program to include electronic, authorization in 46 U.S.C. 3306(j) to must still be met and we do not favor downloadable forms, and user-friendly establish an SMS ‘‘appropriate for the more prescriptive, one-size-fits-all templates. characteristics, methods of operation, standards in part 139. This suggestion is outside of the scope and nature of service of towing vessels.’’ One commenter expressed confidence of this rulemaking. We made no changes We believe that a towing-vessel-specific in the Coast Guard’s ability to oversee from the proposed rule based on this subchapter is appropriate, rather than the inspection of towing vessels comment. imposing existing inspected vessel conducted by classification societies. In the NPRM we discussed comments regulations on towing vessels. Towing We received other comments expressing submitted in response to seven companies that may lack the resources support for the use of qualified or questions we posed in a December 30, to develop and implement a TSMS, or trained third-party auditors and 2004, Inspection of Towing Vessels choose not to, must follow the Coast surveyors. Also, several maritime notice. In response to that portion of the Guard inspection option. companies and a professional NPRM, one of these commenters association supported Coast Guard’s recommended that all vessels should I. Third-Party Organizations (TPOs) proposal to allow smaller entities, other comply with the proposed SMS rules (Part 139) than recognized classification societies, within 1 year. The same commenter We received several comments, to apply for Coast Guard approval. suggested that using the ISM Code from mostly from maritime companies, Under proposed § 139.110 a 2002 as a guideline in developing the requesting that the list of approved recognized classification society SMS requirements will allow for a TPOs be made available online. automatically would have met the number of operators using the AWO The Coast Guard concurs with this requirements of a TPO for the purposes RCP to be compliant. recommendation and plans to publish a of part 139. However, as noted above, Neither our proposed rule nor this list of TPOs for the towing vessel we have amended § 139.110 to clarify final rule would require towing industry to refer to when considering the distinction between audits and companies selecting the Coast Guard the selection of a TPO. The Towing surveys. A recognized classification compliance option to establish a safety Vessel National Center of Expertise society meets the requirements of a TPO management system. This rule provides (TVNCOE) will update and maintain the for the purpose of performing audits. An an option for towing companies to use list and make it available at: authorized classification society meets the ISM systems currently published in www.uscg.mil/tvncoe. the requirements of a TPO for the 33 CFR part 96 or other safety Other commenters requested that purpose of performing surveys. We did management systems acceptable to the § 139.120 be changed to include the this to ensure the Coast Guard has Coast Guard under § 138.225. The Coast name of the Coast Guard program office evaluated the classification society’s Guard believes that we are providing to which an organization seeking to ability to carry out vessel surveys. We sufficient flexibility for towing become a TPO should submit its added a definition in § 136.110 of companies that want to adopt the safety request. ‘‘authorized classification society’’ for management system option under The Coast Guard agrees. We have clarity. Paragraph (c) of § 139.110 has subchapter M. amended § 139.120 to identify the office been amended to specify that We also received two comments on and address of the TVNCOE, where organizations qualifying as TPOs under the proposed rule that opposed the such requests should be sent. paragraphs (a) or (b) of that section must

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40037

ensure that employees providing To help readers better understand that it identifies wide-spread confusion after services under part 139 hold proper relationship, in the regulatory text of this rule is published. qualifications for the particular type of this final rule we have converted Some commenters, including service being performed. We also note references to ‘‘approved third-party maritime companies and trade that the criteria stated in our TPO auditor’’ or ‘‘approved third-party associations, viewed the qualifications application section, § 139.120, allow surveyor’’ to show this relationship— required for surveyors in § 139.130 as small entities to become TPOs. As we e.g., ‘‘surveyor or auditor from a third- inadequate and recommended that the defined it, the term ‘‘third-party party organization.’’ Also, although we qualifications include sufficient organization’’ is used to describe an have left some difficult-to-change background, training, and experience to organization approved by the Coast instances in place, we avoid using the qualify as a TPO. One of these Guard to conduct independent word ‘‘approved’’ with TPO because, as commenters suggested that training for verifications to assess whether TSMSs noted above, by definition a TPO is both auditors and surveyors should be and towing vessels comply with approved. provided by an independent applicable requirements contained in We received several comments, accreditation organization. A this subchapter. particularly from maritime companies, commenter provided text edits to the All auditors and surveyors approved supporting Coast Guard’s oversight of language in proposed § 139.130(b)(2) to conduct subchapter M external third-party auditors and urging the and recommended several minimum surveys and audits would be part of a Coast Guard to implement the approval education requirements for auditors and TPO. We set standards for auditors and process for third parties prior to the surveyors. surveyors in § 139.130, but these are finalization of the rule. Commenters felt Section 139.130(c) already specifies a used in conjunction with § 139.120 that the Coast Guard would need to minimum level of education, skills, and where we require TPO applicants to list ensure that a sufficient pool of third- experience needed for surveyors from the organization’s auditors and party approvers is available prior to the TPOs. The ISO standard training surveyors who meet the requirements of increased demand created by requirement for auditors and the marine § 139.130. On further review of subchapter M compliance. surveyor’s accreditation requirement, as stated in § 139.130, incorporate a role of § 139.130(a), the Coast Guard realized it The Coast Guard is aware of the independent accreditation organizations makes sense to include ‘‘surveyor’’ in concern regarding the availability of in the required training for both this lead paragraph. The specific third-party organizations. Subchapter M surveyors and auditors from TPOs. The qualifications for an auditor and a regulations governing third-party Coast Guard feels that the criteria in surveyor remain in paragraphs (b) and organizations need to become effective § 139.130, which lists qualifications of (c), respectively. We have edited this before the Coast Guard will be able to auditors and surveyors, provides a section accordingly. evaluate requests from organizations sufficient minimum level of education, One commenter expressed concern seeking to become a TPO under part skills and experience needed for third- that the requirements for TPOs would 139. That effective date is July 20, 2016. party surveyors and auditors, and that result in only classification societies Also, on that date, in accordance with we cannot point to evidence that higher- qualifying to become auditors. The § 139.110, recognized classification level-education requirements would be commenter was concerned that class societies and authorized classification justified. Owners, managing operators, society personnel are experienced in societies may begin acting as TPOs for and TPOs can establish additional blue water shipping but not towing the purpose of conducting subchapter M requirements at their discretion. vessel operations. audits and surveys. As we noted above, Some commenters suggested that the The Coast Guard developed this rule we used a phased approach in our Coast Guard require surveyors to receive to ensure that organizations, including § 136.202 deadlines for obtaining a COI ISO 9000 series training. small entities, with the requisite so as to distribute the work load over a In § 139.130 we include successful knowledge, experience, and 6-year period from the effective date of completion of an ISO 9001–2000 or qualifications would be eligible to this final rule. 9001–2008 lead auditor/assessor course become a TPO. The standards in part A commenter suggested that the Coast or Coast Guard recognized equivalent 139 allow organizations other than Guard publish a Navigation and Vessel qualification for auditors, but not recognized classification societies to Inspection Circular (NVIC) that provides surveyors. The Coast Guard does not become TPOs, and meeting these the qualification process for TPOs. believe that we should add training in standards should be within the The Coast Guard plans to issue a ISO 9001 standards as a required capabilities of small entities seeking to guide to assist small entities, including qualification for surveyors because provide such services to the towing those interested in becoming a third- surveyors conduct direct inspections of industry. party organization under subchapter M. vessel equipment and systems as As qualified in our discussion above, However, we believe that part 139 is opposed to auditing SMS processes. In § 139.110 does not subject recognized or sufficiently specific. Section 139.120 addition, the ISO does not have a 9001 authorized classification societies to identifies the information an equivalent for surveying at this time. additional requirements for application organization would need to submit to We received a comment requesting as a TPO; however, as stated in become a TPO for purposes of that existing qualified and certified § 139.110(c), their employees providing subchapter M. We have amended inspectors that participate in an services under this part must have the § 139.120 so it more precisely identifies auditing program be ‘‘grandfathered’’ as proper qualifications in accordance with where such requests should be sent. approved third-party inspectors. § 139.130. The Coast Guard established Section 139.130 includes a list of the The Coast Guard does not intend to this requirement to ensure that qualifications of auditors and surveyors allow grandfathering of existing employees of recognized classification that those applying to become a TPO inspectors who may be participating in societies have the proper experience in need to use to identify that some form of an existing program. The towing vessel operations in order for organization’s auditors and surveyors Coast Guard has no oversight of these them to carry out TPO audits under who meet these requirements. The Coast personnel and has no specified subchapter M. Guard will consider issuing guidance if minimum qualifications for them to

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40038 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

conduct such work. If a person with based safety management systems. We reflected in the proposed rule which qualifications required in § 139.130 anticipate that market forces will meet only required that qualifications from wishes to conduct subchapter M TSMS the demand for TSMS-specific auditing paragraph (c)(1) (education) and one of audits or survey, he or she would need courses. the two remaining paragraphs, (c)(2)(i) to start or become part of a TPO. One commenter requested that the or (ii), be met. At this time, the Coast We received requests for more regulation be modified to only accept Guard does not see the need for it to information regarding the monitoring auditors that are U.S. citizens. accept an independent accreditation and removal process of auditors or The Coast Guard disagrees with this organization for the purpose of third-party companies. recommendation. This commenter did accrediting subchapter M auditors and In § 139.145, we describe the process not provide reasons why we should surveyors. for a suspension of approval when the make the requested change and we find Some commenters recommended that Coast Guard has determined that a TPO no reason to base the eligibility for the Coast Guard require that all TPOs is not complying with the provisions of becoming an auditor in a TPO on provide and maintain a list of current part 139. Under that process the Coast citizenship. There are towing vessels and former auditors and surveyors. Guard will provide details to the TPO of operating overseas or in U.S. As we proposed in the NPRM, the organization’s failure to comply and jurisdictions outside of the continental § 139.135(a) of the final rule specifically provide a time period for the U.S. Requiring that an auditor be a U.S. requires TPOs to ‘‘maintain a list of organization to correct its failure(s). In citizen might unnecessarily limit the current and former auditors and this final rule, we shorten § 139.145 by availability of auditors to these vessels. surveyors.’’ In § 139.135(b), we remove replacing a repeated list of procedures Also, a recognized classification society the word ‘‘for approval,’’ but retained the Coast Guard must follow for a may operate around the world and is the requirement that to add an auditor partial suspension with a reference not required to employ only U.S. or surveyor, the TPO must submit that pointing back to the same procedures citizens. person’s experience, background and A commenter suggested that both listed in paragraph (a) for a suspension. qualifications to the Coast Guard. We In § 139.150, we make clear that the auditors and surveyors must be note that it is the responsibility of the Coast Guard may revoke the approval of accredited by an independent TPO to ensure that auditors and a TPO if the organization has accreditation organization that is surveyors conducting work for their demonstrated a pattern or history of accepted by the Coast Guard and is failing to comply with part 139, organized especially for the purpose of organization satisfy the qualifications substantially deviates from the terms of accrediting auditors and surveyors to requirements in § 139.130. The the approval granted under part 139, or perform work in documenting submissions required by § 139.135(b) has failures that indicate to the Coast compliance with subchapter M will assist the Coast Guard in its Guard that the organization is no longer requirements for towing vessels. The continual oversight of TPOs. capable of carrying out its duties as a commenter did not believe that the A State government and a task force TPO. We amended § 139.150, to provide National Association of Marine suggested that the Coast Guard consider provisions for Coast Guard notification Surveyors (NAMS), the Society of developing a TPO-rating criterion that is to TPOs of actions taken under Accredited Marine Surveyors (SAMS), based on the percentage of towing vessel § 139.150. In terms of monitoring, we or another other organization should be companies (for which the TPO has note that § 139.160 lays out means for allowed to accredit individual surveyors issued a TSMS certificate) that the Coast the Coast Guard to oversee TPOs. for purposes of subchapter M until the Guard independently finds to have Two commenters requested more Coast Guard has approved the major non-conformities. If the number information regarding the reference to organization’s accreditation processes. of companies in a given period having ‘‘Required training courses for the This commenter suggested the major non-conformities exceeds that auditing of a Towing Safety possibility that this accreditation percentage, the TPO should be Management System’’ in § 139.130(b)(4). process could also be done by an automatically placed on the a ‘‘grey Paragraph (b)(4) of § 139.130 in the independent third-party auditor/ list,’’ and be required to demonstrate to proposed rule listed ‘‘[s]uccessful surveyor accreditation organization that the Coast Guard that it is taking actions completion of a required training course is accepted by the Coast Guard. to improve its oversight/auditing for the auditing of a Towing Safety We note that, that as with other program. The commenters felt that this Management System’’ as one of the organizations, NAMS and SAMS are not criterion would help vessel owners and qualifications in paragraph (b) an required to apply for approval to the operators assess the qualification of its auditor must meet. Because auditors Coast Guard to accredit individual oversight program. must meet all the qualifications listed in surveyors. In § 139.130, where we list The Coast Guard will consider this paragraph (b), we have deleted the qualifications for auditors and recommendation after it gains redundant word ‘‘required’’ from surveyors, we have removed paragraph experience with the implementation of paragraph (b)(4). Also, for added clarity (c)(4), which references accredited these rules when developing metrics for and consistency we removed ‘‘required’’ marine surveyors and NAMS and evaluating and overseeing TPOs. from paragraph (b)(5)(ii) for the SAMS. Instead, we added ‘‘accredited Two commenters expressed concern previously stated reason. marine surveyor’’ to a list of other that a company may switch TPOs to Given the nature of the towing relevant marine experience in paragraph find one that enforces compliance with industry, the Coast Guard believes that (c)(2)(ii). subchapter M less rigorously. These auditors should complete a TSMS- These edits eliminate names of commenters suggested that the Coast specific auditing course. At the time of specific accrediting organizations, but Guard develop a criterion to prevent this writing, the Coast Guard is aware of still include work experience as an towing vessel companies from ‘‘third- at least one TSMS Auditor course and accredited marine surveyor as a factor to party organization hopping,’’ such as a the Coast Guard believes that additional be considered and identified in provision that if a towing vessel courses will be developed once this rule applications. The Coast Guard believes company changes TPOs more than once becomes effective, similar to the way that accreditation is a valuable factor to in a 5-year period, an external Coast courses developed for auditors of ISM- consider, but not an essential one—as Guard inspection of the company’s

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40039

TSMS documents and vessels is conduct surveys and audits were those number of Coast Guard inspections automatically triggered. that didn’t develop the TSMS. In that required to implement subchapter M. The Coast Guard acknowledges that a situation, the commenter noted, it may We received comments from towing company may seek to switch its TPO for be the developer’s direct competitor companies and professional associations the reason suggested, but a company who is hired as the TPO and that that suggested that TPO requirements in may also change its TPO for reasons competitor would have a natural proposed § 139.160(f) and (g) be moved beyond its control or for reasons other tendency to be biased against programs to § 138.510 because of the discussion of than seeking to avoid full compliance that look different from the ones it owner and managing operator with subchapter M. Because switching produces. compliance oversight of TSMS. One TPOs is not necessarily a reason to focus Section 139.120(o) requires TPO commenter suggested that § 139.160(f) more attention on a given company, the applicants to disclose any potential be moved under § 138.400. Coast Guard would be reluctant to adopt conflicts of interest. Section 139.120(p) The Coast Guard disagrees with these the more-than-once-in-5-years metric requires applicants to submit a recommendations. Section 139.160 lists suggested by the commenters, but it statement to the Coast Guard stating that discretionary oversight activities the does acknowledge that changing TPOs their employees who are engaged in Coast Guard employs in its oversight of could be a signal that more scrutiny audits and surveys will not engage in TPOs. These oversight activities should should be focused on a company. We any activities that could result in a not be moved under § 138.510, which note that the monetary costs and the conflict of interest, which we define in describes the Coast Guard’s authority to loss of time associated with such § 136.110, or that could otherwise limit direct owners, managing operators, and changes will be factors a company the independent judgment of the third parties to explain or demonstrate would consider before switching to a auditor, surveyor, or organization. And portions of the TSMS when there is different TPO, and therefore we do not under § 139.150(a)(3), conflicts of evidence that the TSMS is not in expect TPO switching to be a common interest are a factor the Coast Guard may compliance with part 138 requirements, occurrence. consider when deciding whether to nor under § 138.400, which addresses Referencing §§ 139.120 and 139.155, a revoke the approval of a TPO. An audits of safety management systems. commenter noted that the NPRM does organization does not have to be a TPO We did remove § 139.160(g), however, not specify a process for a company to to develop or help implement a TSMS, because it is covered by suspension follow if it needs to appeal a decision but a TPO is the only entity that can provisions in § 139.145(b), and we also of its TPO to deny or revoke issuance of verify compliance with a TSMS or issue removed proposed paragraph (c) a TSMS certificate. The commenter also a TSMS certificate. because there was no need for us to refer noted that the Coast Guard must create One company stated that an to assigning personnel to observe or a specific appeals process because organization should be assigned to participate in audits or surveys. towing vessel companies with a TSMS oversee the third-party process in order A commenter suggested that the Coast are dependent on third-party to ensure consistency in the use of Guard open communications with documentation to obtain a COI. The resource materials and tools. Another stakeholders to become better informed commenter wrote that the proposed rule commenter asked what process would of options to ensure consistency in the required third parties to develop be in place to oversee TPO training and auditing process. procedures for appeals, and allows a approvals. The Coast Guard established the company to follow existing, general As reflected in the NPRM and this TVNCOE in 2010 to help promote appeals procedures, but that more detail final rule, the Coast Guard will provide consistency in the regulation of towing is needed. direct oversight of TPOs. A list of Coast vessels and to promote communications The Coast Guard has provided a Guard oversight activities appears in between the Coast Guard and industry specific appeal process in this final rule. § 139.160. This oversight is intended to as we moved towards certification of As reflected in above, in § 136.180 we ensure that TPOs that conduct audits towing vessels. The TVNCOE stated that any person directly affected and surveys for towing vessels subject to communicates routinely through their by a decision or action taken under this this subchapter comply with part 139 national customer service subchapter by or on behalf of the Coast requirements. To the extent consistency representatives, list server, and Web site Guard, may appeal in accordance with in the use of resource materials and (http://www.uscg.mil/tvncoe) with those subpart 1.03 in subchapter A of this tools by TPOs is required by part 139, who will be subject to subchapter M chapter. We have added § 1.03–55 to the Coast Guard will provide the requirements. As the Coast Guard identify the Coast Guard official or oversight requested. To the extent it is approving authority for TPOs, TVNCOE office appeals should be directed to, not, we view the requested oversight as will have oversight responsibilities to including the appeal of matters relating an area best left to market forces. In assure consistency with the auditing to action of a third party, such as when reviewing proposed § 139.160(g), which process. a third party rescinds a TSMS discussed the Coast Guard being able to One commenter said that the Coast certificate. require a replacement for Guard needs to ‘‘assure the integrity’’ of A commenter expressed concern noncompliance or poor performance, we the third-party approval system. regarding a potential conflict of interest deleted that paragraph because it is The Coast Guard expects that by using for companies that develop TSMSs or covered by suspension provisions in a single entity, the TVNCOE, to review provide TSMS-related training sessions. § 139.145(b). and approve TPOs, the Coast Guard will The commenter said that such a We received a comment from a towing ensure consistency and integrity in the company would not be able to company that felt that because of subchapter M TPO system. objectively inspect systems that they limited Coast Guard resources, relying A commenter felt that in the context developed because finding fault with on third-party auditors would be a of part 139, it is not clear if a third-party the towing company would be a solution to the increase in demand for auditor needs to be associated with a reflection on their own work. Moreover, inspections after implementation of TPO or if an auditor can be approved as this commenter saw a related potential subchapter M. an independent operation. conflict of interest resulting if the only We concur that the use of TPOs under The Coast Guard notes that to perform companies that could be hired to the TSMS option may reduce the external audits under subchapter M, the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40040 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

auditor must be listed by a TPO as one we have made changes to clarify our the requirement for TWIC cards for of its auditors who meets the third-party references in this rule, but individual employees on vessels moving requirements of § 139.130. This we have made no changes from the certain dangerous cargo. individual need not be exclusively proposed rule based on this comment. In part 140, subpart B, which includes employed by a single TPO. It would be As noted above in our discussion of § 140.205, we do require that the vessel possible for a single auditor—who comments related to part 138, we be operated in accordance with worked in a remote location, for removed § 139.170 because those applicable laws and regulations, but example—to work for more than one attendance provisions are already stated there is no explicitly stated requirement TPO. As previously mentioned, the in parts 137 and 138. for personnel to hold a TWIC. The Coast Guard understands the problem with Coast Guard has revised language in this J. Operations (Part 140) final rule to make it clear that under § 140.205(e)’s reference to 33 CFR subchapter M, external surveys and We received many general comments 101.105, and in the final rule we audits must be conducted by auditors from individuals, companies, and removed that reference and replaced it and surveyors who are part of—and associations concerning our operational with the personal identification subject to oversight by—a TPO. requirements in part 140. requirements of 33 CFR 101.515—which An individual noted that part 139 Two commenters noted that the do not require personnel to have a does not contain procedures on how to purpose section of part 140 does not TWIC. conduct a damage survey of a vessel. explain how the Coast Guard will One commenter suggested that Part 139 deals with TPOs and would ensure that non-TSMS operating complete background checks for not contain requirements relating to a companies comply with the regulations employees should not be required for damage survey. Surveys are generally because these companies do not have those crewmembers who are required to discussed in part 137. Section documented written procedures and are obtain a TWIC. 137.300(b) discusses an OCMI’s ability not subject to audits. One commenter The Coast Guard notes that in general to require further examination of the expressed concern that non-TSMS a background check is included as part vessel in the event of damage. In companies would have lower operation of receiving a TWIC, and we also note addition, if the vessel is damaged, costs and their services would be less that we are not requiring background § 136.240 addresses how to obtain safe. checks in these regulations. permission to proceed for repairs. The In the NPRM, the Coast Guard offered Regarding a Master’s authority on extent of a given vessel’s damage and the TSMS or Coast Guard annual board, an individual suggested that other circumstances may warrant inspection option. For vessels that do proposed § 140.210 ensure that the specific survey requirements. not choose the TSMS option, we will TSMS contains a clear statement One towing company suggested the use Coast Guard inspections to verify emphasizing the master’s authority. need for a peer auditing program to compliance with the requirements of The Coast Guard proposed in assess consistency and competency this subchapter. We are confident that § 140.210(b) that the master must take among TPO auditors and surveyors. the Coast Guard annual inspection adequate corrective action or cease TPOs will be required to adhere to option will help to ensure that towing operations when he or she believes that ISO 9001 standards for operating in vessels are operated at an appropriate an unsafe condition exists. Moreover, accordance with a Quality Management level of safety. The casualty reviews § 140.210(c) further states that the System, and their auditors must have presented in the benefits chapter of the master has the authority to take steps completed training in ISO 9001 Quality Regulatory Analysis found many deemed necessary and prudent to assist Management Systems Auditing. We list instances in which the Coast Guard vessels in distress or for other ‘‘accredited marine surveyor’’ in inspection and TSMS options were emergency conditions. The Coast Guard § 139.130, along with other-relevant- rated the same in risk reduction benefits believes that these requirements are marine-experience, as a non-mandatory and other cases where the TSMS sufficient to provide the master of the qualification for surveyors. options scored higher. If a company vessel the appropriate latitude and We do not agree with the commenter believes the Coast Guard inspection discretion to exercise his or her duties that supplemental peer-review of TPO option is more cost-effective than a to ensure the safety of the vessel. In auditors and surveyors is warranted or TSMS, this rule provides the flexibility reviewing § 140.210, we have added the necessary. We note that the work of for that choice. We have made no officer in charge of a navigational watch surveyors will be subject to audits, and changes from the proposed rule based as also having the responsibility to cease as noted above in our discussion of on this comment. operation or take adequate corrective § 139.160, the Coast Guard will be In reviewing § 140.200, and similar action if he or she believes it is unsafe overseeing the work of TPOs. sections in parts 141 through 144 which for the vessel to proceed. Also, we An individual argued that the intent state that if a TSMS is applicable to the amended § 140.210(d) to indicate that of the term ‘‘third party’’ is to explain vessel it must have provisions for the crew must ensure that either the that the Coast Guard is a third party to compliance with that part, we decided master or the officer in charge of a towing vessels and the term should not to delete those sections. They are navigational watch is made aware of the apply to the organizations to which the unnecessary because part 138 addresses vessel’s condition. And in § 140.605 we Coast Guard is delegating authority. what the TSMS must cover regarding all moved a requirement into paragraph (a) The Coast Guard does not use the subchapter M requirements. that was covered by proposed paragraph term ‘‘third party’’ in the way suggested A company noted that the list of (c) and added ‘‘or officer in charge of a by this commenter. We use the term to mariners required to have a navigational watch’’ in the discussion of refer to a TPO, which we define as ‘‘an Transportation Worker Identification determining if the vessel meets all organization approved by the Coast Credential (TWIC) by § 140.205(e)’s stability requirements before getting Guard to conduct independent reference to 33 CFR 101.105 is too broad underway. We made similar revisions to verifications to assess whether towing and should instead be the same the requirements for master or officer in vessels or their TSMSs comply with requirement as under 33 CFR 101.515. charge of a navigational watch in applicable requirements contained in Further, an individual noted that the §§ 140.610(c) (hatches and openings) this subchapter.’’ As previously noted, rule did not have language explaining and 140.615(b) (tests and examinations).

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40041

One commenter felt that if the away from a crewmember’s situational unique training required to mitigate the language in § 140.210(d) is intended for awareness. Given the commenters’ focus risk to the specific machinery and crew members who are responsible for on pilothouse watchstanders, we have operating equipment aboard each maintaining a vessel’s COI, then the amended § 140.640 to expressly require particular towing vessel. Coast Guard should require that the the officer in charge of a navigational Several commenters suggested that vessel’s TSMS contain a provision watch to maintain situational awareness proposed § 140.415 include the requiring that crew members receive and minimize distractions. following text in the ‘‘reserved’’ training on how to complete the tasks We received two comments paragraph: ‘‘A safety orientation need assigned to them by the TSMS and how suggesting that either the word not be provided to an individual that is to comply with the COI. ‘‘lookout’’ be deleted from § 140.400(c), not a crewmember if that individual is The Coast Guard proposed in or that the word be changed to the accompanied while on board the towing § 138.220(b)(2)(ii) that the TSMS phrase ‘‘supplemental lookout.’’ They vessel by a crewmember who is familiar contain a policy relating to training argued that the term ‘‘lookout’’ was with the items specified in personnel in ‘‘duties associated with the superfluous because the master or mate § 140.415(a).’’ execution of the TSMS.’’ The Coast serves as his or her own lookout. The Coast Guard does not agree. The Guard believes that this requirement is The Coast Guard is requiring in Coast Guard believes it is unreasonable sufficient to ensure that crew members § 140.400 that a record be maintained to assume that during an emergency the are aware of their duties under the for all watchstanders going on and off escorting crewman would have no other TSMS. We have made no changes from watch. Lookouts are added by the responsibilities or duties other than the proposed rule based on this master or mate (pilot) under the escorting the individual at all times comment. provisions of § 140.630. This does not while aboard the vessel. The Coast A company suggested that the term preclude the Master or Mate (Pilot) from Guard believes that a safety orientation ‘‘pilot’’ would be more appropriate acting as a lookout, when appropriate. for individuals visiting the vessel would instead of ‘‘mate’’ in § 140.210(c). Section 140.400 requires that lookouts not place an undue burden in terms of Another commenter suggested that and all other members of the navigation time or distraction. The Coast Guard has ‘‘mate (pilot)’’ be deleted from watchstanding team must have times of made no changes from the proposed § 140.210(c) because its current use service entered and recorded. Our rule based on these comments. suggested that the mate and master were addition of ‘‘officer in charge of a However, note that for simplicity we equal, rather than the master having the navigational watch’’ to the list of have removed the ‘‘reserved’’ paragraph, ultimate authority on the ship. watchstanders does not change our need made the previous paragraph (a) into Alternatively, the commenter suggested to include lookouts. introductory text, and made the that language be added to § 140.210(c) We received comments from an previous subparagraphs of (a) into stating that the mate must inform the individual and an association who paragraphs (a) through (d), as master before deviating from the COI if recommended that the Coast Guard appropriate. time and circumstances permit. should require that any mariner, One commenter asked for clarity The Coast Guard recognizes that engineer, or watchstander that works in regarding specific drills and training throughout the diverse towing industry the engine room, or near machinery, be that would be required in § 140.420(a), there are differences in terminology, provided with initial safety training and and thought that the requirement of including in the use of ‘‘pilot’’ or additional training on the operation and drills to respond to ‘‘other threats to life, ‘‘mate.’’ For purposes of consistency maintenance of installed machinery property, or the environment’’ was too with other sections, the Coast Guard has prior to beginning work in these areas. ambiguous. Another noted that chosen to use the terms ‘‘master or mate In §§ 140.410(b)(10) and 140.515, the additional requirements for first-aid (pilot)’’ in this rule, or ‘‘officer in charge Coast Guard specifically requires safety trainings should be included in the of a (or the) navigational watch’’ as orientation training on the awareness of regulation. appropriate, as they are the most and expected response to any hazards The Coast Guard in § 140.420(a) common currently applied terms in inherent to the operation of the towing provided specific emergency drills that related regulations and policy, vessel which may pose a threat to life, must be performed. This includes including manning regulations in 46 property, or the environment. Section abandoning the vessel, recovering CFR part 15. The Coast Guard does not 15.405 of 46 CFR requires that persons from the water, responding to agree with the comment about ‘‘mate crewmembers be familiar with the onboard fires and flooding, or (pilot)’’ because we are simply referring relevant characteristics of the vessel responding to other threats to life, to the responsibility of the person in prior to assuming their duties and property, or the environment. The charge of the navigational watch. The responsibilities, including the main owner or managing operator is Master retains overall responsibility for propulsion and auxiliary machinery, responsible for identifying any other the safety of the towing vessel as such as steering gear systems and additional training and drills required prescribed in § 140.210(a). We have controls. We have amended §§ 140.405 in addition to the above identified made no changes from the proposed and 140.410 to note that personnel must requirements based on the specific rule based on this comment. meet the requirements in §§ 15.405 and intended service of their vessels. This We received two comments 15.1105 as appropriate. In § 140.405, we may be covered by the required risk suggesting the development of a policy also added threats to the environment assessment for TSMS vessels. to restrict the use of cell phones and during an emergency as situations when The Coast Guard has made no changes other non-essential electronic devices the duties and duty stations of each from the proposed rule based on these by pilothouse watchstanders. person onboard must be identified; this comments. The Coast Guard has added language amendment is consistent with general We received a recommendation for in § 140.210(d) requiring the crew to vessel operation objectives stated in text additions to proposed § 140.420 minimize distractions when performing § 140.205(a). that included the option for ‘‘e- duties. This amendment is intended to Under §§ 140.510 and 140.515, it is learning’’ for emergency drills and prevent the non-essential use of cell the responsibility of the owner or trainings. The commenters suggested phones and other distractions that take managing operator to identify the that the Coast Guard not require follow-

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40042 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

on discussions with a subject matter reference to ‘‘new vessel,’’ by switching § 140.435(b) and (c) for small crews and expert if the ‘‘e-learning’’ provides it to ‘‘other vessel’’ regarding low-risk environments to maintain scoring at the completion of training requirements for safety orientation automatic external defibrillators (AEDs) and the individual receives a score provided to crewmembers who received on board towing vessels. Commenters, higher than the minimum required by a safety orientation on another vessel. including maritime companies, felt the the TSMS. Furthermore in § 140.410(d) we proposed requirement should be The Coast Guard in § 140.420(e) amended paragraph (d)(3) to require the removed because subchapter T, which specifically provides for alternative signature in addition to name of those applies to vessels in higher risk forms of instruction for the training providing training. environments, does not require AEDs. aspect of § 140.420; however, the In reviewing § 140.420(d), we added Others felt that the cost of the participation in emergency drills must paragraph (d)(5) which states that equipment and training would be a take place on board the vessel so far as credentialed mariners holding an officer burden on small companies. A maritime practicable. This section permits endorsement do not require the company requested that harbor boats be training required by this rule to be instruction listed in paragraph (d) with exempted from the requirement because conducted by viewing electronically or the exception of launching a skiff, if one of the emergency response personnel digitally formatted training materials is listed as an item of emergency and land-based assistance available. followed by a live discussion led by equipment to abandon ship or recover Also, we received several comments someone familiar with the subject persons overboard. We added a similar that supported the requirement and matter. The Coast Guard believes that provision in § 140.645(c) for need for AEDs on towing vessels. An follow-on discussions with members of credentialed mariners holding Able individual suggested clarifying that the the crew and interactive discussions Seaman or officer endorsements intent of the requirement is for vessels provide insights into the specific regarding navigation safety training that are ‘‘double crewed’’ and not those functions of emergency procedures requirements in § 140.645. These containing ‘‘overnight aboard a particular ship and allow crew changes allow credentialed mariners to accommodations.’’ Two commenters members to individually and use their previous training to meet suggested that the training for AED use collectively discuss specific actions and specified subchapter M training should be left to the manufacturer’s expectations of each other during drills requirements. recommendations. One commenter suggested that the or actual emergencies. Further, to Due to the comparatively high cost of term ‘‘work vests and anti-exposure ensure that the alternative form of the carriage (estimated by the Coast work suits’’ be used instead of ‘‘work instruction is sufficient, we amended Guard at $2,500 per unit for each vest’’ in § 140.430 because anti-exposure § 140.420(e) by adding requirements vessel), maintenance, and training of work suits are also approved under 46 that a competent individual provide a AEDs on board towing vessels, the Coast CFR 160.053. demonstration using equipment that is Guard has decided to remove the AED the subject of the training. The Coast Guard does not agree with requirements proposed in § 140.435(b) We received several comments on this suggestion. Vessel personnel are and (c). However, companies can elect § 140.420(d). An individual noted that afforded three choices of approved ‘‘rescue boat’’ was not defined in equipment that they may use. In to carry, maintain, and train crews on § 136.110. The commenter questioned § 140.430 the Coast Guard addresses the equipment above and beyond the scope whether the Coast Guard was using the wearing of work vests and states that life of subchapter M requirements. Owners terms ‘‘skiff’’ and ‘‘rescue boat’’ jackets, immersion suits, and work vests and managing operators can address synonymously in § 140.420(d) and must all meet applicable regulations. AED carriage using a risk-based requested that the Coast Guard define The term ‘‘anti-exposure work suit’’ approach through the requirement to ‘‘rescue boat’’ if ‘‘rescue boat’’ and does not appear within 46 CFR subpart implement procedures to identify and ‘‘skiff’’ were intended to be different 160.053. The Coast Guard has made no mitigate health and safety hazards in vessels. Another commenter felt that changes from the proposed rule based § 140.510. requiring a safety orientation for on these comments. We received some comments on crewmembers to be conducted annually We received several comments safety concerns that were not included as proposed in § 140.420(d)(1) was requesting that § 140.430 permit type III in the NPRM. Two commenters noted unnecessary and burdensome. Personal Flotation Devices (PFD) as an that the NPRM does not include the safe The Coast Guard recognizes ‘‘skiffs’’ alternate to work vests. One commenter remediation of asbestos and suggested and ‘‘rescue boats’’ as different types of requested that work vests worn at night either referencing OSHA regulations or vessels and did not use them not require a light. other related code in the rulemaking or interchangeably in § 140.420(d). The Section 140.430 provides the standard drafting our own regulations and adding Coast Guard agrees that ‘‘rescue boat’’ requirements for the wearing of work them to the rulemaking. A commenter should be defined and has amended vests; however, companies can require also expressed concerns regarding § 136.110 to provide a definition. the use of approved flotation devices carbon monoxide exposure from As for the second comment, the Coast that are of a higher type rating. The exhaust leaks in the towing vessels and Guard agrees and has removed proposed Coast Guard does not agree with the suggested that the Coast Guard include § 140.420(d)(1), which contains the comment requesting the removal of the guidance on protection against carbon requirement for an annual safety lighting requirement for work vests monoxide exposure. orientation. The requirements for when worn at night as this is an important Another commenter suggested that a safety orientation should be conducted safety feature for night time operations. the Coast Guard implement a ‘‘No can be found in § 140.410(b). The Coast We note that we did amend a reference Smoking’’ policy for mariners. The same Guard has amended that paragraph to in § 140.430 to a paragraph in § 141.340 commenter and an individual requested clarify that a safety orientation is based on amendments we made in that Coast Guard institute hearing required for a crewmember prior to that § 141.340; we changed the paragraph protection programs as well. Similarly, crewmember getting underway for the reference from ‘‘(c)’’ to ‘‘(g)(1).’’ a commenter suggested that the Coast first time on a particular towing vessel. We received several comments Guard implement additional Also, in § 140.410(c) we corrected a opposing the requirement in occupational safety and health

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40043

regulations to protect mariners from conflicted with the Health Insurance found in § 140.510(a)(13). Additionally, accidental injury or death. Portability and Accountability Act of the Coast Guard has the authority Another commenter said that the 1996 (HIPAA), Public Law 104–191, and during normal inspection activities to regulations should incorporate effective should be deleted in its entirety, issue corrective action orders to a means of ‘‘severing or releasing’’ a chain because under HIPAA employers do not towing vessel to improve any unsafe or wire rope tow connection in the case retain medical records on employees condition, including unsanitary food of emergencies, noting that a fire axe containing diagnoses that those conditions, and under § 137.220, the cannot effectively cut such towline. employees have not already seen. One owner or managing operator of a towing Lastly, two commenters provided commenter suggested that § 140.520(b) vessel that has selected the TSMS several suggestions for additional be deleted because it conflicted with the option must examine or have examined workplace safety regulations such as patient’s right to know and violated systems, equipment, and procedures to preventive maintenance programs, the HIPAA. Another commenter suggested ensure that the vessel and its equipment incorporation of the OSHA personal that the section be revised to emphasize are suitable for the service for which the injury reporting system instead of CG- medical records confidentiality vessel is certificated, including being in form 2632 for personal injury reporting, requirements that currently exist in compliance with part 140 of this and a hearing protection program for Federal law. One commenter felt that subchapter. The Coast Guard has made mariners comparable to OSHA the section should clarify what no change from the proposed rule based standards for shoreside workers. information an employer can give out on this comment. With regard to mariner safety, the under HIPAA. One commenter A professional association noted that Coast Guard is committed to the safe questioned which medical records need the potable water supply for vessels operation of vessels and the protection to be retained under § 140.520(a). should be maintained at the same of mariners. Section 140.510 establishes Finally, another commenter suggested quality as for the Coast Guard’s military the requirements for owners or we amend § 140.520(a)(1) so as to and civilian employees. The commenter managing operators to implement require that only medical records suggested that the Coast Guard issue procedures to identify and mitigate related to pre-employment physicals, regulations in this rulemaking that are health and safety hazards aboard towing injuries occurring in the course or scope reasonable and attainable by towing vessels subject to inspection, which can of employment, or medical procedures vessels. Two commenters suggested that include exposure to asbestos, smoking, required by the employer be if the water supply aboard a vessel does noise, carbon monoxide, and the ability maintained. not satisfy tests for quality and purity to sever or release wire or chain The Coast Guard agrees in principle the vessel owners must provide bottled towlines. Regarding the comment on the with the comments and deleted water for the crew members. use of the CG–2692, this rule proposed § 140.520 from the final rule. The Coast Guard agrees that the implements a casualty reporting regime The intent of the requirement was to condition of water supply aboard consistent with the requirements for ensure that owners or managing towing vessels should be of a sufficient other classes of inspected vessels. operators retain records of injuries quality that the members of the crew are Further, this final rule requires that the occurring in the course or scope of not endangered. Under 46 U.S.C. owners and operators of these vessels employment as a result of a health and 3305(a)(1)(D), the inspection process develop and implement their own safety incident on board the vessel. ensures that vessels subject to health and safety processes and However, we believe the health and inspection have an adequate supply of procedures—see subpart E of part 140. safety plan required under § 140.500 potable water for drinking and washing. The OSHA standards for shoreside already includes recordkeeping In the NPRM, the Coast Guard proposed workers could be used as a template for procedures addressing this issue. Also, a requirement in § 140.510(a)(13) for the this purpose. The Coast Guard has made we have amended § 140.505(a) to make owner or managing operator to no change from the proposed rule based clear that the owner or managing implement procedures to identify and on these comments. operator must maintain records of mitigate health and safety hazards Finally, the Coast Guard disagrees health and safety incidents that occur regarding sanitation and safe food with the comments regarding the on board the vessel, including any handling. Having an inadequate supply incorporation of OSHA standards. As medical records associated with the of safe water for sanitation purposes and we noted in the NPRM, OSHA’s incidents, and that upon request, he or for food handling is to be addressed by jurisdiction on the workspace safety she must provide crewmembers with the owner or managing operator. To aspects for seamen on towing vessels incident reports and the crewmember’s ensure that potable water is expressly subject to subchapter M will cease. own associated medical records. addressed in § 140.510, and that there is However, we have endeavored to One commenter suggested that the an adequate supply of potable water for incorporate some of the OSHA Coast Guard establish food sanitation drinking, we have added a potable water requirements into the Health and Safety regulations in the final rule and felt that supply requirement as § 140.510(a)(14). Plan requirements in the final rule. A sanitation regulations, including food One commenter felt that the proposed commenter’s recommendation that sanitation, should be enforced with requirements in § 140.515(b) for training Congress transfer certain authority from recognized standards using an for individuals, other than crew OSHA to the Coast Guard is beyond the inspection checklist. The Canada members, should include more specifics scope of this rulemaking. Shipping Act was cited as an example. on the information or training required, We received numerous comments that The Coast Guard does not agree that such as fire training and abandon-ship objected to proposed § 140.520, which additional regulations are required in training. Another commenter suggested would require the owner or managing the final rule to address the issues of that the refresher training in operator to maintain and provide access food sanitation aboard towing vessels. § 140.515(d) be repeated every 5 years, to medical records. Several commenters As we proposed, this rule requires that rather than annually, because annually suggested that this section be deleted the owner or managing operator of the was excessive. because medical recordkeeping is not towing vessel to establish policies The Coast Guard does not agree that required in subchapter T. Other regarding sanitation and safe food additional information on the commenters also felt that § 140.520 handling. These requirements may be information and training required for

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40044 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

persons aboard towing vessels other ‘‘close and dog watertight hatches recordkeeping. Documentation of than crew members is required in this during towing operations’’ to minimize repairs made to such equipment is vital rule to address the commenter’s the risk of down-flooding and to identifying systemic issues affecting concerns. In § 140.415, the Coast Guard progressive flooding of the towing the navigational safety equipment. requires that individuals who are not vessel. Additionally, if the vessel is operating crewmembers on board towing vessels We have provided appropriate in accordance with the safety must receive additional safety exceptions to the requirements in management system, documentation of orientation prior to getting underway or § 140.610(c)(1)–(3) to give sufficient repairs made would serve to provide an as soon as practical thereafter to include flexibility to the vessel’s master for crew account of materials needed and issues of use of life-saving equipment, comfort and convenience. The Coast requested as well as corrective actions emergency procedures, emergency Guard has made no changes from the taken in order to address the observed communications with crewmembers in proposed rule based on these comments. deficiencies. The Coast Guard has made case of an emergency, and prevention of However, in reviewing § 140.610 on no changes from the proposed rule falls overboard. Under § 140.515(b), the hatches and other openings, we added based on this comment. Coast Guard requires owners or an express requirement, previously We received comments from a State managing operators to identify, specific implied in that section, that decks and government and a task force asserting to their towing vessel’s operations, what bulkheads designed to be watertight or that the Coast Guard should add other information or training is needed weathertight must be maintained in that language to § 140.620 requiring that to limit the exposure of individuals to condition. vessels carrying oil or hazardous hazards onboard the vessel. Some commenters suggested that material in bulk immediately notify the The Coast Guard believes that annual proposed § 140.610(b) be revised as COTP or OCMI when navigational safety refresher training is necessary but, as follows, ‘‘The master must ensure that equipment fails and cannot be reflected in § 140.515(d), the refresher all hatches, doors, and other openings immediately repaired. training does not need to be as in-depth that were installed to be watertight and The Coast Guard does not agree with as the initial training. These annual weathertight are functioning properly.’’ the commenters’ suggestion that training requirements parallel or mirror With one amendment, the Coast additional requirements for reporting comparable OSHA requirements which Guard agrees with the suggested are necessary in this rulemaking. In currently apply to uninspected towing revision. The intent of proposed accordance with 33 CFR 164.53(a), a vessels. Companies have the ability to § 140.610(b) was that any fittings that towing vessel may continue to the next tailor this training to be less crews rely on for watertight integrity port of call should navigation safety comprehensive based on the risk. We and vessel safety should be operational equipment fail, subject to the direction made no changes from the proposed and subject to survey. Our revision of of the District Commander or the rule based on these comments. § 140.610(b) is intended to make two Captain of the Port as provided by 33 We received comments from things clearer. First, this paragraph CFR part 160. A towing vessel is individuals and companies who felt that covers hatches, doors, and other required by 33 CFR 164.53(b) to report the proposed requirement in § 140.610 openings designed to be watertight or to the Coast Guard the loss of critical to close all exterior openings on the weathertight, whether or not they are navigation safety equipment to include main deck is not feasible when vessels currently watertight or weathertight. radar, radio navigation receivers, Gyro require ventilation during hot weather, Second, the reference to ‘‘other compass, echo-depth sounding devices, and not necessary in low water where openings’’ in this section is also or primary steering gear. The Coast there is no current. intended to be limited to those designed Guard believes that these existing Others contended that stability is not to be watertight or weathertight. requirements are sufficient to ensure an issue on inland waterways, and that One commenter recommended that safety for towing vessel operations, and there should be no stability proposed § 140.615(a) apply to all we have made no changes from the requirements for Western Rivers towing towing vessels. Another company proposed rule based on these comments. vessels. suggested that this section only apply to We inserted examples of navigation The Coast Guard believes that vessels that are not subject to 33 CFR safety equipment in § 140.620(c), but watertight integrity and stability is a 164.80 regulations. left the repair-promptly requirements in concern on any vessel, regardless of Because it would be redundant to that section clearly applicable to all service or operating area. Towing apply § 140.615 to towing vessels navigation safety equipment. vessels must be maintained and subject to 33 CFR 164.480, the Coast Similarly, after further review of operated so the watertight integrity and Guard agrees with the second § 140.625, the Coast Guard decided not stability of the vessel is not commenter and has not made any to repeat the list (of topics for special compromised. There is a sufficient body changes to the applicability of § 140.615 attention) already contained in 33 CFR of historical evidence regarding towing except that we replaced the term 164.78; instead we refer to that CFR vessel casualties in which the cause of ‘‘inspection’’ with ‘‘examination’’ to section in a note, and point to the the casualty was the lack of watertight avoid using different terms to describe TSMS, where such a list is more integrity of the towing vessel. the same action. appropriately maintained. Specifically, open hatches have An individual suggested that repairs, We received several comments, from permitted the uncontrolled ingress of such as repairs to navigation lights or maritime companies and individuals water into the towing vessel, resulting whistles, need not be recorded as who felt that proposed § 140.630 should in the vessel sinking. required in proposed § 140.620(d). be deleted from the NPRM. Several Within their final report on The Coast Guard disagrees with the companies felt that because lookouts are ‘‘Recommendations for the commenter’s suggestion that the repairs included in Rule 5 of the Inland and Enhancement of Towing Vessel to navigational safety equipment need International Navigation Rules (33 CFR Stability’’ dated September 9, 2013, not be recorded. The Coast Guard 83.05), the section is redundant for TSAC provided a safety believes that a record of repairs made to subchapter M. Two commenters recommendation to the Coast Guard, navigational safety equipment is a vital suggested that because lookouts for that towing vessel operators should component of good management and inspected crew boats are not required in

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40045

subchapter T, they should not be M establishes requirements for a class of officers in charge of the navigation required in subchapter M. An vessels that have different operational watch have the most up-to-date individual asserted that the words risks than those covered by subchapter information in order to assess ‘‘dedicated’’ or ‘‘designated’’ should be T. The size of a towing vessel’s tow may operational risks as well as to anticipate included before the word ‘‘lookout’’ to be large and continually changing, and and manage workload demands during make it clear that a lookout position more challenging to navigate than a the voyage. would be in addition to a watch- small passenger vessel which has a The Coast Guard believes that the standing officer. A State government consistent size. Also, varying heights of requirements for the navigation and task force member supported a the tow—the tow’s air draft—must be assessment have taken into account the second person for bridge watch for all considered to determine if a tow is low safety recommendations and other towing vessel tank barges carrying oil or enough to clear bridges along the towing guidance received from TSAC. The hazardous material in bulk. vessels intended route. In contrast, the TSAC recommendations were based on The Coast Guard does not agree that height of small passenger vessels the premise that the details of the the requirements of proposed § 140.630 normally remains constant. The Coast navigational assessment requirements should be altered or removed from the Guard has made no changes from the would be contained in the TSMS. rule. The Coast Guard agrees that Rule proposed rule based on this comment. However, not all vessels will be under 5 of the Navigation Rules clearly Two commenters felt that a navigation the TSMS scheme. Therefore we are identifies the need to maintain a lookout assessment should be included in a separately including the navigation at all times while underway. The Coast company’s TSMS and not included in assesmment requirements here. The Guard believes that the additional the final rule. We received some core elements of the recommendations, language provided in § 140.630 ensures comments that were in support of this to identify risk and to take into account that owners and managing operators of provision. Three commenters suggested the unique characteristics of the tow, are towing vessels have greater clarity on that navigation watch assessment included in this rule. expectations and thresholds of language should be revised in Finally, the Coast Guard does not performance for the placement of accordance with the 2006 4 or 2008 5 agree with the commenter’s suggestion additional lookouts to maintain a state TSAC recommendations on navigation that only vessels that transit in ‘‘large of vigilance whenever significant watch assessments. An individual areas’’ should be required to meet this change in the operational environment suggested that only vessels that transit requirement for navigational occurs. This section makes clear that in large areas should be required to have assessment. The term ‘‘large areas’’ does responsibility for navigational safety a navigation watch assessment. Two not provide sufficient information to rests with the master and mate (pilot) of commenters felt that it was too determine the boundaries envisioned by the towing vessel. Subchapter M burdensome to conduct and document a the commenter. Furthermore, navigation establishes requirements for a class of navigation assessment for each voyage assessments have value not only for vessels that have different operational the vessel makes in a watch. transits of large areas or of prolonged risks than those covered by subchapter The Coast Guard disagrees with the duration but also for transits in smaller T. As for the requirement for a second commenters’ suggestion that the areas or of short duration; shorter person for bridge watch for all towing requirement for a navigation assessment transits may also contain risks such as vessel tank barges carrying oil or should not be included as part of this bridges, high winds, or swift currents. hazardous material in bulk, the Coast rule but rather, be required in the This requirement reflects good Guard believes that § 140.630 gives the company’s TSMS. Not all companies or seamanship and best practices, and does Master the proper authority to establish vessels are required to have a TSMS. not pose an undue burden to the an appropriate number of lookouts Therefore, we have included these mariner. The Coast Guard has made no based on the conditions and other requirements here in part 140. changes from the proposed rule based factors. To clarify the interaction of Rule The Coast Guard disagrees that the on this comment. 5 and 46 CFR 140.630, the Coast Guard navigation assessment requirements will A State government and task force has made changes from the proposed be overly burdensome. As noted by suggested that the Coast Guard require rule based on these comments. another commenter, the activities in the vessels towing tank barges that carry oil We received a comment suggesting navigation assessment are required by or hazardous material in bulk to develop that because navigation assessment is Navigation Rules 6, 7(a) and 8(a), and a coastal and inland checklist to determine if weather conditions make it covered in other regulations, it should the best practice of prudent seamanship. safe to proceed, and require personnel be eliminated from § 140.635. The In the cases where the navigation to complete the checklist before commenter felt that because navigation assessment is not being fully departure and retain it for Coast Guard watches are included in Navigation implemented as current practice, we inspection. These commenters also Rules 6, 7(a) and 8(a), it would be estimate that an additional 0.2 hours per suggested we add language to proposed redundant to include them in operating day of effort would be needed § 140.625 to require a qualified licensed subchapter M. Companies also stated to meet the requirements in the final officer to be in charge of the navigation that a navigation assessment should not rule. We believe that subchapter M be required in subchapter M because it of the vessel, as stated in 33 CFR 164.11. requirements for conducting navigation is not required in subchapter T. The Coast Guard does not agree that assessments prior to getting underway The Coast Guard does not agree with additional language is required to or while underway will ensure that the commenter’s suggestion to remove address the commenters’ concerns. § 140.635. The requirements of Required tests, examinations, and 4 Report of the Towing Safety Advisory § 140.635 provide additional guidance Committee Working Group on Towing Vessel assessments for personnel operating and requirements for the vessel’s master Inspection, Task #04–03, Inspection of Towing towing vessels are provided in or mate (pilot) to ensure that the proper Vessels, Sept. 7, 2006, docket ID no. USCG–2006– §§ 140.615 and 140.635. Section planning is conducted and that 24412–0004. 140.635(a)(3) specifically requires that 5 Memorandum from the Towing Safety Advisory sufficient resources, personnel and Committee Economic Analysis Working Group, the person in charge of the navigation equipment are available to mitigate the Dec. 16, 2008, docket ID. No. USCG–2006–24412– watch assess the ‘‘weather conditions identified risks. In addition, subchapter 0007. and changes anticipated along the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40046 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

intended route’’ prior to getting We intend this rule to provide—as It is important that those crew members underway. The Coast Guard believes much as practicable—the requirements serving in such capacity have a basic that § 140.635(a)(3) and other required for towing vessels in a single understanding and elementary considerations of the navigation subchapter. Not all towing vessels are education in the skills necessary to assessment are sufficient to reduce subject to 33 CFR part 164. For those perform any safety duties assigned to operational risks and enhance the safety that are, §§ 140.625 and 140.635 note them aboard towing vessel. of the towing vessel and its tows. the need for some vessels to comply One commenter suggested that ‘‘fuel’’ The Coast Guard notes that § 140.625 with requirements in 33 CFR 164.78 or also be included in the list of materials clearly states that at all times, the 164.80. in § 140.655(c) that should not be movement of a towing vessel must be We do view it as appropriate to tailor intentionally drained into bilges. under the command of a credentialed requirements in § 140.640 for those The Coast Guard agrees that the mariner. The commenter correctly notes vessels subject to subchapter M rather drainage of fuel into the bilge poses a that existing regulations require a than rely on existing requirements in 33 danger to the safety of towing vessel credentialed master or mate (pilot) to be CFR 164.80. Also, we noted a tension operations and the environment. in control of the vessel at all times while between our statement in § 140.600 that Section 140.655(c) prohibits a person underway. The inclusion of additional subpart F, Vessel Operational Safety, from intentionally draining oil or other language would not enhance the safety applies to all towing vessels unless hazardous material into the bilge of a of towing vessel operations. The Coast otherwise specified, and our selective towing vessel from any source. The Guard has made no changes from the repeating of this statement in certain Coast Guard intended the reference to proposed rule based on these comments. sections. To eliminate that tension, we ‘‘oil or hazardous material’’ in § 140.655(c) to encompass ‘‘fuel,’’ but to We received several comments from deleted those unnecessary and make this clear we have added a maritime companies that suggested that somewhat confusing references to sentence adopting 33 U.S.C. 1321’s because other rules address the applicability in §§ 140.625, 140.635, and definition of ‘‘oil’’ which includes ‘‘oil pilothouse requirements in proposed 140.640. Also, § 140.600 noted that some vessels subject to subpart F remain of any kind or in any form, including, § 140.640, it should be eliminated. subject to the navigation safety but not limited to, petroleum, fuel oil, Maritime companies and a trade regulations in 33 CFR part 164. Sections sludge, oil refuse, and oil mixed with association felt that the section should 140.625, 140.635, and 140.640, as well wastes other than dredged spoil.’’ With be deleted because sufficient coverage of as § 140.725, contained statements about the adoption of this definition for this issue exists in §§ 140.635 and 33 CFR part 164 applicability that we purposes of § 140.655, we deleted ‘‘and 140.645. Three commenters stated that removed or moved to a note for the fuel’’ from § 140.655(b) when because § 140.640 is not required in section because this was more referencing spills during transfers. To subchapter T, it should not be required informational than regulatory in nature. avoid any conflicting requirements, we in subchapter M. However, three As discussed later in this preamble, amended § 140.655(b)(2) regarding oil commenters supported this provision. however, we did delete §§ 140.810 and spill containment capacity to limit it to Two commenters felt that § 140.640 140.815 and amended § 140.800 to situations when the requirements in 33 should incorporate the requirements in retain and clarify the statement about CFR 155.320 do not apply. 33 CFR 164.80 instead of the listed applicability. We received several comments about requirements. We received several comments from § 140.655(c) from companies suggesting The Coast Guard does not agree with maritime companies who stated that that because the prevention of oil and the commenters’ suggestion that the because subchapter T does not require garbage pollution is already a requirements of § 140.640 should be navigation training for deckhands, this requirement under other rules, such as removed from this rule, or that training should not be required in 33 CFR 155.770, the Oil Pollution Act navigation assessment requirements in § 140.645. A professional association of 1990, and the International § 140.635, and § 140.645 navigation felt that obtaining a license is enough to Convention for the Prevention of safety training requirements, satisfy the qualify for navigation. Pollution from Ships, this section objective of requirements in § 140.640 The Coast Guard agrees in part with should be deleted. which are specific to pilothouse these comments. The Coast Guard The Coast Guard disagrees. By resource management. Towing vessels recognizes that the training expressly stating the requirement in have significantly different performance requirements in 46 CFR parts 11 and 12, § 140.655(c), we make clear that all capabilities from vessels regulated for certain rating endorsements and all vessels subject to subchapter M must under subchapter T. As such, these deck officer endorsements include the comply with this requirement and the vessels require greater levels of knowledge requirements listed in requirements stated in 33 CFR 155.770. coordinated action and information § 140.645. We included a new paragraph As previously mentioned, to the extent transmission between members of the (c) of this section to facilitate a link with practicable, the Coast Guard is seeking navigational watch team. The TSAC the training requirements in 46 CFR to present in one subchapter nearly all reports and AWO Bridge Allision study parts 11 and 12. the regulations with which a towing as well as casualty data all identify The Coast Guard, however, is also vessel subject to this rule must comply. human factors as a causal factor in a cognizant that not all mariners This regulation prohibiting the large percentage of casualties. The Coast performing lookout functions are intentional draining of oil or hazardous Guard believes that pilothouse resource credentialed mariners therefore, we did material into the bilge is one in management requirements will help not change the rest of § 140.645. particular that we want to ensure those reduce navigational risks. While we Lookout duties may be assigned to crew subject to subchapter M are aware of. amended § 140.640 for clarity, and as members aboard towing vessels who do The Coast Guard has made no changes noted above in this discussion of part not have a credential as master or mate. from the proposed rule based on these 140 comments to address distractions in Additionally, a crew member may be comments. § 140.210(d), the Coast Guard has made assigned temporary duties to assist the A commenter stated that tests and no changes from the proposed rule navigational watch team in the inspections under provisions of based on these comments. pilothouse during underway operations. National Fire Protection Association

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40047

(NFPA) 306, Control of Gas Hazards on effective date of the rule be required to publications on U.S. vessels should be Vessels, during repairs including be approved under series 165.130. adopted in subchapter M. welding, burning, or other hot work The Coast Guard does not agree with The Coast Guard declines to were easy to avoid on towing vessels the commenters’ suggestion that a specifically add this language into the because these vessels were not subject fathometer is an unnecessary piece of final rule; however, on February 3, to Coast Guard inspection. Noting that equipment aboard towing vessels 2016, CG–NAV published NVIC 01–16, the absence of prescriptive regulations operating in the Gulf Intracoastal which esblishes guidance on the use of restricts legitimate Coast Guard safety Waterway. The Coast Guard agrees that electronic charting systems and the investigations to uncover the cause of towing vessels operating almost solely carriage of electronic navigation pubs. accidents, the commenter recommended in marked channels regularly NVIC 01–16 applies to towing vessels that the latest edition of NFPA 306, maintained and commonly traversed and their requirement for the carriage of Control of Gas Hazards on Vessels, be have a high degree of reliability with navigation publications listed in incorporated by reference in this rule. regard to water depth. However, these § 140.705. In examining our reference to Consistent with this recommendation, towing vessels sometimes deviate from ‘‘information and equipment’’ in other commenters urged the Coast marked channels. A fathometer is a very § 140.705(b), we replaced these words Guard to include a requirement for hot useful tool in order to ensure that a with ‘‘charts, maps, and nautical work operations and safety that is towing vessel does not run aground and publications,’’ to better reflect the consistent with requirements for cargo is not damaged. section heading and the existing vessels (46 CFR 91.50–1). This The Coast Guard notes the references in the section. commenter also requested that the Coast commenter’s suggestion that a magnetic Another commenter suggested that a Guard draft regulations for this compass should be allowed on the Gulf note should be included in rulemaking that govern the proper use Intracoastal Waterway. There is nothing § 140.705(b)(1) that in the event that of any autopilot installed on a towing in this rule that prohibits the use of the only electronic charts are used, the vessel similar to those that apply to magnetic compass on board a towing system must be approved by the Coast other classes of inspected vessels. vessel when operating on the Gulf Guard. The Coast Guard agrees that towing Intracoastal Waterway. In reviewing this The Coast Guard does not agree. vessels should have requirements for comment, we amended § 140.725 by Section 140.705 already requires that if hot work operations and safety, similar inserting ‘‘illuminated’’ before electronic charts are used, that they to cargo vessels, and that the standard ‘‘magnetic compass’’ to match the must be acceptable to the Coast Guard. recommended is appropriate and known illuminated requirement in that section This allows the Coast Guard to consider within the maritime industry. In for that alternative swing-meter, and to the system on which the charts will be response to these comments, we added ensure the existing requirement that displayed when determining if the § 140.665 which incorporates by both must be readable is met. charts will make safe navigation reference portions of NFPA 306 in order While there is no specific definition possible. The broader issue of electronic to address Marine Chemist inspections of ‘‘electronic position fixing device’’ chart systems would be addressed in a required prior to making alterations, found in 33 CFR 164.41, the term is separate rulemaking. The Coast Guard repairs, or other such operations generally now understood to mean a has made no changes from the proposed involving riveting, welding, burning or satellite navigation receiver, since that rule based on this comment. like fire-producing actions. was allowed as a stand-alone means of One commenter suggested that the We also added § 140.670 to address satisfying the requirement in 1983 (47 final rule should require that officers on the use of auto pilot on towing vessels FR 58243, December 30, 1982) and the watch listen to the Coast Guard adopting regulations, as suggested. This requirement was subsequently amended Broadcast Notices to Mariners (BNM) regulation is similar to auto pilot in 2011 once LORAN-based options and National Weather Service regularly regulations that apply to other classes of were eliminated (76 FR 31831, June 2, to avoid hazards. The commenter also inspected vessels. We view these 2011). suggested that ‘‘talk-back’’ capabilities additions as needed to ensure the safe The Coast Guard does not agree that be available for crew members that are operation of towing vessels and as 33 CFR 164.41 needs to be incorporated out of sight of the watch officer. consistent with our proposal for a in the requirements of proposed The Coast Guard does not agree with comprehensive subchapter M. § 140.725(b)(3), but we have added a the commenter’s suggestion to require We received several comments definition of ‘‘electronic position fixing navigational officers on watch to regarding proposed § 140.725. Three device’’ in § 136.110 that defines the maintain the suggested radio watch maritime companies and a professional term to mean a navigation receiver that aboard the towing vessel. Existing 33 association felt that the requirement for meets the requirements of 33 CFR CFR part 26 regulations address radio a fathometer on vessels along the Gulf 164.41. Also, we view the watch standing requirements. Moreover, Intracoastal Waterway is not needed recommendation for approval under whenever a vessel is operating in a because the channel is ‘‘static and series 165.130 as being overly Vessel Traffic Service Area, 33 CFR part marked,’’ and because the depth of the prescriptive to include in this final rule 161 provides additional requirements water only changes by a couple feet. An without first seeking comments on that for a towing vessel to maintain a radio individual stated that magnetic specific proposal. watch. compasses should be allowed on the Note that we reorganized § 140.725 for Also, the Coast Guard does not agree Gulf Intracoastal Waterway. Another greater clarity. We decided that with the commenter’s suggestion that a commenter thought that ‘‘electronic paragraph (a) was unnecessary so we ‘‘talk-back’’ requirement be made position fixing device’’ was a vague removed it, and we made proposed applicable for crew members that are term, and suggested either that it should paragraph (b) into introductory text, and out of sight of the watch officer. The be defined in § 136.110 or that the paragraphs (b)(1) through (4) became requirements contained in § 140.640 on definition in 33 CFR 164.41 should be paragraphs (a) through (d). pilothouse resource management incorporated in § 140.725(b)(3). This One commenter suggested that the address information sharing procedures. commenter also recommended that any guidance in CG–543 Policy Letter 10–05 Further, if the condition of the vessel or devices installed 1 year after the regarding carrying electronic navigation the construction of the vessel prohibits

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40048 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

direct communication between the in §§ 140.801 and 140.805 needed to Guard has made no changes from the members of the navigation watch team, safely maneuver the tow would be proposed rule based on these comments. then it is the responsibility of the vessel subjectively determined by the owner or We received several comments from owner or managing operator to provide managing operator of the vessel. One companies and a trade association that the necessary equipment to ensure that commenter felt that companies were not suggested the deletion of proposed communication is conducted in a determining horsepower or bollard pull §§ 140.815 and 140.820 concerning the manner that provides for safer operation accurately, and suggested that the Coast inspection of towing gear and related of the vessel. The Coast Guard has made Guard require that companies provide a recordkeeping. The comments suggested no change from the proposed rule based document from the engine manufacturer replacing these sections with on these comments. and certified naval architect that rates requirements from 33 CFR 164.74 and With respect to § 140.715, one the vessel’s horsepower using data towline and terminal gear requirements commenter suggested that at least two provided by the maker, the vessel’s gear from 33 CFR 164.76. Commenters felt Very High Frequency (VHF) radios reductions ratio, and the diameter and that this change will help reduce capable of Digital Selective Calling be pitch of the vessel’s propeller. confusion between the towing safety maintained on board and also that The Coast Guard does not concur. We regulations and these subparts. Another towing vessels operating outside of the included a definition of ‘‘horsepower’’ commenter suggested that we add text VHF range have long-band medium in the definitions section of part 136, to proposed § 140.820 to augment the frequency or high frequency radio and we see no compelling reason to recordkeeping requirements. equipment or a satellite system. Further, require additional testing that would not The Coast Guard agrees with the first the commenter recommended that all be appropriate for all towing vessels. commenter’s recommendations. We towing vessels should be capable of The definition of horsepower requires have deleted § 140.810 because receiving Maritime Safety Information that the determination of a vessel’s § 140.615 will require that towing gear Broadcasts. The commenter warned horsepower is made by the Coast Guard be examined before getting underway against provisions allowing cellular or a third-party organization during the for all towing vessels not subject to 33 radios as an alternative means of issuance of the COI, and is made using CFR 164.80 already, and we deleted required communication function. The objective information issued by the § 140.815 because it was merely commenter also suggested that changes manufacturer. The Coast Guard feels informational. We also amended § 140.820 to apply the recordkeeping to to equipment be required immediately that the concerns regarding the the inspections in 33 CFR 164.76 following a first inspection or no later determination of adequate horsepower instead of § 140.815 as previously than 5 years from the effective date of are addressed in other sections of part proposed. the regulations. 140 and are appropriately left to the The Coast Guard does not agree with The Coast Guard also agrees with the master’s assessment to the specific the commenter’s suggestion. Section second comment, and we have adopted aspects of the tow, towing vessel’s 140.715 reflects a performance standard an amended version of the commenter’s capability, and the prevailing from current regulations. As required by proposed change to § 140.820(b). We conditions. 33 CFR 164.72, as long as a continuous edited § 140.820 to remove ‘‘bridle’’ listening watch is maintained, the vessel The Coast Guard has made no changes from the recordkeeping requirements for is in compliance. It is the responsibility from the proposed rule based on these examination, because bridles are of the master to meet this performance comments. normally either attached to or are part standard. These requirements are One commenter suggested that a of the barge and it would be too onerous identical to those contained 33 CFR reference to guidelines from the AWO for industry to complete this 164.72 and 33 CFR part 26. The Coast RCP be included in § 140.801 because recordkeeping requirement on towing Guard has made no change from the the current language of the section left gear not under the continuous control of proposed rule based on this comment. too much discretion to the owners and the towing vessel. We received several comments from managing operators of towing vessels. One commenter suggested that the companies and individuals regarding One company suggested edits to description of TSMS recordkeeping towing safety in subpart H of part 140. § 140.801 that would have rendered it should include the acceptance of One commenter suggested deleting the inapplicable to excepted vessels, harbor electronic recordkeeping as an responsibilities listed in paragraphs (a) assist vessels, vessels operating in a alternative. Also, a commenter through (c) in proposed § 140.801 and limited geographic area, or vessels discussing the official log book replacing them with language from 33 operating on short hauls. mentioned the possibility of making CFR 164.74. The Coast Guard does not agree with false or late entries. A third commenter The Coast Guard does not agree with the commenter’s suggestion concerning supported the TSMS and requested that the commenter’s suggestion because 33 the inclusion of a reference to the AWO a towing vessel record as defined in CFR 164.74 only addresses towing RCP. Section 140.801 requires that the § 136.110 be the exclusive form of astern. The Coast Guard has made no owner, managing operator, or master of recordkeeping for all records cited in changes from the proposed rule based a towing vessel ensures compliance §§ 137.135, 137.210, and 138.215. on this comment. However, we have with the performance standards in As stated in 46 CFR 140.910(c), TVRs added ‘‘or officer in charge of a § 140.801. Those with this responsibility may be maintained electronically or on navigational watch’’ to the list of parties may rely on a TSMS, guidance paper. For towing vessels with a TSMS, who may be responsible for meeting the documents, or other sources in deciding however, § 140.910(b) states that requirements of this section, for greater how best to meet these requirements. another record—other than the TVR, as consistency with similar requirements Also, the Coast Guard does not agree provided by the TSMS, must be elsewhere. See discussion of § 140.210 with the commenter’s suggestion of maintained. We agree that this TSMS above for more. altering the applicability of § 140.801. record may also be in electronic or With regard to towing vessel The towing gear in § 140.801 is just as paper form. But to discourage false horsepower two commenters expressed important for those vessels the electronic entries, we have amended concern that the determination of commenter listed as for other vessels § 140.915(b) to add specific entry horsepower or bollard pull of the vessel subject to subchapter M. The Coast requirements for electronic records to

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40049

include the date and time of entry and One commenter expressed concern which improves operational name of the person making the entry. If regarding potential inconsistencies performance. The time invested in an error is discovered in an entry, any between the unofficial and official Coast complying with the recordkeeping entries to correct the error must include Guard logbook forms. The commenter requirements of this portion of the rule the date and time of entry and name of suggested that vessels operating on the is intended to provide sufficient benefits the person making the correction and Great Lakes should be exempt from the to offset the time invested. The Coast must preserve a record of the original requirement to maintain an official Guard has made no changes from the entry being corrected. logbook under § 140.905. proposed rule based on these comments. With regard to making false or late The Coast Guard disagrees with Two companies requested that the entries, we note that under 18 U.S.C. changing § 140.905 to exempt vessels definition of ‘‘towing vessel record or 1001, whoever knowingly and willfully operating on the Great Lakes. The TVR’’ as stated in § 136.110 be a makes a materially false, fictitious, or requirement to maintain an official log substitute for the official logbook, CG– fraudulent statement or representation comes from 46 U.S.C. 11301, and 706B or CG–706C, required in § 140.905. with respect to reports, records, or § 140.905(a) reflects the language of the The Coast Guard disagrees. Our verifications required by subchapter M statute, including the exception for definition of ‘‘towing vessel record or regulations, may be subject to criminal vessels on a voyage from a port in the TVR’’ allows that record to take a penalties. United States to a port in Canada. We variety of forms, ‘‘a book, notebook, or Regarding the third comment, the did make minor changes to this subpart: electronic record.’’ In § 140.905 of this Coast Guard recognizes that a towing In § 140.910(d), we corrected a logbook rule we identify vessels that are vessel owner or managing operator is reference that should have pointed to required under 46 U.S.C. 11301 to use required to compile records and reports § 140.905, and in § 140.915 we added a the official logbook, and in § 140.905(b) in multiple formats and in separate logs note observing that for towing vessels we specify the form of the official and ledgers. Each of these records have subject to 46 U.S.C. 11301, there are logbook. We did not propose to alter the relevance to the TSMS aboard a vessel additional logbook requirements in form of the official logbook in the and are a resource for the auditor and statute, and that § 140.915 does not alter NPRM, nor do we wish to do so in this the surveyor to review in order to requirements outside subchapter M to final rule. The official logbook is determine proof of adherence to the make entries in specific log books. standardized for all vessels required by requirements of the Safety Management One commenter suggested that statute to have it. The Coast Guard has System. The Coast Guard does not wish language from SOLAS V, regulation 28, made no changes from the proposed to impose a regulatory requirement that Records of navigational activities, be rule based on these comments. would result in unnecessary considered in place of the first sentence recordkeeping requirements upon of TVR requirements in proposed We received several comments from industry. Requiring all of these records § 140.910(c). The revision would have maritime companies, an individual, and to be kept in one central record system replaced proposed language about a a professional association suggesting for the purposes of this rulemaking chronological record of events with that the language in § 140.915 be would be impractical. The owner or language about activities and incidents clarified to state that the items must be managing operator of the towing vessel of importance to safety of navigation of recorded in accordance with the TSMS has the latitude to tailor their Safety the vessel, sufficient to restore a associated with the vessel and not Management System to define the complete record of the voyage. recorded in the TSMS itself. The Coast method and location of those records The Coast Guard disagrees. The Guard agrees, and amended § 140.915 to central to the safe operation, repair and requirements of SOLAS V are designed reflect this suggested change. maintenance of the towing vessel. We to meet the needs of an international One commenter asserted that the have not made changes from the seagoing community and provide for language in proposed § 140.1005, proposed rule based on these comments. much greater depth and comprehensive Suspension and revocation, is too broad Two commenters felt that the guidance than that of § 140.910(c). and potentially could lead to ‘‘outright proposed recordkeeping requirements in Additionally, the requirements of abuse,’’ in the commenter’s words, of §§ 140.905 and 140.910 are not § 140.910(c) have been tailored for use mariners for mistakes made without consistent with the 46 U.S.C. 11304. by the domestic towing fleet and criminal intent. A towing company The Coast Guard acknowledges that provide a reduced burden upon vessel suggested the deletion of § 140.1005 while the 2010 Act was enacted in owners and operators. In proposed because it is addressed in 46 U.S.C. October 2010, its requirement for an § 140.915, however, we have added a 7703. official logbook in 46 U.S.C. 11304 was reference to tests and examinations that The Coast Guard disagrees. We not addressed in our proposed rule. We are required by § 140.615. We believe believe it is appropriate and helpful to are not, however, amending § 140.905 or the commenter’s concern is addressed identify penalties that those holding a § 140.910 in this final rule. We will by reading § 140.910(c) in combination license, certificate of register, or consider addressing 46 U.S.C. 11304 with the specific reporting requirements merchant mariner credential may be requirements in a separate rulemaking of § 140.915, as amended. subject to. Our language in § 140.1005 is that would apply to all vessels subject We received two comments from similar, for example, to language in 46 to inspection, and not just those subject towing companies who felt that CFR 185.910 in subchapter T. In to subchapter M. Further, because 46 compliance with subpart I of part 140 reviewing § 140.1005(b) in response to U.S.C. 11304 makes reference to hours would be time consuming and a burden this comment, we added a source of service, we would again need to on companies and the Coast Guard. reference of 46 U.S.C. 7704 in the consider a separate rulemaking as we The Coast Guard acknowledges the introductory text of § 140.1005, and would want to seek comments on a documentation requirements of this paragraph (d) to include a security risk specific proposal before implementing portion of the rule do require some time element listed in 46 U.S.C. 7703. those requirements for towing vessels. and familiarity on the part of the crew. One commenter argued that the We have made no changes from However, we believe the documentation marine industry must understand that proposed § 140.905 or § 140.910 based will result in a higher level of the Coast Guard will take equal action on these comments. operational safety and effectiveness, against both mariners and companies for

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40050 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

violations of regulations in subchapter towing vessels. Noting that the individual suggested we edit proposed M. operating conditions may mitigate the § 141.110 (now § 141.305) by adding The Coast Guard has a broad range of need for survival craft, the Coast Guard ‘‘company’’ to those we identified options to enforce regulations against has modified the proposed requirements (‘‘owner or managing operator’’) who mariners, companies, or both. The for survival craft as described below to may choose to meet the functional OCMI will conduct an investigation and reduce the impact on the towing vessel requirements in this part instead of the make determinations as to appropriate industry. The Coast Guard believes that part’s prescriptive standards. course of action, which may include provisions of this final rule represent We do not agree. We do not see a need civil penalties or criminal actions. The the minimum requirement for safe to do so because our § 136.110 Coast Guard has made no changes from operation of an inspected towing vessel definition of ‘‘managing operator’’ the proposed rule based on this and notes that nothing in this rule includes organizations and if a company comment. would preclude a towing vessel operator owns the vessel, it would be covered by Lastly, a towing company pointed out from optionally carrying survival craft our definition of ‘‘owner.’’ that the regulations are currently written as excess equipment. The same commenter also suggested to assume a male captain and suggested In a comment on part 141, a that the designated approved third party that revisions should be made commenter suggested that all our provide written recommendations to the throughout the regulations to replace references to limited geographical areas cognizant OCMI regarding the OCMI’s gender-specific text with him or her, or should be expanded to include vessels acceptance of functional requirements, his or her. operating in harbor services. instead of the third party directly The Coast Guard agrees. We have In part 141 we proposed that, unless accepting them. amended the text in the final rule to required by the OCMI under We do not agree. A TPO may consult ensure we consistently use gender- § 141.305(c)(5), a towing vessel in a with the OCMI, but under proposed neutral language throughout the rule. limited geographic area need not carry § 141.110(c) (now § 141.305(c)(2)) the a survival craft. In this final rule, that TPO is free to accept a managing K. Lifesaving (Part 141) provision is reflected in the first area-of- operator or owner’s chosen means to We received several comments from operation column in Table 141.305 of meet the survival craft requirements of maritime companies, individuals, and § 141.305 and in footnote 1 of that table. § 141.305, so long as the means are an association regarding lifesaving Our definition of ‘‘limited geographic documented in the TSMS applicable to requirements in part 141. Several areas’’ in § 136.110 gives the COTP the the vessel. We believe these comments revealed misinterpretations discretion to determine limited documentation procedures are sufficient of the proposed rule, so we have made geographic areas in her or his COTP and do not see a need for the TPO to editorial revisions throughout this part, zone. We don’t see a need to change that provide written recommendations to the including some rearranging, definition based on this comment, cognizant OCMI regarding acceptance of restructuring, and renumbering of the which seems more focused on ensuring arrangements that satisfy the functional text, to improve clarity and readability. that vessels engaged in harbor services requirements. Three maritime companies share the same exceptions as those We did not receive comments on recommended deleting or revising part operating in a limited geographic area. § 141.115, Definitions, but noted that no 141 because of lack of demonstrable risk A vessel that engages in harbor services new definitions were proposed for this justifying additional costs to regulated may do so in multiple locations and part, and removed this section. entities. may not always be operating in a Additionally, as discussed elsewhere in The Coast Guard analyzed the limited geographic area, and is not this preamble, in response to requests casualty data balanced against the costs necessarily exempted from carrying for clarification on the appropriate associated with implementing this rule. survival craft. A vessel that engages in approvals for lifesaving equipment, we The details of this analysis can be found harbor services within a limited imported the definition of ‘‘approval below in the Regulatory Analysis geographic area as determined by the series’’ from 46 CFR 199.30 to the section of this final rule. As is discussed COTP, however, need not carry survival definition section for subchapter M and in more detail there, we found that the craft unless required to do so by the used that term in part 141 to identify the benefit of risk reduction was OCMI. applicable approval series for each piece commensurate to the cost or, in some In response to general comments of equipment cases, we revised the rule to avoid costs about having time to comply with We did not receive comments on the that exceeded the benefit. For the equipment-related requirements in incorporation by reference section, lifesaving requirements in part 141, the subchapter M, we amended § 141.105 to § 141.120, but we did move the contents Coast Guard estimates the annualized give existing towing vessels until the of that section into § 136.112 and made cost to be $3.2 million, with annualized earlier of either 2 years from the § 136.112 the centralized incorporation benefits of $4.4 million, resulting in a effective date of this rule or the date the by reference section for all of subchapter net benefit of $1.2 million per year. The vessel obtains a subchapter M COI to M. In addition, to better organize the positive net benefits estimate indicates comply with part 141 requirements. We various technical standards used that the potential risk reduction justifies added § 141.105(a)(2) to clarify that the throughout subchapter M, we also the additional cost of the part. delayed implementation provisions for consolidate central incorporation by The carriage, operation, and existing vessels do not apply to new reference sections for other parts into maintenance of certain approved towing vessels. We also revised § 136.112. lifesaving equipment is a fundamental § 141.105(c) to include a reference to An individual recommended that in aspect of being an inspected vessel. The SOLAS Chapter III as this is where § 141.205(a) we add ‘‘guidelines, Coast Guard analyzed the costs specific lifesaving requirements are instructions, and define level of associated with implementing lifesaving contained in SOLAS. authority’’ to what the TSMS must provisions of this rule and concluded Because the reference to functional include in addition to policies and that the largest costs associated with the requirements in proposed § 141.110 procedures. The same commenter also proposed rule arise from the carriage of only applies to survival craft, we recommended that in paragraph (b) of survival craft, particularly for inland relocated that text to § 141.305. An that section we require the TSMS to

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40051

‘‘include procedures ensuring that non- addition to being properly maintained carried on board unless the craft ensures conformities, accidents and hazardous and ready for use at all times. that no part of the individual is situations are reported to the company, The Coast Guard does not agree. To immersed in water. owner, or managing operator, the extent improperly installed On February 8, 2016, section 301 of investigated and analyzed with the lifesaving equipment would not be the Coast Guard Authorization Act of objective of improving safety and ready for use, the wording of § 141.230 2015 (2015 Act), Public Law 114–120, pollution prevention,’’ instead of simply addresses the commenter’s concern. We 130 Stat. 27, revised 46 U.S.C. 3104. The ensuring objective evidence of made no changes in response to this deadline in our proposed § 141.305(b)(6) compliance with the TSMS. comment. and (c)(6), and § 141.330(g), for a new The Coast Guard disagrees. We have Regarding § 141.235 and the standard for survival craft to meet to be deleted § 141.205 entirely because we inspection, testing, and maintenance of eligible for approval—‘‘must ensure that felt that it was redundant with part 138 lifesaving equipment, we received a no part of an individual is immersed in in general. As for the commenter’s comment from an association suggesting water’’—was based on provisions concern, § 138.220, Towing Safety that the content of 46 CFR 199.190, previously specified in 46 U.S.C. 3104. Management System (TSMS) Elements, which we reference in § 141.235, be The 2015 Act limited those standards requires that the TSMS include added as a stand-alone section in for survival craft to passenger vessels. documentation of the management subchapter M with modifications to We have therefore removed references organization in detail, personnel apply to towing vessel lifesaving to the deadline and those standards in management policies, and compliance equipment and to clearly specify when § 141.305(b) and (c), and § 141.330, and with other requirements of this any necessary factory maintenance is made edits to align the language with subchapter. required. the remaining functional requirements The Coast Guard does not agree. The We did not receive comments on the for survival craft. full text of § 199.190 contains We developed the cost estimates for general provisions section for part 141, maintenance requirements for various part 141 under the requirements of 46 proposed § 141.220 (now § 141.200), but types of lifesaving equipment, including U.S.C. 3104 before it was amended by the Coast Guard standardized our weekly, monthly, and annual the 2015 Act. Specifically, we posited approval phraseology both here and inspections and tests for lifeboats, that owners and operators of the throughout this subchapter and also rescue boats, and launching appliances. affected vessel population would only clarified the specific approval required The majority of towing vessels will not use inflatable buoyant apparatuses to for each equipment type. These edits are carry this equipment. Therefore, the comply with the out-of-water mandate. consistent with requests discussed inclusion of the complete text of To the extent that affected owners and below regarding § 141.305 to clarify the § 199.190 in subchapter M would add operators take advantage of the appropriate approvals for lifesaving little value. However, § 141.235 points relaxation of equipment requirements equipment. At the time of their the operator to § 199.190 where he or provided by the 2015 Act, this will inspection, every towing vessel must be she can search for the relevant testing result in an over-estimate of the cost of properly outfitted in accordance with and maintenance requirements for survival craft in this rule’s regulatory the route for which they are certificated. vessels that carry this equipment. In analysis. However, we further clarified in new § 141.235, we replaced the word As recommended, we deleted the § 141.200(c) that requirements in part ‘‘examination’’ with ‘‘inspection’’ to be terms ‘‘buoyant apparatus’’ and ‘‘life 141 are based solely on the areas where consistent with other related Coast float’’ from the Cold Water Operation a vessel operates. Guard regulations. Also, seeking portion of Table 141.305 because We did not receive comments on consistency with a similar provision in neither of these items satisfied the § 141.225, but we found that the § 142.240, we set the records retention minimum requirements for a vessel provisions of § 136.115 were more period to at least 1 year after the operating in cold water. In the Warm applicable to this part and cited this expiration of the Certificate of Water Operation portion of the table we section in new § 141.225(a) to reflect Inspection. removed the rows for life float and § 136.115’s provision that all towing We received several comments inflatable buoyant apparatus because vessels, not just those with a TSMS, regarding Table 141.305—Survival they are not specifically called out to may seek equivalencies. Similarly, we Craft. One commenter requested that all meet the minimum carriage redesignated § 136.115(c) as § 141.225(c) towing vessels be equipped with an out- requirements although they can be used to better align the provisions concerning of-water survival craft, like an inflatable as a substitute for a lower safety equivalencies of novel lifesaving buoyant apparatus. An individual felt precedence survival craft as described appliances or arrangements within part that life floats and buoyant apparatus in § 141.305(d). To avoid possible 141. In addition, we restructured references should be deleted from the confusion with ‘‘inflatable buoyant 141.225 by replacing proposed table, with the exception of references apparatus,’’ we changed ‘‘buoyant paragraph (a) with new paragraphs (a) in footnotes. A trade association and apparatus’’ to ‘‘rigid buoyant apparatus’’ and (b) to clarify the intent allowing individual noted two terms that should throughout the final rule. Also, to towing vessels to use alternate be changed; ‘‘life floats’’ because it was accurately reflect the safety precedence arrangements or equipment to meet this ordered removed by Congress by hierarchy of survival craft, we moved part. We also amended the heading of January 1, 2015, and the term ‘‘buoyant Inflatable Liferaft with SOLAS A pack to § 141.225 to better reflect this section’s apparatus,’’ which was suggested to be the bottom of each list. paragraph (d), which specifies that the replaced with ‘‘approved buoyant Also, we have revised the cognizant OCMI may require a towing apparatus’’ in order to comply with requirements for carriage of survival vessel to carry specialized or additional proposed § 141.305(c)(6). Another craft to exclude vessels operating in lifesaving equipment. commenter suggested that we edit protected waters, which we have An individual recommended text proposed § 141.305(b)(6) and (c)(6) by defined in § 136.110, unless survival edits to § 141.230 that would require the replacing ‘‘By 2015,’’ with ‘‘After craft are deemed necessary by the master to ensure that lifesaving December 31, 2014,’’ when specifying OCMI, and we have revised § 141.305(d) equipment is correctly installed in when survival craft may no longer be to allow for non-approved survival craft

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40052 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

to be carried as excess equipment where craft, unless determined necessary or if buoyant apparatus. Also, proposed no survival craft are required by this it is required in the TSMS for that § 141.220 would have required part, provided that the equipment is in particular towing vessel. A maritime lifesaving equipment to be of an good condition and maintained company suggested deleting the text, approved type, unless otherwise according to manufacturer’s ‘‘unless determined to be necessary by specified. We amended that section, instructions. the cognizant OCMI or a TSMS now § 141.200, to specify that lifesaving In order to further clarify the options applicable to the towing vessel,’’ from equipment for personal use need not be for complying with the functional proposed footnote 6, but didn’t provide approved by the Commandant if it is not requirements for survival craft, we have any reasoning for this suggestion. required by part 141. We also amended added a new paragraph to § 141.305, The Coast Guard does not agree with § 141.305(d) to allow the carriage of which includes text relocated from the proposed amendment to footnote 6. non-approved survival craft as excess proposed § 141.110. Under the new We believe this provision in proposed equipment, provided that the equipment § 141.305(c), the two options for footnote 6 is appropriate because the is maintained in good working complying with the functional OCMI (or author of the TSMS) should be condition according to the requirements for survival craft are able to evaluate any extenuating manufacturer’s instructions. meeting the prescriptive requirements circumstances associated with the We edited §§ 141.310 and 141.315 to in § 141.305(d) or employing alternative towing vessel’s operation that would make it clear that they are applicable to means, acceptable to the OCMI or TPO, require a survival craft when in general vessels that do not have an applicable and documented in the TSMS, if they are not needed when the towing TSMS. applicable. vessel is operating within 1 mile of As noted in our discussion of A towing company suggested that the shore. As noted below, however, based comments on § 141.305, the Coast Guard table include ‘‘Rivers and Canals’’ as an on another comment we did move the does not agree with the assumption that area of operation. text of this footnote to the vessel and its tow operating more The Coast Guard does not see a need § 141.305(d)(3)(iii). than 1 mile from shore could make it to for this suggested change. Table 141.305 Several commenters suggested that shore in the event of an accident. currently lists ‘‘Rivers’’ as an area of footnotes 5 and 6 in the table be moved Section 141.330 does not impose a operation and the definition of ‘‘rivers’’ into the regulatory text, and one separate requirement that ‘‘other in § 136.110 includes canals. commenter recommended deleting the survival craft’’ be carried: Instead it Another commenter suggested reference to OCMI approval when simply sets out the requirements for a removing all rows from the table where moving the text of footnote 6. skiff if the skiff is intended to be used equipment is not required. The same We agree that the content of proposed as a substitute for approved survival commenter suggested that operations footnotes 5 and 6, as well as footnote 4, craft required by Table 141.305. Table that are exempt from specific equipment should be moved into paragraph form in 141.305 prescribes the operating areas requirements be indicated by the word the regulatory text to aid the reader. where an approved inflatable liferaft is ‘‘none’’ in the appropriate field in the Therefore, we have inserted the required. As noted above, the Coast table. The Coast Guard agrees, and has provisions of these footnotes into Guard has included additional text in revised Table 141.305 accordingly. paragraphs (d)(3)(i)–(iii) of § 141.305. § 141.305 prescribing the hierarchy of We received several comments We disagree, however, with deleting the approved survival craft, and giving regarding the footnotes in Table reference to an OCMI determination. owners and operators the right to 141.305. Several commenters, including When moving the content of proposed substitute a survival craft of higher towing companies and associations, footnote 6, we did insert the source of precedence. For example, suggested deleting proposed footnote 1 the OCMI’s authority to make such a § 141.305(d)(3)(ii) allows an inflatable that referenced survival craft determination. liferaft approved under approval series determinations by the cognizant OCMI One company suggested that because 160.051 or 160.151 to be substituted for or as a requirement deemed necessary in of fast currents in some waterways, life an inflatable buoyant apparatus or rigid the applicable TSMS. Alternatively, an floats should be permitted to be retained buoyant apparatus. Similarly, an individual suggested that a towing as supplemental approved survival craft inflatable buoyant apparatus approved vessel operating in ‘‘limited geographic for limited applications as approved by under approval series 160.010 or life areas’’ be permitted to operate without the Coast Guard. Because of downriver float under approval series 160.027 may survival craft. flow, the time that the crew is in the be substituted for a rigid buoyant According to footnote 1 of Table water, and the time for life raft apparatus (§ 141.305(d)(3)(iii) and (iv), 141.305 in the final rule, survival craft deployment, the commenter states it respectively). If the operator would are not required on towing vessels would be difficult for crew to swim prefer to use a non-approved raft as a operating in limited geographical areas, against the Lower Mississippi River’s survival craft, the functional ‘‘unless survival craft requirements are current to catch the life raft that released requirements listed in § 141.305(b) determined to be necessary by the and inflated a period of time after the would apply to the raft. cognizant OCMI or TSMS applicable to crew member went into the water as We received several comments the towing vessel.’’ Though the Coast would happen with an automatic concerning the use of skiffs. One Guard does not support requiring deployment. This commenter notes that individual noted that the proposed rule survival craft on towing vessels crew members in the water would have contained no requirement that a skiff operating in limited geographic areas, a much better chance of reaching a life comply with any requirements for safe unless the OCMI or TSMS deems them float as they and it are swept downriver loading or buoyancy. The commenter necessary under § 141.225, operators of with the current at the same relative recommended that we amend these vessels are welcome to carry speed. § 141.330(a) to require compliance with properly maintained survival craft as The Coast Guard acknowledges the 33 CFR part 183. excess equipment. A towing company commenter’s concerns, and in The Coast Guard acknowledges that, recommended that towing vessels § 141.305(d)(2)(iv) we have permitted a for practical purposes, recreational boats operating within 1 mile of the shore life float approved under approval series complying with 33 CFR part 183 will should not be required to have survival 160.027 to be substituted for a rigid commonly be used as skiffs, but we

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40053

share the commenters’ concern The same commenter cautioned which is more stable than a tug. One regarding the potential for confusion against using the terms ‘‘skiff’’ and commenter suggested that the regarding the requirements for skiffs ‘‘rescue boat’’ interchangeably for fear of requirement to provide both life jackets that are used as survival craft. The Coast confusion between the functions of and work vests is redundant. Guard has revised § 141.330 to— these boats. The Coast Guard agrees that the • Clarify that skiffs may only be used As discussed earlier in this preamble, proposed Table 141.335 may have been as survival craft by towing vessels that the Coast Guard acknowledges the misinterpreted to mean that work vests do not operate more than 3 miles from commenter’s concerns and has added a were required to be carried as personal shore, definition for rescue boat in § 136.110. lifesaving equipment. Under § 140.430, • Include the source of the To further reduce confusion, we have work vests are not required, but are one requirements for safe loading and removed the proposed references to of three options for use by personnel capacity information (33 CFR 183.23), rescue boat in §§ 137.220 and 140.405, dispatched from the vessel or working and but retained them in § 140.420 to leave in an area without rails or guards. We • Correct a source reference for training or drill requirements in place clarified § 140.430 and removed Table marking requirements in paragraph (f) to for towing vessels that use a rescue boat. 141.335, as discussed above, and we match the same source we listed in Regarding the sections for lifejackets, have clarified § 140.430 to indicate the § 141.315 for survival craft. immersion suits, and lifebuoys appropriate use of work vests. The same commenter noted that (§§ 141.340, 141.350, and 141.360, Another towing company equipment referred to in proposed respectively), an individual noted that recommended that proposed § 141.335 § 141.330(g) would be approved under these sections do not contain provisions should clarify that immersion suits are not required on towing vessels that 46 CFR part 159, not part 141, suggested for vessels electing the Coast Guard travel along inland or Western Rivers. that we edit proposed § 141.330(g) to inspection option. We disagree. Sections 141.340, The commenter noted that proposed prohibit the carriage of skiffs after 141.350, and 141.360 do contain the Table 141.335 indicated that immersion December 31, 2014, unless the craft requirements for all towing vessels, suits are not required on vessels ensures that no part of the individual is whether they elect the Coast Guard travelling on limited geographic areas or immersed in water. inspection option or the TSMS option. rivers, but it does require immersion The Coast Guard agrees that reference We received several comments suits on vessels travelling on lakes, to the approval of survival craft is concerning lifejackets. Four commenters bays, and sounds and that there are inappropriate in part 141, and has requested clarification of the many lakes that fit subchapter M’s removed proposed paragraph (g). requirements for lifejackets at watch definition of lakes, bays, and sounds Additionally, we have revised the title stations. Three maritime companies and along the inland and Western Rivers of § 141.330 from ‘‘Other survival craft’’ an association suggested that one that are simply part of a vessel’s route, to ‘‘Skiffs as survival craft.’’ lifejacket per watchstander be required or an area to drop off barges. A commenter also suggested that we and made accessible. Commenters felt The Coast Guard disagrees with this not impose size requirements on a skiff that the requirement to store lifejackets recommendation. In our immersion suit because the entire tow or the towing at ‘‘watch stations’’ is difficult to define requirements in § 141.350, the vessel could usually make it to shore for for deckhands because they are mobile; allowance for towing vessels operating evacuation purposes in any type of one commenter stated that the term on rivers or in limited geographical catastrophic event, or alternatively we ‘‘watch station’’ needs to be defined. areas to not carry immersion suits should include an inflatable raft as an The Coast Guard does not believe that assumes that rescue or emergency ‘‘other survival craft.’’ we need to define ‘‘watch station,’’ but assistance would be close at hand, thus As already discussed in the context of we make clear that lifejackets must be limiting the duration that a person § 141.305, towing vessels operating in immediately available to those standing would be immersed in cold water. We limited geographical areas or on rivers watch as well as to other crew. The cannot make this same assumption on within 1 mile of shore are only required bridge and the engine control room are lakes, bays, and sounds. We have not to carry survival craft if the cognizant examples of watch stations. As specified made changes from the proposed rule OCMI determines that they are in § 141.340(b), for towing vessels with based on this comment. necessary. However, in other operating berthing aboard, lifejackets would need The Coast Guard removed proposed areas where we cannot assume that the to be immediately available for § 141.335 and Table 141.335 because vessel can make it to shore, a skiff used watchstanders there as well as at other they contained the same information as as a substitute for a survival craft must manned watch stations. § 141.340 and § 141.350. be capable of carrying all personnel Two commenters asserted that the We revised proposed § 141.340(d), onboard. As reflected in both § 141.330 COI should list the total number of now § 141.340(c), to clarify that the and footnote 2 of table 141.305, vessels persons allowed on a vessel and state option to use alternative means to that operate more than 3 miles from the same number of lifejackets and comply with the lifejacket requirements shore may not use a skiff as a substitute space in a survival craft be available. also applies to non-TSMS vessels, and for a survival craft except for those An inspected vessel’s COI will state to cross reference back to § 141.225. operating in warm water on the Great the total number of persons allowed on Several commenters, including Lakes or Lakes, Bays and Sounds. the vessel as well as applicable maritime companies, suggested that a One commenter listed several factors lifesaving equipment that is required paragraph be added to note that that should be considered when onboard the vessel. These numbers are lifejackets that are stored on open racks, approving existing and new ‘‘skiffs.’’ based on determinations made by the where the jackets are clearly seen, do However, the Coast Guard does not OCMI issuing the COI. not need labels. intend to ‘‘approve’’ skiffs. Provided One commenter suggested that crew The Coast Guard agrees that that the skiff meets the requirements of on manned barges in the Great Lakes, clarification was necessary, so we have § 141.330, it may be used as a substitute over 3,000 GRT, should not be required revised and consolidated proposed for approved survival craft, as reflected to have work vests because the § 141.340(e) and (f) into new in Table 141.305. personnel mostly remain on the barge, § 141.340(h) to make clear that the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40054 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

stowage location marking requirements Coast Guard published a final rule consistent with industry practice. On only apply to lifejackets stowed in a entitled, ‘‘Lifesaving Devices— towing vessels of less than 79 feet, they berthing space, stateroom, or lifejacket Uninspected Commercial Barges and suggested reducing the required number container, including those stored in Sailing Vessels’’ (79 FR 53621). In the of lifebuoys to two from the proposed racks in these types of interior spaces. course of that rulemaking, we discussed number of three. On towing vessels of The Coast Guard has made additional and evaluated the feasibility of requiring more than 79 feet, they suggested editorial revisions to this section to lifebuoys on barges, and found the costs requiring four, in lieu of what we had remove redundancies and to locate all to outweigh the benefits. However, proposed, which was four, plus one on lifejacket requirements in this section, vessel owners or managing operators each side of the primary operating rather than cross-referencing 46 CFR may opt to carry additional approved station and one at each alternative subchapter W, and we have made lifebuoys for this purpose. operating station if the vessel is so amendments to §§ 199.01 and 199.10 of A mariner’s association and an equipped. subchapter W, to clarify that subchapter individual believed that efforts towards The Coast Guard agrees that two W does not apply to towing vessels. We the protection of personnel from cold lifebuoys are appropriate for a towing also numbered the rows of Table weather should include the requirement vessel between 26 and 79 feet in length, 199.10(a), to aid any possible future of anti-exposure work suits for water and has reduced the required number edits. temperatures below 59 degrees accordingly in amended § 141.360(a)(2), A towing company suggested Fahrenheit, as cited in the NVIC 7–91. consistent with lifesaving regulations amending proposed § 141.340(d) to be One commenter suggested that NVIC 7– for inspected vessels of similar size. consistent with TSAC recommendations 91 be rewritten to include ‘‘cold water’’ Similarly, the Coast Guard agrees that for stowing lifejackets. This particular areas found on navigable rivers in the proposed text appears to require TSAC recommendation refers to the addition to its present coastwise more lifebuoys than is practical on a TSMS option which allows alternative coverage. towing vessel of more than 79 feet in means to meet the requirements of this Consistent with recommendations in length, and has amended § 141.360(a)(3) section, and also outlines language NVIC 7–91, we proposed in § 141.350 to to clarify the requirement by stating the requiring the approved TSMS to specify require immersion suits for towing minimum number of lifebuoys and their the number and location of lifejackets to vessels that operate north of latitude 32° placement independently. Also, we facilitate immediate accessibility at N. or south of latitude 32° S. if the removed reference to primary and normally occupied spaces. vessel does not operate exclusively on alternative operating stations. Vessels The Coast Guard has reviewed the rivers or in a limited geographic area. At with more than one operating station TSAC recommendations and its these latitudes water temperatures drop will now be required to carry lifebuoys proposed edits to draft regulatory text below 59 degrees Fahrenheit during a on each side of any operating station, as related to lifesaving requirements in typical year. While the Coast Guard practicable. We are aware that some of their entirety and confirm that our agrees that anti-exposure work suits of the operating stations may have limited revisions to proposed § 141.340(d) (now the type approved by the Coast Guard space available or may not have a way § 141.340(c)) are consistent with those under approval series 160.053 or to access the sides. In these cases, recommendations. 160.153 provide valuable thermal owners and operators need to work with We received comments from maritime protection to workers on deck, they are the local OCMI to determine an companies and an association that not intended to get wet. Immersion suits acceptable equivalent for the operating recommended that the requirement for are specially tested and approved for station concerned. posting of placards with information thermal protection during prolonged As above in §§ 141.340(c) and regarding use of lifejackets be deleted, immersion in cold water. As in 141.350(a)(3), we revised the text in and that information in another format § 141.340(c) above, we revised the text § 141.360(a)(4) to clarify that the option be provided on the vessel instead. in paragraph (a)(3) to clarify that the to use alternative means to comply with While the Coast Guard believes that option to use alternative means to the lifebuoy requirements also applies proper donning and use of the PFD comply with the immersion suit to non-TSMS vessels and to cross plays a large part in survival, we note requirements also applies to non-TSMS reference back to § 141.225. that this information is covered by the vessels and to cross reference back to Other commenters, including an safety orientation required by § 141.225. association and an individual, § 140.410(b). Accordingly, § 141.345 has We received several comments, from recommended that § 141.360 require a been removed from this rulemaking. maritime companies and others, specific commercially available One commenter recommended that, at requesting proposed § 141.360(a)(1) be throwable PFD, instead of the a minimum, each towing vessel should deleted because subchapter M does not traditional ‘‘lifebuoy’’ because lifebuoys be required to furnish a throwable apply to vessels less than 26-feet long. can only be thrown a relatively short flotation lifesaving device on the end of The Coast Guard does not agree. distance. each barge or tow available and ready Section 136.105 makes subchapter M The Coast Guard has revised for use at all times to rapidly retrieve a applicable to towing vessels of less than § 141.360 to allow for throwable devices person who falls overboard. The 26 feet if the towing vessel is pushing, approved under approval series 160.050 commenter noted that without a pulling, or hauling a barge that is or 160.150 to satisfy the prescriptive ‘‘lifebuoy’’ or equivalent, if a person carrying oil or hazardous material in requirements of this section, provided falls overboard from a single barge tow, bulk, and the requirement in that the vessel is not subject to SOLAS. the nearest throwable lifesaving device § 141.360(a)(1)—to carry a minimum of An approved lifebuoy, or another may be on the towboat itself and may one lifebuoy of not less than 510 throwable PFD approved under be 100 to more than 1,000 feet and millimeters (20 inches) in diameter— approval series 160.050 or 160.150 as minutes away. applies to those towing vessels. equivalent to a lifebuoy, would satisfy The Coast Guard recognizes the We received several comments from this requirement. Consistent with commenter’s concern, but the comment maritime companies and associations specifying performance objectives when is outside the scope of this rulemaking. suggesting that the required number of possible, rather than specifying the We note that on September 10, 2014, the lifebuoys on towing vessels be behavior or manner of compliance that

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40055

regulated entities must adopt, we did to use a different standard for similar addition to that required under not adopt the commenter’s suggestion requirements on other types of subchapter M and that this excess that we require a specific commercially inspected vessels. equipment need not be Coast Guard available throwable PFD. One commenter suggested that the approved. We do not see a need to Regarding proposed § 141.360(b), a number of alternative lifebuoys be left to require the person-overboard recovering company suggested that the reference to the OCMI to decide. equipment, in addition to the lifesaving release of lifebuoys in § 199.70(a)(1)(v) As noted above, we have reduced the equipment required in this rule. would not be necessary for most towing number of lifebuoys below what we One commenter recommended a vessels, particularly those operating on proposed in the NPRM. We do not public hearing to discuss the lifesaving inland waters. Some commenters also believe an appropriate level of safety is equipment approval process within the felt that the wording for § 141.360(b)(2) met by further reducing that number. Marine Safety Directorate, and to agree should be rewritten but did not provide Under § 141.225, however, the OCMI on what changes can encourage suggestions. may require additional lifebuoys as innovative lifesaving devices for The Coast Guard agrees that the deemed necessary based on the commercial vessels. requirements of § 199.70(a)(1)(v) is not operating area. This recommendation is outside of the most appropriate for towing vessels, Lastly, an individual asserted that in the scope of this rulemaking, as this rule and further notes that the cross order to quickly identify lifebuoys as applies only to the carriage of approved reference to § 199.70 in § 141.360(b) safety equipment, all lifebuoys should lifesaving appliances on towing vessels, creates unnecessary confusion as to be colored orange. and does not address the process by The Coast Guard believes that which requirements apply. The Coast which that equipment is approved. We lifebuoys are readily recognized as Guard has revised § 141.360 to remove have made no changes from the lifesaving equipment, regardless of the reference to § 199.70(a) and to proposed rule based on this comment. color. However, in § 141.360(b)(5) we include only those requirements that are We received several comments intended to apply to lifebuoys on require that lifebuoys must be orange on vessels on an oceans or coastwise route, suggesting edits to the Miscellaneous towing vessels. Lifesaving Requirements table, Table Three commenters felt that where visibility could be obscured by 141.370. We received two comments § 141.360(b)(2) should be amended to white caps. from maritime companies, suggesting clarify that floating electric water lights One commenter pointed out that amendments to the table clarifying are not required for towing vessels proposed § 141.365 includes procedures which vessels require six flares and operating solely on Western Rivers. in the TSMS for the prompt recovery of The Coast Guard does not agree. The a person from the water, and for the which require 12. One association fitting of lights to lifebuoys increases the training of crewmembers responsible for suggested that in order to be consistent likelihood that the person in the water recovery in effectively implementing with other table styles, instead of the will be located and retrieved, such procedures, applies only to towing three columns for Emergency Position irrespective of the operating area. vessels under a TSMS and not to vessels Indicating Radio Beacon (EPIRB) stating However, under revised § 141.360(c)(2) that elect Coast Guard inspection. This ‘‘Yes’’, the columns should just indicate and (3), the floating electric water light commenter recommends that the rule ‘‘1’’. is not required for towing vessels also address this issue for towing vessel The Coast Guard agrees that our limited to daytime operations. choosing the Coast Guard inspection proposed Table 141.370 is confusing. An individual indicated that the option. We have made appropriate revisions to proposed rule did not clearly state the The Coast Guard does not agree with the table and the regulatory text of the floating electronic water light should requiring these written procedures for first section it references, § 141.375. not be attached to the lifeline. those vessels choosing the Coast Guard One commenter recommended that As noted in § 141.360(c)(4), the option. Vessels choosing the Coast the table in this section include ‘‘Rivers floating electric water light is to be Guard option will be required to get and Canals’’ as an area of operation. secured around the body of the lifebuoy, underway to conduct drills for a Coast As we said in response to the same which is consistent with language Guard inspector and the retrieval of a comment regarding Table 141.305, the applicable to other inspected vessels. man-overboard may be required as part definition of ‘‘rivers’’ in § 136.110, The Coast Guard feels that this language of these drills. Therefore, the procedures which applies to the term used in § 141.360(c)(4) is clear. and training will be examined through throughout subchapter M, includes One commenter felt that using practice rather than through audit of the canals. We have made no changes from millimeters in proposed § 141.360(b)(3) SMS. However, we did find that the proposed rule based on this was unnecessary and could result in an proposed § 141.365 was redundant with comment. inspector rejecting a lifeline if he or she § 138.215 and removed it from the final Several commenters suggested that determined it is only 908 mm in length rule. ‘‘excepted towing vessels’’ operating instead of the required 910 mm. The We received two submissions from solely on Rivers or Western Rivers be commenter suggested that we use commenters requesting we add a exempt from carrying distress signals. meters instead of millimeters. requirement for specific commercially We received several comments, mainly The Coast Guard does not agree. The available person-overboard recovering from individuals and maritime millimeter equivalents to the 3 and 6 equipment. One commenter said that companies, who felt that the visual foot standards in the corresponding recovery equipment to receive distress signals should not apply to paragraph of this final rule, unconscious personnel from water Western Rivers or inland river systems. § 141.360(c)(3), are consistent with should be required. Another commenter felt that flares and similar regulations for other inspected The Coast Guard is not in the position smoke signals required in proposed vessels. See, for example, 46 CFR 117.70 to require carriage of a specific § 141.375(b) were not needed for vessels and 180.70. The more precise metric commercial product. Based on these operating on rivers one mile wide. A equivalent leaves less of a gap between comments, however, we have added text maritime company disagreed with the it and the English units. The Coast to § 141.200 to allow a towing vessel to requirement for single flares on harbor Guard does not see a compelling reason carry additional lifesaving equipment in and fleeting tugs.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40056 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

The Coast Guard does not agree. The the effective date of these rules should portable fire pumps, the requirements carriage, proper stowage, training, and be a type which includes a satellite for a professional engineer (P.E.) to use of visual distress signals influence position in its distress alert. certify fire detection systems, and any survivability of the crew in the event of The Coast Guard recognizes the merit requirements relating to onboard fire- an emergency that would require of enhanced locating devices, but the fighting. Each of these comments is evacuation. As we noted above, time to benefit of adding enhanced GPS locating discussed in greater detail in the rescue is influenced by the ability to functionality to an EPIRB does not following item-by-item responses. detect persons in distress. If there is outweigh the costs associated with In general, the nature of the public insufficient evidence that crewmembers making it mandatory for all towing comments made it clear to us that the are in trouble, it is less likely they will vessels, particularly before it is organization of part 142 was confusing receive the assistance they need. mandatory for other types of inspected and could be greatly improved by One commenter felt that phrases such vessels. Though the Coast Guard may placing in subpart B all of the general as, ‘‘approved under 46 CFR subpart consider this matter holistically in the requirements that are applicable to all 160.021 or other standard specified by future, we have not made changes to the towing vessels—such as equipment the Coast Guard’’ is vague and should proposed rule based on this comment. approvals, fire hazards to be minimized, instead reference approval series found However, this does not preclude a storage of flammable liquids, portable in 46 CFR 199.30. vessel operator from optionally carrying fire extinguishers, firefighter’s outfits, The Coast Guard agrees and has such equipment. fire axes, and maintenance and revised the regulatory text in part 141 to We received comments from three training—and placing in subpart C the specify the approval series applicable to maritime companies that felt that specific requirements for fire- all lifesaving equipment required to be because a tug is able to retrieve a barge extinguishing and fire detection systems approved. The Coast Guard believes that without boarding, and because boarding applicable only to certain vessels. specifying the appropriate approval a drifting barge is dangerous, the line Accordingly, we reorganized part 142 by series assists the vessel owners and throwing requirement in § 141.385 is deleting redundant requirements for managing operators in determining not needed. fixed fire-extinguishing systems in The Coast Guard notes that the line- whether specific equipment is approved proposed § 142.235, and moving the throwing appliance was only proposed for a particular application. requirements for portable fire to be carried on towing vessels We received several comments, extinguishers from proposed § 142.305 operating on ocean routes, and is not particularly from maritime companies, to § 142.230(d), the requirements for necessarily intended for boarding a suggesting the deletion of § 141.380(c), firefighter’s outfits from proposed drifting barge. The line-throwing which requires identification markings § 142.350 to a new § 142.226, and the appliance can be used to pass a line to on each EPIRB. requirements for fire axes from The Coast Guard does not agree. another vessel if the towing vessel is proposed § 142.350 to a new § 142.227, When we find an unattended EPIRB, it incapacitated and needs to be towed. but we did not change any is important that we know what vessel One association suggested broadening requirements, except in response to it came from, so that we can mount a the line throwing apparatus requirement public comments as discussed in the more focused and effective rescue to include towing vessels in coastwise following paragraphs. Section 142.235 response. service that operate beyond the in this final rule now contains One company requested an exception boundary line. requirements for vessels contracted for from the EPIRB requirement for vessels The Coast Guard agrees that vessels in prior to November 19, 1952. operating within coastal bays or sounds coastwise service will be subject to that may occasionally operate at greater similar conditions, and have expanded With respect to proposed § 142.105 on than 3 miles from shore. this requirement to include them, applicability, one commenter requested In § 141.380, we did propose to consistent with other inspected vessels that we add text to indicate that vessels require EPIRBs on vessels operating (see 46 CFR 199.170 and 199.610). We exempted from 46 CFR part 27—which upon the Great Lakes beyond 3 nautical have amended § 141.385 accordingly. currently applies to most towing vessels that will become subject to subchapter miles from shore but not on vessels L. Fire Protection (Part 142) operating on lakes, bays, and sounds. M requirements—need not comply with The Coast Guard acknowledges the The fire protection standards part 142. We partially agree with this conflict between § 141.380 and Table proposed in Part 142 retained most of commenter. In § 142.300, we have 141.370, and has made the appropriate the fire protection regulations that established that excepted vessels need revisions to the table to exclude vessels currently apply to towing vessels and not comply with the provisions of on lakes, bays, and sounds from the are contained in 46 CFR parts 25 and 27. subpart C regarding fixed fire- EPIRB requirement. The public comments received in extinguishing equipment; our definition One commenter stated that the response to proposed part 142 provided of ‘‘excepted vessels’’ in § 136.110 requirement for EPIRBs does not a number of suggestions aimed at includes many of the vessels excluded mention requirements for hydrostatic improving the clarity of the from part 27 applicability by release. requirements based on several years of § 27.100(b). We note that § 141.380(b) requires operating experience with the current But, we do not agree that these vessels that the EPIRB be mounted such that it regulations. We have incorporated many should be exempt from the general fire will float free if the vessel sinks. of these suggestions in an effort to make safety provisions in subparts A and B. Hydrostatic release is one of several part 142 more user-friendly, and made These requirements implement methods for meeting this requirement. additional editorial revisions to improve minimum standards for portable fire We made no changes from the proposed clarity and readability. We also received extinguishers and control of rule based on this comment. some comments critical of specific combustible materials, which we One commenter suggested that provisions in the NPRM. Most notable believe are essential on board all § 141.380(a) be consistent with NTSB are objections to the requirements for vessels. Accordingly, we did not adopt Recommendations M–10–1 and flammable liquid storage cabinets on the broad exemption recommended by suggested that each EPIRB installed after inland towing vessels, the use of the commenter.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40057

We revised § 141.205(a) to include a The revised requirement would accept submitted regarding the proposed reference to SOLAS Chapter II–2 as this exhaust systems designed to either requirements for the carriage of is where specific fire protection Standard P–1 of the American Boat and firefighter’s outfits covered by proposed requirements are contained. Yacht Council (ABYC) or Standard 302 § 142.345 (now § 142.226 as noted With respect to § 142.215, one of the National Fire Protection above). One commenter recommended commenter suggested that the Association (NFPA) as equivalent forms that the proposed standards should be installation of excess fire-fighting and of protection. These additional means of enhanced by listing the specific fire detection equipment on a vessel protection will provide operators of equipment required for each firefighter’s must be designed, constructed, installed existing vessels a wider range of choices outfit. Others recommended that the and maintained in accordance with to comply with the rule. As noted requirements for the carriage of recognized industry standards above, proposed § 142.220(c) was firefighter’s outfits should be deleted in acceptable to the Coast Guard. We agree moved to § 144.415 as this requirement their entirety, since in their opinion it with this comment and have added a is more closely related to part 144. is too dangerous for crewmembers to paragraph (c) to this section to address We received several comments enter a burning engine room, and would equipment that is installed but not objecting to requirements in § 142.225 be better advised to abandon ship in the required by this subpart. Because there for approved flammable liquids storage event of a serious fire. may be existing vessels affected by this, cabinets on boats operating on the We have not removed the we have included provisions that allow Western rivers. These commenters requirements for firefighter’s outfits. We the local OCMI to accept existing appear to have misinterpreted the proposed firefighter’s outfits for a equipment of any design as long as it is proposed rule. We proposed that limited class of vessels. Only vessels of determined to be in serviceable combustible and flammable liquids be 79 feet or more, operating on ocean or condition. Additionally, we have stored in a controlled area, either a coastwise routes, that do not have a clarified the wording regarding specific room or a dedicated storage fixed fire suppression system in the approved equipment in order to cabinet. An approved storage cabinet is engine room are required to carry standardize this language throughout an option and not a required piece of firefighter’s outfits. These vessels are the subchapter. equipment. Related to this, one primarily existing vessels that were Several commenters expressed commenter recommended that we also contracted for prior to August 27, 2003. concern that the proposed requirements accept flammable liquid storage cabinets The Coast Guard believes that these in § 142.220 appeared to prohibit the that are Factory Mutual approved. We vessels, which operate on the open presence of any combustible and agree with the commenter that Factory ocean should have enhanced fire- flammable liquids in the bilges at any Mutual cabinets provide an equivalent fighting equipment because timely time. They noted that the accumulation level of safety as those approved to UL outside assistance is unlikely, and in the of some amounts of combustible and 1275, a voluntary consensus standard event of an engine room fire the crew flammable liquids in the bilges is used in the NPRM and this final rule, must be able to provide onboard unavoidable during normal operations, and have added a new § 142.225(c)(2) to response. Vessel operators that believe and requested changes to this section. accept their use. Another commenter that fire-fighting poses an unacceptable We agree that small amounts of such felt that securing the cabinets to the risk to the crew have the option of liquids are likely to be present; vessel should not be required on the installing a fixed fire-extinguishing however, we also want to clearly Western Rivers, but offered no system in the engine room. express our concerns over the justification for the comment. We One commenter requested changes to accumulation of considerable quantities acknowledge that vessels operating on § 142.230 that would allow two size B– of liquids that could be a fire hazard. the river system are subject to less III semi-portable fire extinguishers on We therefore modified the text of significant wind and wave motions than smaller vessels to substitute for the § 142.220(a) to indicate that the bilges are experienced by ocean-going vessels, required B–V extinguisher, which in should be kept as clear as practical. but do not agree with the commenter their opinion, is difficult to handle due Another commenter felt that the that flammable liquid storage cabinets to its size. We do not agree with this proposed requirements in proposed should be unsecured. Any sudden comment. As noted in the 2004 Fire- § 142.220(c) (now § 144.415) for the acceleration or movement of the vessel Suppression Systems and Voyage insulation of exhaust pipes and galley could dislodge the cabinet, causing a Planning for Towing Vessels final rule cooking equipment exhaust ducts flammable liquid spill potentially (69 FR 34064, June 18, 2004), the should apply only to new vessels leading to a fire. We have not made any severity of an engine-room fire is not because it would be difficult to retrofit changes as a result of this comment. related to the length of the vessel, but existing vessels, and the risk does not Finally, we received one comment to the fire hazard present in the engine warrant added protection. We do not suggesting that § 142.225 should contain room. The use of marine diesel fuel oil agree with this commenter, and have information on the storage of hazardous poses a sufficient hazard to warrant the not changed the requirement. There material in ships’ stores. We believe higher fire-suppression capability of a have been recent exhaust system fires these materials are adequately covered size B–V extinguisher. However, we are (discussed in our Safety Alert 05–08, by regulations in 46 CFR part 147, concerned that some operators may be dated September 17, 2008) in which the which apply to towing and other vessels installing semi-portable extinguishers cause was attributed to the installation subject to inspection under 46 U.S.C. that are fitted with wheels. These types of new diesel engines that run at hotter 3301, and need not be repeated here. of extinguishers are intended for use in temperatures than previous models. We In § 142.226 (proposed § 142.345), and shore-side applications and, if used on believe that the potential fire risk is the throughout this part, we changed all board vessels, they need to be secured same on both new and existing vessels. references from fireman to firefighter. to prevent possible injury to the crew. However, to alleviate concerns about We also removed the reference to the We have consequently added a installing insulation on the exhaust Mine Safety and Health Administration supplemental provision to § 142.230(e) systems of existing vessels, we have because this agency no longer approves that requires that any extinguishers added to § 144.415 two alternate self-contained breathing apparatus for fitted with wheels must be welded or methods of demonstrating compliance. normal use. A variety of comments were otherwise secured to the vessel.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40058 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Another commenter noted that of clean agent fire-extinguishing systems proposed § 142.240(c), now § 142.240(a), because the NPRM splits discussion of as an alternative to carbon dioxide with ‘‘fire dampers.’’ It was not our the fire extinguisher requirements systems. Because of this, it was intent to require the testing of fusible- between § 142.230 and proposed necessary to change the inspection and link fire dampers. The proposed § 142.305, it was difficult to determine testing requirements for fire- requirement was directed at pressure- what is actually required; the extinguishing systems in Table 142.240 operated dampers installed in engine commenter requested a single chart with to include criteria for the inspection and room ventilation ducts. These dampers all of the fire extinguisher requirements testing of the new clean agents. We have are automatically operated by the engine in one location. We agree with this also slightly modified the definition of room fire-extinguishing system, and commenter and have relocated all of the ‘‘fixed fire-extinguishing system’’ in must close prior to system discharge to portable hand-held fire extinguisher § 136.110 to comport with the revised prevent the leakage and dilution of the requirements to § 142.230(d) and definition in new 46 CFR 27.101. fire-extinguishing agent. To clarify what deleted proposed § 142.305. The Additionally, we changed ‘‘maintain’’ dampers we intended to be tested, we proposed text in § 142.230(d) relating to to ‘‘test and inspect’’ in the water mist have changed ‘‘dampers’’ to ‘‘fixed fire- extinguisher labeling and nameplates ‘‘test’’ field in Table 142.240, to more extinguishing system pressure-operated has also been deleted, since this is an accurately reflect the intent of this dampers.’’ We have also added this approval requirement covered by 46 requirement. phrase to § 142.240(a)(5) to clarify that CFR 162.028–3(f) and 162.028–4, and is Several comments related to the these dampers must be tested as part of not appropriate for inclusion here. proposed regulatory text in § 142.240 the fire-extinguishing system inspection Requirements for semi-portable B–V fire revealed that this section was confusing procedures. extinguishers remain in § 142.315. and did not clearly convey our intended One commenter requested a As previously noted in the general requirements. During our further review modification to the carbon dioxide discussion of Part 142, we have deleted of proposed § 142.240 we noted that the cylinder tests required by Table 142.240 the content of proposed § 142.235 NPRM used inconsistent wording and that would remove the requirement to because it contained a superfluous tended to use the terms ‘‘examination,’’ weigh the cylinders, and in its place requirement that fixed fire- ‘‘test,’’ and ‘‘maintenance’’ permit the use of liquid level indicators. extinguishing systems must be approved interchangeably, which contributed to We do not agree with this requested by the Commandant, which is already the confusion. We have, therefore, modification. The Coast Guard has required by § 142.215(a). We also revised the text and format of this historically required that carbon dioxide deleted the requirement that carbon section to improve its clarity and cylinders must be weighed to determine dioxide systems must be designed in consistency. All testing and inspection the amount of extinguishing agent (see, accordance with 46 CFR part 76, subpart requirements are stated in paragraph (a), e.g., 46 CFR 91.25–20(a)(2) and related 76.15, because this is covered in the all maintenance requirements are in table), because weighing is the only definition of ‘‘fixed fire-extinguishing paragraph (b), and requirements for reliable method to check the quantity of system’’ in § 136.110. recordkeeping are in paragraph (c). We carbon dioxide in the cylinders that the One commenter suggested that all have also replaced the word Coast Guard recognizes. Liquid level new installations of fixed fire- ‘‘examination’’ with ‘‘inspection’’ to be measuring systems use various types of extinguishing systems should be consistent with other Coast Guard sensing elements that show the location required to undergo plan approval by regulations. of the liquid/gas interface within the the Coast Guard prior to installation. We We received numerous comments cylinder. With that knowledge, a do not agree with this comment and requesting that the proposed text of this technician is able to calculate the have not changed the proposed rule to section be modified to require fire quantity of agent. We have no objection require plan approval by the Coast suppression and fire detection systems to the use of liquid level indicators for Guard. We believe requirements in be inspected or tested annually or in checking the quantity of halocarbon § 144.135 are sufficient. That section accordance with the TSMS applicable to clean agents, because a liquid/gas requires verification of compliance with the vessel. We agree with this view and interface can be easily determined. This construction and design standards have changed § 142.240(a) to require is not the case with carbon dioxide, before a new installation that is not a inspection or testing at least every 12 however, which has a critical replacement in kind may be installed. months—as we proposed in temperature of 87.8 degrees Fahrenheit. We changed the inspection and testing § 142.240(c)—or more frequently, if Below the critical temperature, carbon criteria in Table 142.240 to harmonize required by the vessel’s TSMS. dioxide in a closed container may be this regulation with the Carbon Dioxide Several comments also proposed that part liquid and part gas. Above the Fire Suppression Systems on the TSMS should be the exclusive form critical temperature it is entirely gas, Commercial Vessels final rule (77 FR of recordkeeping for test and inspection making the use of such measuring 33860, June 7, 2012), a separate rule results. We do not agree with this devices impractical. related to fire suppression systems on comment. For flexibility, we have One commenter requested that we commercial vessels that was published proposed that the records may be kept change § 142.245 to require all records after we published our NPRM. We made in accordance with an applicable TSMS, of training and drills to be kept in the reference to that ongoing rulemaking the TVR, or the vessel’s logbook, TVR. We do not agree and have made and its potential impact on this rule in whichever applies. We have also added no changes from the proposed rule our NPRM. See 76 FR 49985, Aug. 11, new provisions in § 142.240(c)(2) to based on this comment. For flexibility, 2011. The Carbon Dioxide Fire accept service tags attached to portable we have permitted several acceptable Suppression rule revised the vessel and semi-portable extinguishers by a recordkeeping methods, in accordance regulations to require lock-out valves qualified servicing organization as an with part 140 of this subchapter. and odorizing units on all new carbon acceptable record that demonstrates the One commenter questioned the dioxide extinguishing systems installed required tests and inspections have been intended extent of the fire detection and or materially altered after July 9, 2013. completed. alarm system testing during drills That rulemaking also changed each of One commenter requested that we required by proposed § 142.245(c)(3). As the vessel subchapters to allow the use replace the phrase ‘‘dampers’’ in proposed, the commenter noted, each

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40059

drill could be understood to require a extinguisher requirements previously difficult to successfully operate under complete test of the system. This is not proposed in § 142.305 to § 142.230(d). emergency conditions. our intent. We anticipate that during We also revised the section heading of A third commenter noted that in his drills, only the test switch or a single § 142.315 to ‘‘Additional fire- experience, many crews have detector needs to be activated to extinguishing equipment requirements,’’ difficulties getting the self-priming familiarize the crew with the system’s and amended that entire section to make feature of portable fire pumps to operation, and have changed the text of clear which provisions did not apply to function. We believe this commenter § 142.245(c)(3) to require that only one certain towing vessels. In order to raises a valid point, and have added a device needs to be tested. account for those vessels operating new paragraph (c)(5) to § 142.245 to One commenter requested that the within 3 nautical miles from shore on require regular training on the self- proposed requirements in this section the Great Lakes, we revised paragraph priming feature during fire drills to for training crews to respond to fires (a)(1) of § 142.315. These revisions did ensure crew familiarity its operation, on should be removed from the rule, as the not change any substantive vessels equipped with portable pumps. limited scope of the training would not requirements proposed in the NPRM. Another commenter requested that we afford crew members with the necessary We received numerous comments not accept the use of portable pumps at skills and knowledge to safely engage in requesting that we modify proposed all, as they are not comparable to fixed fire-fighting activities. The commenter § 142.325(c) to clarify that sufficient fire main systems, and the amount of anticipated that this may result in a hydrants and hoses must be provided to time it takes to assemble and deploy the false sense of security, leading to allow ‘‘a stream of water from’’ a single pump in darkness or rough weather injuries for crewmembers attempting to length of hose to reach any part of the could compromise mariner safety. We fight engine room fires. Further machinery space. We concur with these do not concur with this comment supporting this argument, it was comments and have changed the text because portable pumps were suggested that the typical practice on accordingly. Associated with this were previously allowed for uninspected inland towing vessels in response to a several comments that the requirement towing vessels and we do not have data fire is to attempt ‘‘first-aid’’ firefighting for a single length of hose should be supporting the removal of the option of using portable extinguishers or fire deleted. We do not concur with this, using cost-effective portable fire pumps. hoses. If this fails to contain the fire, the because the single, 15-meter-length-of- Operators with vessels on routes or in crew would abandon ship to the tow or hose requirement ensures that a services where the ability to deploy and the riverbank. sufficient number of fire hydrants with operate portable pumps could be Another commenter requested that we attached hoses are installed in or close difficult may choose to install a fixed strengthen the training requirements by to the engine room. If the fire-fighting fire main system as an option. mandating that all licensed officers, water could be provided by multiple One commenter recommended that apprentice mates, steersmen, and sections of hose linked together, (i.e., a we specify the type of fire hoses engineers complete formal fire-fighting segmented hose of unlimited length) a required by this section, and urged that training courses. single remote hydrant might satisfy the we adopt UL 19 as the required We considered comments on these rule, but the length of hose required standard. We believe that the existing same issues in a previous rulemaking, would either be too cumbersome to requirement for lined commercial fire the Fire-Suppression Systems and handle in an emergency, not provide the hose provides suitable fire-fighting Voyage Planning for Towing Vessels necessary amount of firefighting water equipment for this purpose. Firehose interim rule (68 FR 22607, April 29, due to friction loss, or both. meeting UL 19 is constructed to a higher 2003), and believed at that time that the One commenter urged us to add a standard that would impose level of training proposed in our new § 142.325(g) requiring a minimum unnecessary costs on the industry. Inspection of Towing Vessels NPRM fuel supply stowed onboard to enable 4 One commenter suggested that would provide crew members with hours of operation of the portable fire § 142.325 require a dedicated sea-chest adequate knowledge of the procedures pump. We do not agree with this for the installed fire main. We do not and equipment on board their vessels suggestion. Paragraph (b) of 46 CFR agree with this comment, because a needed to respond to fires; we have not 27.211 prohibits the carriage of portable dedicated sea-chest would likely be changed our opinion on this issue based fuel tanks and related hardware except used only during drills and in on these comments on § 142.245. In when used for outboard engines or emergencies. If the fire main system is support of our previous rulemaking, when permanently attached to portable connected to a sea-chest that is regularly TSAC had performed an independent equipment such as fire pumps. Most used for shipboard services, there is a analysis of our casualty data, which commercially available portable fire greater chance that it will be clear of showed that over 80 percent of the pumps have a fuel tank capable of debris or fouling when needed. reported fires on inland vessels had operating the pump for at least 1 hour. During our review of the public been extinguished by the crewmembers The carriage of supplemental fuel comments on § 142.330, we noted that with only seven reported injuries. (See supplies to allow 4 hours of operation the proposed introductory paragraph of USCG–2000–6931–0046, available on would conflict with the provisions of 46 this section was confusing in regard to www.regulations.gov). Further review of CFR 27.211(b). the fire detection system requirements the Coast Guard casualty reports on the Another commenter requested that we for towing vessels constructed on or vessels where injuries were reported remove the requirement for a ‘‘self- after January 18, 2000. We have clarified revealed that most of the seven injuries priming’’ portable fire pump and and improved the structure of this were the result of conditions in the require, as an alternative, that a section by addressing vessels whose engine room (e.g., burns from the fire minimum time period be specified construction was contracted for prior to outbreak) and were not attributable to during which the crew must be able to January 18, 2000, separately in fire-fighting efforts. demonstrate that their portable pump paragraph § 142.330(a)(8). As previously discussed, in order to can be deployed. We do not agree with One commenter requested make this regulation more user-friendly, this comment and have not removed the clarification as to whether the audible we have made various editorial changes requirement for self-priming pumps, as and visual alarms at the operating here such as moving the portable fire non-self-priming pumps are extremely station required by proposed

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40060 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

§ 142.330(c) must be integral to the fire detection systems must be certified and that meet UL 217 may be used as an alarm control panel. The Coast Guard’s inspected by a P.E., a NICET Level IV alternative to satisfy the requirements in response is that the operating station Technician, or an authorized new § 142.330(b). We have retained this must have a fire detection control panel classification society including those on option in the final rule because it offers installed within the space. However, in vessels that elect or are subject to the a low cost alternative to installing a the years since the Fire-Suppression Coast Guard traditional inspection fixed detection system in these areas. Systems and Voyage Planning for scheme under § 137.200. When the A commenter requested changing Towing Vessels final rule was published Coast Guard inspects the vessel, it will proposed § 142.340 regarding a heat (69 FR 34064, June 18, 2004) and look for evidence that the vessel owner detector in the galley to require only incorporated into existing 46 CFR or managing operator has had all heat detectors that comply with UL 521. subchapter C regulations, we have required fire detection systems on the We have not specified a specific become aware that there may be cases vessel certified and inspected by a P.E., performance standard for the required where this is a problem on towing a NICET Level IV Technician, or an heat detectors; however, we agree with vessels with more than one operating authorized classification society. We the commenter that only restorable heat station because the fire detection system also edited § 142.330(a)(7) to clearly sensing type detectors may be used (i.e., control panel is not installed at each require the system and its installation to detectors that automatically reset to operating station. We did not intend to be both certified and inspected. operating condition when the heat impose an undue economic burden on One commenter requested source is removed), and have changed vessels of this design type by requiring clarification of proposed § 142.330(g), the requirements in redesignated fire detection control panels at each specifically, whether the certifying § 142.330(c) accordingly. operating station. Rather, one operating engineer or technician must review only In the NPRM we discussed comments station must be outfitted with the fire the detection system equipment and submitted in response to seven detection control panel while any others layout drawings, or whether it is questions we posed in a December 30, could be outfitted with either fire necessary to inspect the installation of 2004, Inspection of Towing Vessels detection control panels or a remote the fire detection system on board the notice. In response to that portion of the indicator with audible and visual vessel. We clarified the language in NPRM, one of these commenters alarms. We amended the regulatory text § 142.330, and specify that the fire recommended applying grandfathering of this section to reflect this intent (see detection system must be both: Certified to structural fire-protection new § 142.330(a)(3)). by a P.E., NICET technician, or an requirements. The commenter also felt Another commenter requested that we authorized classification society that existing vessels should be treated remove reference to a circuit-fault surveyor to comply with paragraphs differently from newly constructed detector test-switch in § 142.330(a)(4)(v) (a)(1) through (7) of § 142.330; and vessels because of the likelihood that because currently available fire alarm inspected by a Coast Guard marine fire standards will make it difficult to control panels use internal supervision inspector or a TPO surveyor, depending retrofit existing vessels. We have made instead of a test switch to verify circuit upon which inspection regime applies no changes to the final rule in response integrity. We agree with this comment to the vessel, to comply with to this comment. The fire protection and have changed this paragraph to § 142.330(a)(2). This last reference standards proposed in this part retain accept control panels with internal requires the system to be installed, most of the fire protection regulations circuit supervision as equivalent to tested and maintained in accordance that currently apply to existing towing those having a test switch. We have with the manufacturer’s design manual. vessels and are contained in Title 46 elected to retain a reference to panels We have substituted the term CFR parts 25 and 27. Only three new with a test switch to allow flexibility in independent testing laboratory in requirements have been added. Section meeting this provision. § 142.330(a)(1) and (8) with Nationally 142.227 requires all vessels to have a Various commenters suggested that Recognized Testing Laboratory (NRTL) fire axe, § 142.330(b) (proposed proposed § 142.330(g), which we as defined in 29 CFR 1910.7. The § 142.335) requires smoke detectors in redesignated as § 142.330(a)(7) in the proposed term independent testing berthing areas, and § 142.226 (proposed final rule, should be amended to allow laboratory is ambiguous and will be § 142.345) requires firefighter’s outfits certification of fire detection systems by replaced with NRTL throughout title 46 on certain ocean-going vessels. Battery- the National Institute for Certification in CFR upon the finalization of a operated smoke detectors will be Engineering Technologies (NICET) Level concurrent regulatory project (see the permitted, and the addition of fire axes IV technicians in addition to registered Harmonization of Standards for Fire and firefighter’s outfits does not require P.E.s. We concur with this view and Protection, Detection, and Extinguishing any modifications to the vessel; have changed the text of § 142.330(a)(7) Equipment notice of proposed therefore, we do not agree that either accordingly. Level IV technicians are rulemaking (79 FR 2254, January 13, requirement would be difficult to required to have at least 10 years’ 2014)). implement onboard existing vessels. experience in fire alarm installation and Please note that we have redesignated testing and must pass a comprehensive § 142.335, Smoke alarms in berthing M. Machinery and Electrical (Part 143) written exam to demonstrate their spaces, and § 142.340, Heat detector in In this final rule, we made substantive knowledge. Other commenters galley as § 142.330(b) and (c), changes in response to specific requested that we add a qualifying respectively, in the final rule. Multiple comments on the NPRM, and we also statement to the requirement for a P.E., commenters urged us to remove from made significant organizational changes. to ensure that the engineer is qualified proposed § 142.335 (now § 142.330(b)) Because of the organizational changes, to review and certify fire detection any requirements for battery operated subpart headings and section numbers systems. We agree and have changed smoke detectors in berthing spaces, and in this part no longer correspond to § 142.330(a)(7) to require that any P.E.s instead require smoke detectors that are those used in the NPRM. Much of the or authorized classification society part of an installed fixed fire-detection content of proposed part 143 has been reviewing the system have experience in system. We do not concur with this removed or reordered, and several fire detection system design. It is suggestion. Battery-operated smoke provisions have been changed to apply important to note that all required fire detectors are not required, but detectors to new vessels only. The requirements

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40061

of proposed subpart C, deferred operator could choose another way to so as to avoid subjecting existing towing requirements for existing vessels, and comply so long as the alternative vessels to unnecessary additional proposed subpart D, for oil and method was approved by the OCMI or requirements. One commenter suggested hazardous material in bulk, have been an approved third party. On further that where a piece of equipment such as divided among the other subparts. This consideration, we have consolidated the a generator is replaced with another that derivation table lists part 143 section functional requirements with other has the same function and similar numbers in this final rule and the language about when and how characteristics but is not the exact same corresponding part 143 section from the exceptions from the baseline standard model, such replacement should be NPRM: may be granted (see § 143.210). considered ‘‘replacement in kind.’’ Another commenter suggested that Changes to Subpart A, ‘‘General’’ TABLE 1—DERIVATION OF SECTIONS proposed § 143.220 (now incorporated OF PART 143 FROM THE NPRM The applicability of the subparts into § 143.205) would prevent vessels within this part has changed. The from upgrading to more efficient specific changes are discussed equipment. Final rule NPRM section No.(s) section No. elsewhere in this preamble, but we have We added a definition of revised the discussion of applicability ‘‘replacement in kind’’ to § 136.110 in 143.100 ...... 143.110. in subpart A to provide an overview of response to numerous comments 143.105 ...... 143.105. the entire part for readers. Most notably, requesting clarification of this term, 143.115 ...... 143.115. 143.200 ...... 143.200, 143.325, 143.330, subpart A now specifies that existing which is used in parts 143 and 144. 143.335. vessels (which includes those vessels When equipment needs to be replaced, 143.205 ...... 143.220. already under construction that do not it may be replaced by the same or 143.210 ...... 143.110, 143.215. meet our definition of ‘‘new towing similar equipment, or it may be 143.215 ...... 143.210. vessel’’), have 2 years to comply with upgraded. It is certainly acceptable to 143.220 ...... 143.235. the rule; for certain listed provisions, upgrade, but an upgrade is not 143.225 ...... 143.240. the delay is longer. Additionally, considered a replacement in kind 143.230 ...... 143.245. because the structure of part 143 has because the maintenance and operation 143.235 ...... 143.250. changed, new vessels must comply with 143.240 ...... 143.330. of the new equipment may require 143.245 ...... 143.260. subparts B and C of part 143 except as operator training, new maintenance 143.250 ...... 143.270. noted in specific sections in subpart C schedules, OCMI approval of equipment 143.255 ...... 143.275. instead of the proposed subpart E. arrangement, and an update to the 143.260 ...... 143.280. Under our ‘‘new towing vessel’’ vessel’s TSMS. 143.265 ...... 143.285. definition, no vessel would be subject to Finally, the Coast Guard removed the 143.270 ...... 143.290. new vessel requirements until at least list of material incorporated by 143.275 ...... 143.295. July 20, 2017. reference specifically for part 143 143.300 ...... 143.320, 143.520, 143.525. Because of the additional discussion 143.400 ...... 143.300. (proposed § 143.120) and moved that 143.410 ...... 143.310. of the applicability of each subpart and content to a consolidated list for the 143.415 ...... 143.315. the changes to the discussion of entire subchapter at § 136.112. The 143.450 ...... 143.210, 143.325, 143.515, functional requirements with Coast Guard received one comment on 143.520. prescriptive options for compliance, we the incorporation of standards by 143.460 ...... 143.330. removed proposed § 143.110. The reference in part 143; the comment 143.500 ...... 143.500, 143.505. content specific to OCMI or third-party appeared to indicate that new 143.505 ...... 143.505. acceptance of alternative methods is incorporations are not necessary 143.510 ...... 143.510. relocated to § 143.210 and consolidated. because there are existing, currently 143.515 ...... 143.515. However, we will address here the 143.520 ...... 143.520. applicable standards elsewhere in title 143.540 ...... 143.535. comments received on proposed 46. The standards incorporated in part 143.545 ...... 143.540. § 143.110. One commenter suggested 143 are necessary because towing 143.550 ...... 143.545. adding the word ‘‘company’’ to the vessels represent a unique class of 143.555 ...... 143.340. entities named in § 143.110(c) on vessel design, and other standards 143.560 ...... 143.345. alternatives to the prescriptive option. incorporated in various CFR sections are 143.565 ...... 143.350. The Coast Guard declines to make this not currently applicable to towing 143.570 ...... 143.355. change, because an ‘‘owner or managing vessels. The engineering standards 143.575 ...... 143.360. operator’’ may be a company. Another 143.580 ...... 143.550. incorporated in subchapters F, J, and Q, 143.585 ...... 143.405. commenter suggested replacing OCMI or for instance, are generally applicable to 143.590 ...... 143.410. third-party acceptance with a TSMS much larger ships with different risk 143.595 ...... 143.420. accepted by the third party. This change profiles, such as passenger ships or large 143.600 ...... 143.430. would remove the option of OCMI tank vessels. 143.605 ...... 143.435. acceptance and would not be Changes to Subpart B, ‘‘Requirements appropriate for vessels not covered by a for All Towing Vessels’’ In several provisions in the NPRM, we TSMS, so the Coast Guard declines to offered two different options for make the change. The organization of subpart B remains complying with design or operational As previously discussed in this largely the same as in the NPRM, standards in certain areas. These preamble, we relocated the definition of although the section numbers have sections were divided up into ‘‘independent’’ to part 143 in response changed. We removed proposed ‘‘functional requirements’’ and to a comment pointing out that the § 143.230, ‘‘Guards for exposed ‘‘prescriptive options’’ for complying definition was specific to vessel hazards,’’ as it was duplicative of with the functional requirements. The arrangements described in this part. proposed § 144.345. For more on this, prescriptive options represented one Several commenters noted that that see discussion of changes to part 144 way to comply with the functional the phrase ‘‘replacement in kind’’ below. We also added two sections from requirements, but an owner or managing should not be construed too narrowly, proposed subpart C—pilothouse alerter

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40062 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

systems and towing machinery—which and operation of the new equipment need to meet the pilothouse alerter have delayed application dates for may differ. requirement (by the delayed effective existing vessels. An existing vessel must date, 5 years after the issuance of the Alternate Design comply not later than 5 years after the first COI for the vessel) and readiness issuance of the first COI for the vessel. We combined proposed § 143.215 on and testing requirements. These This delayed compliance date is alternate design considerations with the fundamental safety provisions replace reflected in § 143.200(c) and is the same functional requirements provisions of the longer list that we had proposed. In length of time as was proposed in the proposed § 143.110 that called for OCMI particular, proposed paragraph (b)(2) on NPRM at proposed § 143.320. The or third-party acceptance; these are now potable water was removed because, as details of these requirements, and other located in § 143.210, and have been a number of commenters noted, changes to proposed subpart C, are further condensed to refer to similar proposed § 143.225 was ‘‘reserved’’ and discussed later in this preamble. provisions in § 136.115. As noted earlier listed no requirements. The Coast Guard in this preamble, these changes do not agrees with the suggestion to remove General alter the availability of approval for this reference to potable water We redesignated proposed § 143.220 alternate designs. requirements; we note that Food and as § 143.205. The Coast Guard received The Coast Guard received several Drug Administration requirements in 21 a suggestion that we insert the phrase comments requesting that we add CFR 1250.82 already apply to potable ‘‘in accordance with their ‘‘company’’ after ‘‘owner’’ in proposed water systems for most towing vessels responsibilities’’ in proposed § 143.215. The Coast Guard partially engaged in interstate commerce. In § 143.220(b). The Coast Guard agrees agrees. In § 143.210(a), we inserted ‘‘or addition, in § 140.510(a)(14) an owner with the general approach and has managing operator’’ after ‘‘owner’’ to be or managing operator must identify and revised the paragraph to clarify that consistent with other sections where we mitigate health and safety hazards crewmembers must demonstrate ability list both. The definition of ‘‘managing related to the towing vessel’s potable to operate the machinery and electrical operator’’ in § 136.110 includes water supply. systems for which they are responsible. organizations, and if a company owns Also, with regard to proposed Another commenter suggested the vessel, it would be covered by the § 143.210(a), the Coast Guard received changing the requirements in proposed definition of ‘‘owner.’’ several comments suggesting we change § 143.220(c)(3) to apply to all control the phrase ‘‘mechanical standards’’ to TSMS stations (operating stations) instead of ‘‘machinery standards.’’ The Coast just the primary one. The Coast Guard We removed proposed § 143.205, as it Guard agrees that ‘‘machinery agrees and has removed the word was duplicative of part 138. With standards’’ is the industry accepted ‘‘primary’’ from this requirement. The respect to the content of that proposed term, and amended the section Coast Guard understands that certain section, one commenter had suggested accordingly. In what is now paragraph vessels have more than one operating the Coast Guard include ‘‘guidelines’’ in (b), the Coast Guard clarified that the station; in such cases, each operating paragraph (a), along with policies and OCMI or a third party would deem the station would need to comply with procedures to ensure compliance. The vessel to be in compliance. revised and redesignated Coast Guard declines to make such a As is discussed later in this preamble, § 143.205(c)(3). change in the provisions discussing new towing vessels meeting ABS rules One commenter suggested that the TSMSs, because the purpose of the in accordance with § 143.515, or classed Coast Guard insert the phrase ‘‘with TSMS is to help ensure compliance by ABS, are considered to be in respect to the installation in question’’ with all parts of this subchapter, and the compliance with part 143 except for the in the sentence in proposed § 143.220(d) inclusion of guidelines is not necessary pilothouse alerter and readiness and that requires installations to comply to that minimum standard. Nothing testing sections that are described with subpart C for new vessels if the prohibits the inclusion of guidelines in below. New towing vessels classed by installation is made after this rule individual TSMSs, however. other recognized classification societies becomes effective and is not a may also be compliant with part 143 if replacement in kind on an existing Existing Vessels Built to Class approved by the Coast Guard. This final towing vessel. The Coast Guard declines We redesignated proposed § 143.210 rule offers more flexibility than the to make that change because the original as § 143.215. Proposed § 143.210 had proposed rule, in that it provides for language was unambiguous and the provided that vessels classed by the Coast Guard approval of other class addition unnecessary. American Bureau of Shipping (ABS), or standards, but does not automatically Another commenter asked the Coast built to ABS rules, would be considered accept all classed vessels as compliant Guard to change proposed § 143.220 to in compliance with part 143 if they met with part 143. In light of the wide range ‘‘clarify that replacements mandated by certain additional requirements. of possible class standards in the future, regulation will not trigger the referenced However, we determined that the we believe this is the correct balance follow-on regulations . . . .’’ The Coast requirements for existing and new between safety and feasibility. Guard disagrees. If equipment requires vessels need to be further distinguished. replacement and the owner or managing This final rule creates flexibility for Machinery Space Fire Prevention operator chooses not to make a existing vessels: Existing towing vessels We redesignated proposed § 143.235 replacement in kind, it is considered an currently classed by any recognized as § 143.220. One commenter suggested upgrade and subpart C may apply. classification society, or determined the Coast Guard change ‘‘flammable Depending on the significance of the compliant with any recognized liquid’’ to ‘‘flammable or combustible replacement (whole system versus one classification society’s appropriate liquid’’ in proposed paragraphs (a) and particular piece), newer standards may rules, are equivalent to nearly all of the (c), to cover diesel fuel. The Coast Guard be applicable. Applying subpart C to requirements of subpart B. We have agrees that most grades of diesel fuel are replacement equipment will not result reduced the list of additional considered ‘‘combustible liquids’’ as in the same cost as applying subpart C requirements originally proposed in opposed to more volatile ‘‘flammable to existing equipment, and is § 143.210(b), so that existing vessels that liquids’’ such as gasoline, and amended appropriate because the maintenance are classed or built to class rules only the section accordingly to indicate the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40063

intent of preventing fires. We also refer The Coast Guard does not agree with One commenter requested a high level to 46 CFR subpart 30.10 for definitions these comments because the use of the alarm requirement on day tanks, stating of those terms. Similarly, one word ‘‘thrust’’ is intended to cover other that a number of spills have occurred as commenter suggested we add ‘‘and propulsion systems in use today, the result of day tanks being overfilled. other flammable liquids’’ to the including varying propulsion and The Coast Guard agrees that a high level restriction on oil in proposed paragraph steering control designs, as well as alarm could be beneficial. However, we (b). The Coast Guard agrees with the indicators. An example would be a shaft do not have spill data to justify such a underlying concern, but has removed tachometer as an acceptable means of requirement and there are other proposed paragraph (b) because it was monitoring the vessel’s propulsion acceptable means to ensure the day tank duplicative of the fire hazards provision thrust. is not overfilled (for example, routing in part 142. The Coast Guard received several the overfill line to a storage tank, With respect to proposed § 143.235(c), comments asking if the position of the physically observing the level of the several commenters said that the rudder joystick is sufficient to meet the tank during filling operations, temperature threshold required, 65.5 °C requirements of proposed paragraph (b). monitoring quantity of fuel transferred (150 °F), is too low to be practical. The The position of the rudder joystick does so it does not exceed available capacity). Coast Guard agrees that the temperature not provide a positive position of the In the future, we may propose requiring specified in the NPRM was impractical, rudder and is not acceptable. The this alarm if spill data suggests and amended what is now § 143.220(b) rudder joystick simply provides an overfilling of the day tank could have to adopt the SOLAS requirements for indication of the commanded position been avoided by such an alarm. insulation of hot surfaces: 220 °C of the rudder. The Coast Guard also received several comments stating that proposed (428 °F) as was suggested by several Alarms and Monitoring commenters. SOLAS is an established, § 143.245(a)(9) (now designated We redesignated proposed § 143.245 § 143.230(a)(6)) addressing low fuel internationally recognized set of rules as § 143.230. The Coast Guard received developed and ratified by maritime level alarms repeats proposed several comments suggesting that the § 143.275(d) and that one of the two nations worldwide, and the Coast Guard panel in the wheelhouse needs only to determined that this was the most sections should be removed. The Coast alarm and should not be required to Guard agrees, and removed proposed appropriate reference. identify the piece of equipment that has With respect to proposed § 143.275(d). tripped the alarm. The Coast Guard One commenter suggested removing § 143.235(d), one commenter suggested agrees that specifying the exact piece of the requirement for hydraulic level the Coast Guard change ‘‘materials’’ to equipment that is in an alarm condition alarms. ‘‘products.’’ The Coast Guard agrees that is not necessary in the wheelhouse. The Coast Guard disagrees. There is a the suggested change is necessary to Rather, a summary alarm in the need to monitor the hydraulic fluid in achieve uniformity between parts 142 wheelhouse is considered sufficient. We the steering hydraulic tank in the event and 143, and amended § 143.220(c) amended § 143.230 accordingly. The of leaks or pipe/hose rupture, because it accordingly. In the same section, one Coast Guard also received comments is essential for maneuvering. commenter suggested that the Coast concerning the intent of requiring With respect to proposed Guard include the amounts of alarms to function when primary power § 143.245(b)(3), the Coast Guard flammable and combustible materials is lost. We agree that it is impractical received several comments in favor of a that can be safely stored in machinery that alarms on existing vessels have a self-monitoring alarm system. spaces under this section. The Coast backup source of power in addition to The Coast Guard agrees that a self- Guard declines to do so because, under the primary power supply, because the monitoring alarm system is a practical the original proposed language, the primary concern on a loss of main alternative to manual testing of the limits would be determined by the size electrical power is restoring the main alarm system, and amended of the designated areas defined in power source. § 143.230(b)(2) accordingly. § 142.225 or the size of the flammable The Coast Guard received several The Coast Guard received several storage cabinet that satisfies UL 1275. In comments requesting whether certain comments suggesting deletion of the addition, because available storage areas alarms should signal high or low levels; requirement at proposed § 143.245(c) will be limited by prohibitions on the Coast Guard agrees that clarification that gauges be visible at the operating ignition sources in those areas, we is needed, and amended the section to station. The Coast Guard agrees that believe that operators will carry only the specify which alarm settings are based gauges are not required at the operating amounts of products necessary for the on high or low conditions. Several station, provided that there are alarms vessel mission. commenters suggested that the or a summary of alarms at each The Coast Guard received several requirement for a ‘‘main engine fuel oil operating station. We amended this comments recommending adding the pressure’’ alarm should be removed. section for clarification. language from proposed § 144.360(c) to One commenter indicated that requiring One commenter suggested that several proposed § 143.235, because it pertains fuel oil pressure alarms was provisions of the NPRM, including to machinery space fire prevention. The unnecessarily rigorous and would have gauges for engines at proposed Coast Guard declines to add the a disproportionate effect on small § 143.245(c), should not be required language to part 143 because the businesses. We agree that a wide range because they are not required of provisions of § 144.605 address this of diesel engine fuel pressures may be passenger vessels in subchapter T. topic for all towing vessels. acceptable depending on the The Coast Guard disagrees with the manufacturer, and that fuel oil pressure suggestion that that no gauges should be Control and Monitoring Requirements is not normally considered a mandatory provided, although we agree that We redesignated proposed § 143.240 parameter to be monitored; these levels subchapter T vessels and subchapter M as § 143.225. The Coast Guard received may be checked each watch. We vessels could have similar systems. The several comments requesting that we therefore removed proposed gauges required by proposed change ‘‘thrust’’ to ‘‘RPMs’’ in proposed § 143.245(a)(3) and (6) when drafting the § 143.245(c) are considered minimum paragraph (a). final version of § 143.230. requirements for monitoring engine

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40064 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

performance. However, in the final rule, With respect to proposed § 143.260(b), lacks the casualty data to support a the number of gauges required has been the Coast Guard received several mandate for one particular standard. reduced to only those considered comments to amend parts of the table to Another commenter suggested that the essential to engine monitoring, and clarify that the intent is for a crew Coast Guard identify the basic colors which normally are provided by the change and not a watch or shift change. used to mark piping. manufacturer with all engine The Coast Guard agrees that testing the The Coast Guard declines to do so installations regardless of the vessel propulsion and steering controls is not because the international standard type. necessary with every shift change, and referenced in this section already With respect to paragraphs (c)(1) and amended the section to clarify that the identifies basic piping colors. (3) one commenter suggested that the test is only necessary prior to getting Fuel System Requirements Coast Guard add the engine RPMs to underway, but not more often than once these sections. The Coast Guard agrees every 24 hours. In the same section, one We redesignated proposed § 143.275 that the main engine(s) and auxiliary commenter suggested changing the as § 143.255. The Coast Guard received generator engines should be equipped required testing frequency of alarm several comments suggesting that the with RPM indicators, and amended the setpoints and pressure safety valves requirement at proposed § 143.275(c) to sections accordingly. from annually to every 2 years or longer. replace fuel filters be based more on ‘‘performance requirements’’ as opposed We deleted proposed paragraph (d) The Coast Guard agrees and has to manufacturer recommendations. The because summary alarms are already amended Table 143.245(b) to make Coast Guard partially agrees and allowed under revised § 143.230(b)(1), these requirements more consistent with amended the section, but considers so there is no need for a separate section similar requirements in subchapter F. manufacturer recommendations to be allowing this on excepted vessels. With Finally, one commenter suggested the based already in part on performance respect to proposed paragraph (d) one Coast Guard change ‘‘pressure vessel requirements, such as differential commenter suggested that the Coast safety valves’’ to ‘‘pressure vessel relief pressure and time in service. We also Guard add ‘‘crewmembers responding to valves.’’ The Coast Guard agrees that relief valve is the more common amended proposed § 143.275(a) to the alarm(s).’’ The Coast Guard agrees terminology and amended the section clarify that the term ‘‘be maintained’’ with the comment in that the proposed accordingly. used in the proposed rule means a text could have been more specific documented maintenance plan. We also regarding communications between System Isolation and Markings made nonsubstantive changes to crewmembers. However, proposed We have redesignated proposed proposed § 143.275(b) for brevity and paragraph (d) was applicable only to § 143.270 as § 143.250. The Coast Guard clarity. excepted vessels, and given the received a number of comments As previously discussed, we removed traditional size and service of excepted suggesting that ‘‘graywater lines need proposed § 143.275(d) in response to vessels, we ultimately determined that a not be fitted with isolation valves or comments stating it was duplicative of separate paragraph was not necessary. marked if all piping is contained inside proposed § 143.240(a)(9). We then General Alarms a fuel tank or void.’’ The Coast Guard added a new paragraph (d) that requires disagrees. It is not possible for ‘‘all the use of diesel fuel unless approval for We redesignated proposed § 143.250 piping’’ to be contained in a tank, and another fuel is obtained pursuant to as § 143.235. One commenter suggested it is important for the piping system to § 143.210 or § 143.520. We did this that the Coast Guard clarify the be identified. However, the intent of the because diesel fuel is considered the applicability of this section. That requirement is for crew members to be standard for marine fuels, and the use commenter also recommended requiring able to identify piping systems used in of more volatile fuels such as liquefied the public address system on towing normal, everyday operations, and natural gas or propane requires approval vessels be equipped with ‘‘talk-back’’ therefore it is not essential that systems by the MSC. capability. in normally inaccessible spaces be The Coast Guard has modified the identified. Fuel Shutoff Requirements applicability section to be clearer, and One commenter suggested that the We redesignated proposed § 143.280 has made similar clarifying changes to Coast Guard add a new paragraph (e) to as § 143.260. The Coast Guard received § 143.240(a). As for adding a proposed § 143.270 to cover sanitary a comment suggesting that we define requirement for ‘‘talk-back’’ capability, discharges, and add ‘‘Except as ‘‘near the source of supply’’ as used in we disagree. This capability is not provided in paragraph (e) of this proposed § 143.280(c). The Coast Guard required on any commercial vessel and section’’ to the beginning of this section. agrees with this commenter. To clarify would be unnecessary for the usual The Coast Guard declines to do so the section, we drafted § 143.260(c) to purposes of a public address system. because the requirements in this section require that the valve be installed in the Readiness and Testing would apply to any system piping fuel piping directly outside of the fuel penetrating the hull beneath the oil supply tank. We also received a We redesignated proposed § 143.260 waterline. However, variations could be comment suggesting that the use of extra as § 143.245 and, as described earlier in accommodated through the provision heavy piping should be explicitly this preamble, removed the functional for alternate design approvals that has allowed as an alternative to situating the and prescriptive designators in favor of already been discussed in this preamble. valve near the source. a unified section on alternatives at the With regard to proposed § 143.270(e), The Coast Guard disagrees. While beginning of the part. One commenter one commenter stated that the use of such arrangements may be acceptable suggested that the Coast Guard remove ‘‘either’’ ISO Standard 14276 or marking with proper piping materials or other ‘‘(if available)’’ from proposed in accordance with the TSMS applicable design choices, locating the valve § 143.260(a). to the vessel would lead to a lack of directly after the fuel supply source is The Coast Guard agrees that uniformity between towing vessels and the most effective way to stop a leak. manufacturer’s instructions are is counterproductive. The Coast Guard The Coast Guard received one normally available, and removed the agrees that one standard for industry comment suggesting that we remove the phrase ‘‘if available.’’ color-coding of piping is preferred, but words ‘‘outside the space where the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40065

valve is installed’’ from proposed pressure and fire testing. The rule also The Coast Guard received several § 143.280(d) and instead specifically addresses the containment concern by comments suggesting that proposed require that the valve be located on the requiring that gaskets and seals be § 143.300(b) be clarified with regard to weather deck. maintained, and bilges kept free of examination requirements. The Coast The Coast Guard disagrees because a accumulated oil. Guard agrees and amended paragraph safe place outside the machinery may (b) so that pressure vessels are not always be located on the weather Bilge Pumps or Other Dewatering externally examined annually, along deck. Capability with relief valve testing twice every 5 The Coast Guard also received one We redesignated proposed § 143.295 years. These changes make inspection comment stating, in part, that the as § 143.275. The Coast Guard received requirements for pressure vessels and ‘‘requirement for remote shutdown of several comments suggesting relief valves more consistent with the each engine outside the machinery ‘‘prescriptive’’ regulations, such as those inspection requirements in subchapter F space is unworkable’’ and suggesting the for larger ships in 46 CFR 56.50, be for pressure vessels on larger ships. requirement should be removed. applied to proposed § 143.295. The Because of these changes we added a The Coast Guard does not agree: The Coast Guard decided not to impose a new paragraph (c) to require the remote shutdown outside the machinery prescriptive requirement for bilge maximum allowable working pressure space is necessary in the event that the pumping systems in this regulation be indicated on all pressure vessels. engine space is not accessible due to because of the extremely large number The Coast Guard received a question fire. of different configurations possible for concerning the pressure vessel Additional Fuel System Requirements towing vessels. A commenter said that requirements of proposed §§ 143.300 for Towing Vessels Built After January proposed § 143.295 was not specific and 143.540: ‘‘Could a towing vessel 18, 2000 enough with regard to dewatering also meet the requirements of 46 CFR capability, noting that potentially 61.10 in lieu of the ABS Rules as We redesignated proposed § 143.285 prescribed in 143.540?’’ The Coast as § 143.265. With respect to proposed ineffective dewatering methods such as ‘‘buckets’’ could be acceptable under the Guard agrees that compliance with 46 § 143.285(b), the Coast Guard received CFR 61.10 is acceptable and equivalent several comments requesting proposed text. We agree and have amended the section to emphasize that to (or exceeds) the requirements in this clarification on the proposed regulations rule. However, § 61.10 generally is regarding ‘‘portable bilge pumps.’’ A an installed or portable bilge pump must be available. applicable to large ships and the Coast ‘‘portable bilge pump’’ as specified in Guard does not require towing vessels to One commenter suggested that only paragraph (b) is a dewatering pump. We meet subchapter F engineering ‘‘installed’’ (not portable) bilge piping received a comment suggesting that the requirements. proposed rule would limit an operator’s should be required to have a check/foot ability to dewater a damaged tow. We valve to prevent unintended flooding. Electrical Systems disagree. The regulation allows for The Coast Guard agrees because a We redesignated proposed § 143.305 proper stowage and use of portable permanently installed, power-operated as § 143.400. The Coast Guard received tanks or cans for portable bilge pumps. bilge pump is not the equivalent of a several comments suggesting the Coast The rules for the barge itself are beyond portable pump. We amended the text Guard remove the requirement at the scope of this rulemaking, but accordingly, as the use of a portable proposed § 143.305(d) that switchboards ‘‘portability’’ of fuel is allowed in the pump implies constant operator and distribution panels be labeled with circumstances specified by this section. monitoring, which would normally a description of the loads they serve. If an operator is safely able to reach a prevent improper flow (backflooding). The Coast Guard partially disagrees. For towed unit, there is no prohibition on Pressure Vessels on Existing Vessels proper circuit identification during using portable equipment to dewater or operations and maintenance, labels fight a fire on that unit. With respect to proposed § 143.300, must be provided for the equipment The Coast Guard received a comment the Coast Guard received several served. However, the Coast Guard has suggesting that the proposed regulations comments suggesting the application of removed the requirement that did not consider a ‘‘closed loop’’ existing pressure vessel requirements in equipment be marked with the location ventilation system option for venting. 46 CFR subchapter F and the ASME of the isolating switch of circuit breaker, The Coast Guard does not agree with Code. Although these are certainly because the panel should indicate that this characterization of the proposed acceptable for pressure vessel information. rule, because proposed § 142.285(c)(1), installations on all vessels, the Coast The Coast Guard received several now designated § 143.265(c), allows Guard does not have casualty data to comments on proposed § 143.305(i) tank vents to be combined, as long as support the mandatory use of the expressing confusion on the use of male there is ultimately a vent to the outside. rigorous requirements of subchapter F receptacle outlets when transmitting We received a comment suggesting by existing towing vessels. Similarly, power between two receptacles. The revisions to the required size of the vent one commenter suggested the requested changes were in line with the piping. We partially agree, and the incorporation of the ASME Code Coast Guard’s original intent, but we paragraph (c) has been amended for Section IV for heating boilers. The Coast decided the clearest revision would be clarity on this issue. Guard agrees that the ASME Code is a to remove the provision about male One commenter expressed concern preferable design standard for heating outlets. As long as the plugs, cables, and with the use of flexible fuel lines, noting boilers, and considers it acceptable for receptacles are compatible and designed that the use of flexible hose in the power or heating boilers on any vessel. for the power to be transmitted, industry was ‘‘rampant,’’ and also However, the Coast Guard has no specifying a particular configuration is suggested requiring containment significant reportable casualty data with not necessary. systems beneath oil purification a root cause of boiler or pressure vessel equipment. This rule allows for flexible design that justifies the increased cost of Shipboard Lighting hose that meets certain incorporated requiring all towing vessels to use the We redesignated proposed § 143.310 standards, meaning the hose has passed ASME Code for towing vessel boilers. as § 143.410. One commenter argued

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40066 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

that the requirement for emergency vessels. We proposed this requirement Robert Y Love incident, had the pilot lighting in proposed § 143.310 would be in response to the NTSB report on the become incapacitated 1 minute before prohibitively expensive for small Robert Y Love allision with the I–40 the alarm was scheduled to sound, it is businesses and is neither necessary nor Bridge, as well as eight incidents where possible another crew member could of any value on smaller towing vessels the operator died while navigating the have made it to the pilothouse and where the crew typically knows the vessel and other cases that indicated averted the allision. As a reference vessel intimately. probable incapacitation of the operator. point, we note that SOLAS requirements The Coast Guard disagrees. With The Coast Guard received comments for larger vessels (MSC.128(75)) require respect to the cost, there are three supporting and opposing the inclusion a bridge watchstander alarm with an different options for compliance, some of the deferred requirements proposed elapsed time between resets of 3–12 as inexpensive as phosphorescent in § 143.325. minutes. lighting strips. With respect to the After considering public comments, We received a comment stating that utility this requirement in § 143.410 for as well as the traditional service and ‘‘fans with paper streamers effectively internal crew working and living areas, limited manning of towing vessels 65 fool motion detector systems.’’ The we consider this lighting essential— feet or less in length, we determined Coast Guard notes that a motion even on smaller vessels—to facilitate that a pilothouse alerter system is not detector-type system is but one of many egress in emergency situations when necessary for towing vessels 65 feet or options to comply with the alerter normal lighting is not working and less and have eliminated the alerter requirement. An attempt to interfere dense smoke may be present. requirement for this category of vessels. with any system installed to meet the The Coast Guard received several This is accomplished in § 143.450(e). requirements of § 143.450 would be comments asking whether berthing We received a comment suggesting investigated. And as stated in spaces were required to have emergency the alerter could become a distraction § 140.1000, there are statutory penalties lighting under proposed § 143.310(a). for harbor assist vessels. We disagree, for violating the provisions of this Specific berthing spaces are not because a compliant system could be set subchapter. required to have emergency lights. up to reset, for instance, each time the The Coast Guard received several However, in the event of power loss throttle or steering was changed. We comments suggesting that a second, there must be sufficient illumination in also received comments that the alerter adequately rested crewmember should living areas to enable personnel egress should not be required when a vessel be required in the pilothouse at all from the living space. One commenter had overnight accommodations but times, as well as comments suggesting a suggested adding a requirement for one those accommodations were not in use. second crewmember is an unnecessary flashlight per bunk. The suggestion is a We decline to make a regulatory expense. The Coast Guard partially good practice for mariners but the Coast exception for this scenario, but this agrees with both comments. A second Guard declines to make it mandatory. subchapter allows the OCMI the adequately rested crewmember in the With respect to proposed discretion to waive certain requirements pilothouse of a towing vessel, while not § 143.310(b)(2), the Coast Guard on a case-by-case basis when required by this section, is an acceptable received several comments suggesting appropriate. alternative to the pilothouse alerter we lower the required automatic We received a comment suggesting system as stated in § 143.450(d). We battery-operated emergency lighting that requirements for systems such as chose not to require that a second capability from 3 hours to 30 minutes. pilothouse alerters should be crewmember be in the pilothouse The Coast Guard partially agrees with performance-based, and flexible with because, in light of the thousands of these comments, and has modified the regard to rapid developments in vessels of all sizes that safely operate requirement in § 143.410(b)(1) to 2 technology. The Coast Guard agrees. We with a single crew member on the hours, consistent with subchapter T. have not specified a particular design bridge or operating station, depending The requirement of 2 hours will ensure for an alerter system, only that such on maneuvering circumstances, we the availability of battery-powered lights system must meet certain performance could not justify the significant cost of when needed, along with ample battery requirements with regard to time limits requiring an additional watchstander on capacity. Emergencies that require and adjustability of the alarm time to all towing vessels. However, under 46 egress from a space, such as a living suit the vessel mission. U.S.C. 8104 and 46 CFR 15.705, it space, do not necessarily mean With respect to proposed remains the master’s responsibility to abandoning the vessel: The crew may § 143.325(a)(3), imposing a 10-minute provide an adequate watch. need to assemble on deck to fight a fire maximum acknowledgment time for the The Coast Guard received a comment or flooding, or restart the main electrical alerter, the Coast Guard received several requesting clarification of the pilothouse plant. We confirmed that, for the second comments suggesting that the alerter requirements for vessels with option, phosphorescent strips are acknowledgment time for the pilothouse more than one operating station. available that provide illumination for alerted should be less than 10 minutes. Because the alerter is required to detect more than 2 hours. The Coast Guard partially agrees. New incapacitation of the vessel pilot, the In addition, the Coast Guard removed paragraph (b) of § 143.450 provides that system must be arranged to alarm at proposed § 143.310(b)(1) because it was the time may be reduced by the owner each operating station. There may be redundant with a related subparagraph or managing operator in the TSMS but various system configurations that meet in proposed § 143.340(b)(9). must not be in excess of 10 minutes. We the intent of this requirement. received a comment suggesting that the Pilothouse Alerter System Robert Y Love incident would not have Towing Machinery The pilothouse alerter requirements been prevented by an alerter set at 10 The towing machinery requirements are now located in § 143.450. In the minutes. We acknowledge that it is are now located at § 143.460 and apply NPRM, we proposed a pilothouse alerter possible that an alerter set at 10 minutes to all vessels, with a deferred system requirement for all vessels (see may not have prevented the incident. It compliance date for existing vessels. In proposed § 143.210, as well as is also possible that an operator could connection with proposed § 143.330(b) §§ 143.325, 143.515, and 143.520), with become incapacitated at any time within the Coast Guard received several a deferred compliance date for existing a 10-minute alerter reset period. In the comments requesting an example of an

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40067

acceptable safeguard against the towing The TSAC Towing Vessel Inspection were not appropriate for existing machinery becoming disabled if the tow Working Group report (TSAC 2005) and vessels, we removed these requirements gets out of line. The Coast Guard agrees, a report by the Coast Guard Allision from existing vessels and relocated the and added an example of a common Working Group (BAWG 2003). These provisions to subpart C on new towing safeguard to this section. We also risk analyses support characterizing the vessels. Comments pertaining to the received a comment suggesting that the proposed requirements as risk-based. substance of those standards are ‘‘winch slippage alarm’’ sound in the However, several comments asserted discussed later in this preamble. pilothouse. The Coast Guard agrees such that the functional requirements in Subpart C, ‘‘Requirements for New an alarm would be beneficial to proposed subpart B, ‘‘Requirements for Towing Vessels’’ operations, but we do not have the All Towing Vessels,’’ are sufficient for casualty data to support the mandate of all existing towing vessels. These Because of the organizational changes such a system. commenters recommended the removal discussed earlier in this preamble, of proposed subpart C, ‘‘Deferred proposed subpart E for new towing Deferred Requirements for Existing Requirements for Existing Towing vessels is now designated subpart C. We Vessels (Proposed Subpart C) Vessels.’’ Further, the Coast Guard revised the applicability section in line As discussed earlier in this preamble, believes that many existing towing with the organizational changes we removed proposed subpart C. We vessels were originally built to described in our discussion of subpart relocated to subpart B the requirements acceptable national or marine standards. A, and made nonsubstantive editorial for pilothouse alerter systems and Those would already be in substantial changes. We also removed proposed towing machinery, and retained the compliance with many of the § 143.505, as its content is now covered deferred compliance date for existing requirements of subpart B of part 143 of by the applicability section at § 143.500. vessels: These requirements are the final rule. In § 143.510, we replaced the phrase discussed earlier in this preamble. We The machinery and electrical ‘‘plan approval’’ with the more accurate removed proposed § 143.335 on remote requirements in subpart B will provide language ‘‘verification of compliance shutdowns because a similar effect is the owners or managing operators of with design standards.’’ We removed accomplished through proposed existing towing vessels with the § 143.530 as unnecessary in light of § 143.280 (now § 143.260) on fuel oil standards that existing equipment and other revisions to the part. shutoff, and because remote fuel shutoff installations must meet or should have The ‘‘classification option’’ has is already required by 46 CFR met during the construction of towing changed little between the NPRM and subchapter C. vessels. Third-party inspections and the final rule. For a new towing vessel, The remaining deferred provisions of eventual certification of electrical and the same three options apply in the final proposed subpart C—§§ 143.340 machinery systems of existing towing rule as in the proposed rule: New through 143.360 on specific electrical vessels that are in marginal condition or vessels may be built to recognized arrangements for existing towing poorly maintained may require some classification society standards vessels—have been moved to subpart C upgrades but may not necessarily need (§ 143.515); to ABYC standards for new vessels. They do not apply to extensive modifications of the vessel’s (§ 143.520) for smaller towing vessels; or existing vessels. We made this change in systems. Commenters provided to neither standard, but instead be response to comments indicating these estimates of the cost of extensive subject to the requirements set out in provisions were not appropriate for retrofits to existing vessels in the range subparts B and C of part 143. As an existing vessels. Specifically, the Coast of $75,000 to $300,000 per vessel, alternative to complying with the Guard received many comments considerably higher than the cost electrical system requirements that are recommending the deletion of the estimated in the NPRM Regulatory now listed in subpart C, the vessel may prescriptive requirements in proposed Analysis ($5,000 to $20,000 per instead comply with certain ABS rules §§ 143.340 through 143.360. individual requirement). Further, as set out in § 143.580; this alternative Commenters characterized the proposed comments indicated that the need for is substantively the same as was requirements as burdensome, costly, retrofits to comply with the regulatory proposed in the NPRM. requiring extensive modifications, and requirements in proposed §§ 143.340– As was the case in proposed not justified by risk. 143.360 would impact more than the § 143.515, even vessels built to ABS The Coast Guard does not agree that generally less than 5 percent of vessels rules or classed by ABS must comply the proposed requirements were per requirement estimated in the NPRM with specific provisions of part 143. In unjustified. Part 143 was developed in Regulatory Analysis. The net result in this final rule, those provisions are the response to the recommendations in total costs could exceed $300 million requirements for vessels that move tank Sections 6.1 and 6.2 of the ABSG (10-year, undiscounted). For these barges carrying oil or hazardous Consulting report, which were based on reasons, the requirements in proposed material in bulk (§§ 143.585 through the risk analysis results in Section 4.3 §§ 143.340–143.360 that were proposed 143.595), the readiness and testing of the report. See Uninspected Towing to apply to all towing vessels will now requirements of § 143.245, and the Vessel Industry Analysis Project Final apply only to newly built towing pilothouse alerter requirements of Report, issued August 2006 and vessels, which includes vessels § 143.450. The readiness and testing prepared by ABSG Consulting Inc., and undergoing a major conversion. requirements of § 143.245 help verify Section III.C of the NPRM (76 FR Comments pertaining to the substance proper in-service operation and safety of 49978). An industry analysis project of those standards are discussed later in main and emergency systems, above and team performed a detailed analysis of this preamble. beyond the initial design requirements the towing industry data from a number of part 143. As discussed above, the of data sources, such as MISLE and site Requirements for Oil or Hazardous proposed potable water requirements visits. The team also used industry data Material in Bulk (Proposed Subpart D) have been removed, but they remain a provided by AWO as part of the Coast The proposed rule included deferred health and safety requirement under Guard-AWO Safety Partnership. Two requirements for vessels that tow oil or § 140.510(a)(14). Also, in this final rule previous examinations of towing vessel hazardous material in bulk. In response we created flexibility by providing for accident studies were also considered: to comments indicating these provisions approval of towing vessels built to

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40068 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

recognized classification society rules installation and maintenance accounted proposed § 143.340 be clarified so that other than ABS’s. for 8 percent (226) of the deficiencies. a backup generator could be used as a Section 143.520(a) remains This 8 percent deficiency rate highlights secondary power source. The Coast substantially as proposed, but paragraph the need to establish more specific Guard agrees, and amended the text in (b) has been revised to remove several standards for electrical installations on paragraph (a)(3) to better explain the requirements. New towing vessels of 65 towing vessels. The current regulations requirements for backup power source. feet or less in length that are built to the in subchapter C for electrical We also received a comment ABYC standards listed in paragraph (a) installations on uninspected vessels are suggesting the proposed § 143.340 may need only comply with the readiness minimal and not adequate for towing be interpreted as requiring duplicate and testing requirements of § 143.245, vessels. In addition, the incremental essential systems such as radar or and with the requirements for vessels cost to incorporate the new standards emergency lighting. We did not intend that move tank barges carrying oil or into the design and construction of a the original language to be read that hazardous material in bulk (§§ 143.585 new vessel are low in comparison of the way, and have amended the through 143.595) if applicable. Other total construction costs of the vessel and corresponding section of the final rule requirements have been removed for the potential reduction in risk of fire. to clarify that emergency these vessels, including the pilothouse Several commenters provided cost communications and navigation alerter requirements. estimates to retrofit an existing vessel to equipment must be provided with a comply with the proposed requirements backup power source. Pressure Vessels on New Vessels in §§ 143.340–143.360 that range from We received a comment stating that We redesignated § 143.540 as $75,000 to $300,000. These estimates the electrical load analysis requirements § 143.545. With respect to proposed are higher than the cost estimated by of proposed § 143.340 were ‘‘excessive § 143.540(b), the Coast Guard received Coast Guard in the NPRM Regulatory and unnecessary’’. Although the Coast several comments requesting alternate Analysis (which ranged from $5,000 to Guard believes that a load analysis is standards to the ABS rule referenced for $20,000 per requirement ($60,000 per required for nearly all vessels with pressure vessels. While the ABS rules vessel if all of the requirements are generators, we presume that load referenced are an industry standard for incurred). The comments also indicated analysis has already been done for pressure vessels, the Coast Guard may that far more vessels would require the existing vessels and is therefore determine other design standards, such retrofits than was estimated in the applicable only to new towing vessels. as the ASME Boiler and Pressure Vessel NPRM Regulatory Analysis. The NPRM This change is reflected in this final Code, to be equivalent as described in estimated annualized costs of part 143 rule. We also simplified the analysis § 143.210. Therefore, we made no at $3.2 million and the benefits at $5.7 requirement by removing proposed changes to this paragraph in response to million. If the high end of the costs per paragraph (b)(2). this comment. vessel of $300,000 were used, the The Coast Guard received several comments suggesting we include the Electrical Engineering Systems annualized costs could as much as triple. Increasing the affected specific NEC reference in article 430 in Several comments also recommended population for the retrofits as per the this section. The Coast Guard agrees and the proposed prescriptive requirements comment would increase the costs even amended the section by specifying that in proposed §§ 143.340–143.360 should more. Given the new information on the Parts I through VII of article 430 are not apply to new towing vessels. The potential range of costs and affected required. These Parts of Article 430 Coast Guard does not agree. The population, the Coast Guard has further define the scope of motor proposed requirements of these sections determined that the benefits of the overcurrent protections required. We are based on the present acceptable NPRM’s proposed deferred also received comments suggesting that national or marine electrical engineering requirements for existing vessels will the proposed requirements in § 143.340 standards. As explained in Section IV of not outweigh the costs. Given the will require ‘‘complete rewiring’’ of the preamble to the proposed rule, the potential cost burden of retrofitting inland towing vessels. This comment is Coast Guard developed part 143 after existing vessels, the baseline electrical addressed by our decision to apply considering the reports provided by requirements for existing towing vessels these requirements only to new vessels. ABSG Consulting and TSAC, which in the final rule, coupled with a robust The Coast Guard received several were generated from marine casualty inspection regime, will establish an comments suggesting we lower the cases and risks. Also, as stated in the adequate safety environment for towing ambient temperature rating at paragraph preamble to the proposed rule, the Coast vessels. (b)(7) of this section from 50 °C to 40 °C, Guard conducted its own in-depth The electrical requirements in this similar to ABS rules. The Coast Guard analysis of the cases reviewed for the final rule will provide the owners or partially agrees. The Coast Guard ABSG report, along with deficiency managing operators the design and amended the section so that the reports from examinations of towing engineering standards for equipment generator does not need to be certified vessels during compliance exams and installations for new construction. to operate in an ambient temperature of conducted pursuant to 33 CFR part 104 The prescribed electrical power and 50 °C if it can be shown that the space as part of the implementation of the distribution system designs are based on the generator is in does not exceed 40 Maritime Transportation Security Act of proven electrical recommendations, °C. This reduction in minimum ambient 2002 (MTSA) (46 U.S.C. Chapter 701). practices, and consensus-based temperature rating reflects an These reports provided evidence that standards. established normal ambient temperature substandard machinery installation and allowance, even for large vessels maintenance is a concern on towing Electrical Power Sources, Generators, currently regulated by the Coast Guard. vessels. For example, from January 2006 and Motors With respect to proposed through August 2008, the Coast Guard We redesignated proposed § 143.340 § 143.340(b)(9) (now designated conducted 768 of these MTSA as § 143.555, and made nonsubstantive § 143.555(b)(8)) the Coast Guard compliance examinations of towing changes to simplify and shorten the received several comments suggesting vessels and issued 2,949 deficiencies. section. The Coast Guard received clarification on what the Coast Guard Electrical deficiencies involving several comments suggesting that meant by ‘‘two independent sources of

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40069

electricity’’ in this section. To clarify, We received a comment suggesting We received a comment suggesting the prescriptive requirement in what is that ‘‘essential systems’’ be defined to the use of a performance standard rather now paragraph (b)(8) requires a avoid confusion in the inspection than a specific cable hanging method. minimum of two sources of power. For process. The Coast Guard agrees, and The Coast Guard partially agrees with example, if a generator provides the notes that a proposed definition of the concern, but could not find an normal source of power for navigation essential system was included in acceptable performance standard, so we lights, there must be another generator proposed § 136.110. However, we have have amended the section to allow a 48- or a battery bank arranged as a amended the requirements of § 143.555 inch spacing, rather than the proposed secondary power source. One of the final rule to provide clarity on 24 inches, to be consistent with commenter suggested adding the word this issue. recognized electrical-contracting ‘‘essential’’ to paragraph (b)(8) this standards. Electrical Grounding and Ground In paragraph (a)(3) of that section, one section. The Coast Guard agrees, and Detection has modified the text accordingly. We commenter suggested that wiring be have also amended the section to We redesignated § 143.355 as allowed within 24 inches of moving specify the radios and navigation § 143.570. With regard to proposed machinery if the wiring is protected. equipment required in §§ 140.715 and § 143.355 the Coast Guard received The Coast Guard agrees, and amended 140.725. This change is in line with several comments stating that most this section to be applicable to cable and other comments suggesting that we towing vessels are ungrounded, and that wire runs. We also clarified that cable include the distress alerting the section should specifically adopt the and wire runs within 24 inches of communications equipment listed in ground detection requirements of 46 moving machinery must be adequately §§ 140.715 and 140.725. These CFR 183.378. Proposed § 143.355 did protected to prevent damage, and added comments also suggested that the not prohibit the use of ungrounded text to clarify what ‘‘moveable backup power source for the distress systems. The Coast Guard recognizes machinery’’ means. alerting communication equipment have that towing vessels can have either In paragraph (b), one commenter a means of monitoring the voltage grounded or ungrounded electrical suggested replacing the phrase ‘‘may available, and the source of supply distribution systems. We agree with the not’’ with ‘‘must not’’; the Coast Guard selected either by an automatic comment, however, and therefore added agrees that this language is clearer. This switchover or a simple switch in the detection requirements similar to 46 requirement is consistent with the vicinity of the emergency distress CFR 183.378. This requirement applies permitted use of flexible cords or alerting communications equipment. only to new towing vessels, and the extension cords in Section 400.7 of the The Coast Guard agrees that distress requirements are based on vessels National Electrical Code (NEC), and alerting equipment should be added to regulated under subchapter T, which Section 24.6.1 of IEEE 45–2002. In paragraph (c), the Coast Guard this section, and also that a means must have similar electrical systems. While received several comments stating that be provided to monitor the battery revising this section, we modified this section prohibits the use of power condition, and amended the section paragraph (e) to consolidate paragraphs strips. The intent of this section is not accordingly. (e)(1) and (3). The Coast Guard also received several to prohibit the use of multi-outlet We received a comment suggesting comments stating that this section does adapters (power strips), but to prevent that, if a battery were to serve as the not allow the use of common two-prong ‘‘daisy-chaining’’ of power strips, which required secondary power source, it appliances less than 50 volts or two- may overload the circuit. We have would need to be unnecessarily prong double-insulated tools. The Coast amended this section to clarify the oversized for the loads specified. We Guard considers the use of two-prong requirement to prevent circuit overload mostly disagree; there is no requirement double-insulated tools to be an when using power strips. that the secondary power source be a acceptable industry practice, and Towing Vessels That Tow Oil or battery (e.g., the secondary source could amended the section to allow the use of Hazardous Material in Bulk be a generator). The electrical loads double-insulated tools, or two-prong specified in this section are not appliances of less than 50 volts. Because of the reorganization necessarily large consumers, and any discussed earlier, a separate subpart for battery sized for these loads needs to be Electrical Conductors, Connections, and towing vessels that tow oil or hazardous sized proportionally, not oversized. Equipment material is no longer required. Proposed Also, this requirement in proposed We redesignated proposed § 143.360 §§ 143.405 through 143.435 have been § 143.340 has been amended to apply as § 143.575. As discussed elsewhere in incorporated into the final rule’s subpart only to new towing vessels. this preamble, we received comments C for new vessels. The requirements of However, we agree with the stating that existing vessel compliance proposed subpart D will not apply to commenter that some alarms may not with this section and other electrical existing towing vessels. This change require a secondary power source, and sections in the NPRM would involve responds to many comments arguing have amended this section to be specific substantial costs and retrofitting. The that proposed subpart D should not as to which alarms require secondary bulk of these comments are addressed apply to existing vessels. power. by making these electrical requirements Commenters who opposed the We received comments suggesting applicable only to new vessels. application of proposed subpart D to removal of the requirement in proposed With respect to proposed § 143.360, existing vessels argued that the § 143.350 to separate overcurrent the Coast Guard received several proposed requirements were not based protection for essential and non- comments suggesting we clarify on risk; would require unjustified or essential systems. We disagree, because paragraph (a)(2) with respect to wholesale retrofitting; would cause the intention is to prevent opening the overhead wiring. The Coast Guard severe economic penalty, circuit on essential loads because of a agrees, and amended the section to disproportionate financial hardship for fault in a non-essential system. This specify that this requirement is small towing companies, and might requirement has been amended to apply applicable to overhead and vertical eliminate certain classes of towing only to new towing vessels. cable runs supported by cable hangers. vessels. Also, several comments asserted

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40070 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

that the Coast Guard ignored the decline §§ 143.585, 143.590, and 143.595) a traditional towboat. Although the in the frequency and amount of oil regarding the installation of a second Coast Guard agrees that a bow steering spills from tank barges over the last main engine. The intention of the module may be considered equivalent to twenty years. Other comments proposed rule was to require the requirements of an alternate means mentioned that the proposed redundancy of necessary auxiliaries, of propulsion and/or steering, this type requirements in subpart D will have allowing a sustained or restored of arrangement would need to be little impact on the prevention of oil propulsion capability of the towing determined in particular cases by the spills in the tank barge sector because, vessel—not to require redundant OCMI or the Commandant for as noted by TSAC, ‘‘Current industry engines. The proposed requirements did equivalency. best practices have produced a dramatic not prohibit a towing vessel with single With respect to proposed § 143.405 reduction in oil spills from tank barges propulsor, but only placed requirements (now § 143.585), one commenter asked over the last decade and a half, with a for support equipment (auxiliaries) on whether paragraph (k) requires record low 919 gallons spilled (out of vessels with one propulsor. The automatic starting of a standby generator nearly 65 billion gallons transported) in requirements differentiate between or if the loads referenced should be on 2010, the last year for which complete independent and/or redundant control battery backup. The Coast Guard agrees Coast Guard statistics are available.’’ systems and the propulsion systems that the proposed section was unclear Also, industry comments mentioned under remote control. For example, on and amended the section by specifying that the preamble cites S. 1892, a bill a vessel with two propulsion engines, a second source of supply that is introduced into the 110th Congress, as the proposed rule requires the remote capable of automatically starting, and of a reason for including the proposed control of one engine to be independent helping to restore or maintain power to subpart D in part 143, and note that this of the remote control of the other propulsion, steering and related controls bill never became law. engine. For risk reduction, the proposed when the main power source fails. This We proposed subpart D based on the requirements would ensure that when requirement will provide continued or statistics from the ABSG report, which one engine remote control fails, remote restored operation of a towing vessel included high and low consequence control of the other engine would that moves tank barges carrying oil and incidents. Given the casualty history remain operable. We have also modified hazardous material in bulk, even if the presented in the ABSG report, the Coast what is now § 143.595 for vessels with primary systems fail. One commenter Guard determined that the proposed one propulsor, to clarify which was confused about what the Coast requirements could reduce the ongoing equipment is considered a vital Guard meant by ‘‘stored energy’’ in risk of oil spills and the resulting auxiliary, and eliminated the paragraph (l). The Coast Guard clarified consequences. Data on oil spills through requirement that this equipment this section by providing examples of 2014 shows a continual pattern of a few ‘‘automatically’’ assume the function of ‘‘stored energy systems’’ that are major spills contributing to the majority the failed unit. Although it is acceptable generally used onboard towing vessels. of the volume spilled each year. Even for vessels to have equipment that We also simplified this section by though a recent TSAC report notes a automatically starts when other removing paragraph (l)(2) as not dramatic reduction in oil spills from equipment fails, it is not absolutely necessary for towing vessels. tank barges over the last decade and a necessary, and in fact it may be With respect to proposed § 143.420 half, the casualty data through 2014 preferred for crew members to visually (now § 143.595), we added a clarifying indicates that minimum safety assess a failure or impending failure of description of ‘‘vital auxiliaries’’ in standards for engineering system design, the primary equipment before deciding paragraph (a). coupled with a robust inspection to manually start the redundant One commenter asked if proposed regime, would maintain or even further equipment. paragraph (d)(2) required two hydraulic reduce the risk of spills. In proposed § 143.405 (now tanks for steering. In response to the Several commenters provided § 143.585), one commenter suggested commenter, an acceptable arrangement information on the cost to retrofit preventative maintenance schedules would consist of two independent existing vessels to comply with the and additional required training in lieu hydraulic tanks, or one hydraulic tank Subpart D requirements. The estimates of some of the requirements in this separated by a solid baffle, which is range for all of the deferred section. The Coast Guard disagrees. considered equivalent to two tanks. requirements from $75,000 to $300,000 While an attentive operator may notice However, the Coast Guard has per vessel, higher than the Coast Guard problems before the associated alarms determined that the steering system estimates in the NPRM Regulatory and redundancy requirements are requirements of § 143.550 are sufficient, Analysis. Existing vessels are already triggered, the alarms (with appropriate that the requirements of § 143.595 are designed and constructed, so requiring delays) are required as a means to alert intended only for vital auxiliaries for a complete replacement of some vital the operator. We received a comment propulsion, and so we have eliminated engineering systems is neither practical suggesting separation of the propulsion the steering system paragraphs from this nor justified by the safety benefit and steering requirements in this section. Also, the fuel system achieved. section. The Coast Guard acknowledges requirements of proposed § 143.420(c) In light of the new information on the that propulsion and steering are two were redundant to current § 143.265, so costs for retrofitting existing vessels, the separate and vital systems, but the we removed that paragraph. requirements of the proposed §§ 143.340 requirements for alternate arrangements We received a comment suggesting through 143.435 have been removed for and independence for these systems as elimination of proposed redundancies existing vessels. The requirements are specified apply to both propulsion and in systems for vessels towing oil or retained in the final rule for new towing steering. Additional propulsion hazardous material, and leaving those vessels, as there is a smaller incremental requirements are also specified in types of decisions for a case by case cost to incorporate the design features in §§ 143.590 and 143.595. determination in the vessel’s TSMS. We a new vessel. We also received a comment disagree, because it is important for Several commenters misinterpreted suggesting the use of a ‘‘bow steering vessels with one propulsor to have the proposed requirements in proposed module,’’ which is essentially an assist redundancies in the vital auxiliaries— §§ 143.405, 143.410, and 143.420 (now vessel attached to a barge propelled by such as fuel, lube oil, and cooling

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40071

water—supporting the engine. However, A majority of the requirements are stability and other vessel characteristics this section has been amended to apply either the same or very similar to related directly to safety. We have done only to new towing vessels. requirements contained in the so in this final rule in our redesignated We received a comment suggesting Construction and Arrangement part in verification of compliance section, ‘‘grandfathering’’ proposed deferred subchapter T, Small Passenger Vessels § 144.135. requirements because of prohibitive (46 CFR part 177). We aligned part 144 With respect to the request to clarify costs, and have addressed this comment with the organization, and subpart and the terms ‘‘major conversion or by applying these requirements to new section titles, of part 177. This alteration’’ and ‘‘replacement in kind’’ vessels only. Another commenter organizational choice also better reflects in proposed § 144.220(a) and (b), in requested clarification of ‘‘independent’’ the relatively large number of part 144 § 136.110 we have clarified our as opposed to ‘‘redundant.’’ Those terms requirements that apply to both existing proposed definition of ‘‘major have distinct meanings, but we agree and new vessels, and the relatively conversion’’ and added a definition of that the proposed text could be clearer, small number that apply to new vessels ‘‘replacement in kind.’’ We note that and have amended §§ 143.115, 143.590, only. As a result of these changes, we § 144.135 uses the phrase ‘‘major and 143.595 to define and use the term use the term ‘‘vessel’’ when discussing conversion or alteration’’: Although ‘‘independent.’’ In this subpart, requirements that apply to both new ‘‘alteration’’ is not defined in this rule, ‘‘independent’’ means the ability to and existing vessels, and use the we use the term as it currently used in perform a function regardless of the specific terms ‘‘new’’ or ‘‘existing’’ 46 CFR 91.55–10 to mean an alteration status of another system, and vessel to describe those that apply only that involves the safety of the vessel. ‘‘redundant’’ is not used in subchapter to one or the other. At the end of this Separately, we have reformatted the text M. discussion of comments on part 144 and of § 144.135 in tabular form to make this structures and stability, we have section easier to read. N. Construction and Arrangement (Part provided a derivation table that lists The term ‘‘verification of compliance’’ 144) part 144 section numbers in this final in part 144 addresses verifying that the We received general comments rule and the proposed sections from design of a vessel meets the standards used. To distinguish this activity from suggesting the requirements proposed in which they derived. Also, where the compliance verification required in part 144 were not justified by risk-based appropriate, we have noted the part 137 under the TSMS option, we decisions and should therefore be corresponding part 177 section number have added the words ‘‘with design removed. A commenter felt that some or an explanation of an edit. standards’’ to this term. We also proposed regulations in this part are too We received several comments, removed from this section the provision stringent: For example, the commenter mainly from maritime companies that a verification of compliance be felt that the stability requirements in suggesting revisions to § 144.215. Commenters suggested that special performed upon request of the Coast subparts A, B, and C of part 144 are not consideration be given to structural Guard because this is covered by part reflective of the loss history for inland requirements for towing vessels 136. vessels. ‘‘operating exclusively within [limited To provide more options for the We disagree with the characterization geographic areas], and towing vessels qualifications in proposed § 144.225, of proposed part 144 as not risk-based under 65 feet in length, in addition to now re-designated § 144.140, we have and, further, we believe they represent towing vessels of an unusual design.’’ extended the group of entities able to the minimum safety standard of We agree with these commenters that verify compliance with design standards construction and arrangement that is the types of vessels for which special to include the Coast Guard and certain common to all inspected vessels. While consideration may be given in proposed authorized classification societies, not there are some requirements applicable § 144.215 should be clarified, and we just ABS. For the purposes of this only to new towing vessels, these have adopted the suggested under-65- verification, the authorized requirements do not exceed the feet-in-length measure to define what classification society must have been requirements imposed on other types of we had described as ‘‘small vessels’’ in delegated the authority to issue a small inspected vessels and, for this the proposed rule. This rule also SOLAS Cargo Ship Safety Construction reason, we do not agree that they can be provides that special consideration may Certificate and the employee who considered to be too stringent. As for be given to vessels operating exclusively performs the verification must have the existing towing vessels, we find no within a limited geographic area, proper qualifications. Similar references requirements in this rule that would because the OCMI is familiar with the to ABS with respect to a verification of require costly modifications to a specific hazards of the limited compliance with design standards have properly maintained and satisfactorily geographic areas within his or zone. been revised accordingly. Regardless of functioning existing towing vessel. Commenters felt that proposed the inspection option chosen, the Three commenters suggested that § 144.220(a) should be edited to ensure verification of compliance with design organizing vessels into two subparts, that routine upgrades to equipment, standards can be performed by any one existing vessels and new vessels, such as engine repowering, would not of the persons or entities identified in instead of three subparts, would be require compliance verification. § 144.140. easier for issues related to Further, towing companies felt that Some commenters discussed the costs grandfathering. We generally agree that proposed § 144.220(a) and (b) should be of developing plans for review. Two the proposed regulations would benefit revised to clarify the intention of the maritime companies suggested that from reorganization, and we have terms ‘‘major conversion or alteration’’ proposed § 144.230, Procedures for modified this part to delete and ‘‘replacements in kind.’’ verification of compliance with requirements repeated in other parts of The Coast Guard believes that construction and arrangement the subchapter or that were too vague. compliance verification with design standards, would be costly for Further, we agree with the commenters standards for upgrades to equipment, companies with older vessels that were with respect to organizing requirements such as engine repowering, as in constructed without plans produced by into a format that is more aligned with proposed § 144.220(a), should be a naval architect. A maritime company other inspection subchapters. retained because of possible changes to suggested alternatives for hull structure

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40072 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

and piping, electrical, machinery need to be repeated in part 144. We inspected, the stability standards for an systems and stability reviews that it made no changes from the proposed existing vessel in § 144.300 will require viewed as more cost-effective. rule based on these comments. the vessel to show it has a history of Proposed § 144.230, now re- Both proposed § 144.310(a) for satisfactory service that does not cause designated § 144.145, was intended for existing vessels and proposed § 144.405 its stability to be questioned, or meet a vessels undergoing a major conversion for new vessels specified that a vessel similar standard that ensures adequate or alteration to the hull, machinery, or classed by ABS would meet the stability. Stability standards for a new equipment—as described in proposed structural standards of part 144, because vessel in § 144.305 will require the § 144.135. A major conversion often ABS rules include stability standards vessel to show it complies with results in an extension of the vessel’s that generally meet those contained in minimum standards that are applied to service life. Therefore, the procedures in Coast Guard regulations. We have other inspected vessels. One commenter § 144.145, would not be invoked unless consolidated those sections into suggested that a minimum freeboard of required by § 144.135. Because § 144.120, stating that a vessel that is ‘‘like 24 inches’’ for all vessels would § 144.135 does not require a verification classed by a recognized classification improve stability standards. While the of compliance with design standards for society is in compliance with subparts Coast Guard agrees that a requirement an existing vessel, we do not envision B and C of part 144. In accordance with for such a freeboard may improve that an owner or operator would need proposed § 136.210(c), as well as similar stability, both the degree of the stability to provide plans to ensure the existing changes in this rule, we have improvement and its benefit are vessel complies with the standards acknowledged that structural and unknown and, for this reason, a used. A new towing vessel will need to stability standards contained in the freeboard requirement of this amount undergo a verification of compliance rules of other recognized classification was not included in this final rule. with design standards. societies are commensurate with ABS An association commented that that We have clarified procedures for rules, and have extended this provision the proposed regulation (§ 144.355) does verification of compliance with design to class by a recognized classification not contain size requirements and standards to require copies of verified society. specifications for accommodation plans be provided to the third-party In a similar way, we recognized that spaces for the crew. The commenter organization that conducts a survey, if proposed § 136.210(d) deemed a vessel recommended several specifications to applicable, in addition to the OCMI. with a valid load line certificate to be be included in the regulations. Two commenters suggested that in compliance with structural and The Coast Guard declines to adopt the because naval architects are well stability standards, among others, and suggested specifications. Our proposed qualified, a P.E.’s signature is not since proposed § 144.310(b) repeated requirements for accommodation spaces needed for vessel construction. While this, § 144.125 contains this text. for the crew on towing vessels subject many naval architects are also licensed In proposed §§ 144.305 and 144.310, to inspection under this subchapter P.E.s in the jurisdiction in which they we proposed structural standards for an were contained in proposed § 144.355 reside or conduct their business, not all existing vessel. These are now and were generally taken from are. The benefits of P.E. licensure are contained in § 144.200, which has been subchapter T—small passenger vessels. well documented and accepted in the aligned with §§ 144.120 and 144.125 to In response to comments, we have United States. The requirement for a avoid repetition. As provided in amended proposed part 144 to include P.E.’s seal on vessel construction plans proposed § 144.305(a), an existing vessel a subpart dedicated to crew spaces. may be considered commensurate with to which no construction standard was Crew space requirements in this final that required for buildings within a applicable would need only show that rule, as we proposed in the NPRM, are municipality. Accordingly, we clarified it has been in satisfactory service and its based on performance standards rather in § 144.145 that the documents must be service history does not cause the than prescriptive size requirements. stamped with the seal authorized for use structure of the vessel to be questioned. With respect to proposed storm rail by the individual performing the Similarly, structural standards for new requirements in proposed § 144.340, verification, whether that is the P.E. or vessels that we proposed in § 144.410 now re-designated § 144.810, we added a representative of the recognized are now contained in § 144.205. The use the option of hand grabs but removed classification society or the Coast Guard. of alternate design standards is covered the requirement for storm rails on both We acknowledge that there may be gaps by § 136.115 as discussed elsewhere in sides of a passageway more than 6 feet in documentation of smaller vessels, so this preamble. wide because there are no towing we have clarified that the term ‘‘plan’’ Because the requirements of proposed vessels to which this subchapter would means drawings, calculations, §§ 142.220(c) and 144.350(a) were so apply that would have such a wide schematics, diagrams or other similar, we have merged them into passageway. documents and provide a list of what § 144.415. An individual suggested the removal those plans may include, based mostly A commenter said that proposed of proposed § 144.345, Guards in on 46 CFR 177.202. § 144.315 and § 144.415 regarding dangerous places, because of its We have clarified and revised the stability standards would not apply to similarity to proposed § 143.230. We provisions for sister vessels in proposed all vessels and was concerned about decided to keep this requirement, now § 144.235, now re-designated § 144.155, grandfathering a number of vessels that designated § 144.820, in part 144 and to be consistent with §§ 144.135, may be unstable and remain delete the similar requirement in part 144.140, and 144.145. uninspected. As discussed in more 143. Two commenters said that the detail elsewhere in this preamble, this With respect to insulation of hot marking requirements in proposed final rule focuses on the towing vessels piping, we retain the requirement for § 144.240 should include the same basic presenting the greatest risk. Further, existing vessels in proposed colors used to mark piping for several commenters stated that stability § 144.350(b), now redesignated flammable liquid, seawater cooling, and is not a problem on inland towing § 144.830, and for new vessels we firefighting systems proposed in vessels. The Coast Guard notes that provide a similar but more specific § 143.270(c). We do not agree that casualty records generally support this requirement that aligns with an existing piping marking requirements in part 143 view. For an existing vessel that will be requirement in 46 CFR 177.970.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40073

In reference to a collision event The Coast Guard notes that while adequate visibility regardless of weather involving the tug Caribbean Sea and a ‘‘height of eye’’ requirements are not conditions. In response to the idea to ‘‘Duck’’ tour boat in Philadelphia in specifically addressed in this rule, the include a ‘‘transmissivity of light’’ 2010, a commenter recommended that regulations in subpart I require requirement, the Coast Guard notes that the NPRM include ‘‘height of eye’’ windows and other openings at the 46 CFR 177.1030(b) includes such a guidelines for towing vessels. The operating station to be properly located standard for operating station visibility commenter also suggested that the Coast to provide a clear field of vision. As for small passenger vessels and we Guard consider including the proposed in both §§ 144.325 and decided to include this same ‘‘transmissivity of light’’ through glazing 144.425, the visibility of the windows requirement at what is now § 144.905(e). materials on towing vessels in proposed immediately forward of the operating § 144.325 or § 144.425. station in the pilothouse must allow for

TABLE 2—DERIVATION OF SECTIONS OF PART 144 FROM THE NPRM

Final rule NPRM Section section No. No.(s) Notes (if necessary)

144.100 ...... 144.100 Revised text referring to ‘‘plan review and approval’’ to ‘‘verification of compliance’’ for clarity. 144.105 ...... 144.200, Created general applicability section, § 144.105, after removing definition section. Our revisions to part 144 144.300, eliminated subparts specifically for all vessels, existing vessels, and new vessels, so we combined applica- 144.305, bility sections for those subparts into § 144.105. In paragraph (b) that refers to alterations or modifications, 144.400 text similar to that contained in SOLAS Chapter II–1/1.3, ‘‘. . . insofar as is deemed reasonable and prac- ticable’’ is added to reflect actual process that will be addressed in the verification of compliance with design standards. 144.105 Removed § 144.105, Definitions; added definition of ‘‘length between perpendiculars or LBP’’ to § 136.110. De- 144.110 rived definition for LBP term, used in final rule §§ 144.155 and 144.315, from § 170.055. We moved the con- tent of the former § 144.110 to a consolidated central incorporation by reference section for the entire sub- chapter, § 136.112. 144.120 ...... 144.310(a), While proposed § 144.310(a) addressed only structural adequacy, proposed § 136.210(c) was broader and re- 144.405, ferred to compliance with the entire subchapter. This section reflects the general satisfaction of subparts B 136.210(c) and C of part 144 by vessels currently classed by a recognized classification society. 144.125 ...... 144.310(b), While proposed § 144.310(b) addressed only structural adequacy, proposed § 136.210(d) was broader and re- 136.210(d) ferred to compliance with the structural, drydocking, and stability requirements of the subchapter. This sec- tion reflects the satisfaction of structural, stability, and watertight integrity requirements by a vessel holding a valid load line certificate. 144.130 ...... 136.115(b) Vessel in compliance with SOLAS is considered to be in compliance with part 144. 144.135 ...... 144.220 Verification of compliance requirements are placed into a table for clarity. 144.140 ...... 144.225 Qualifications revised into a table for clarity. 144.145 ...... 144.230 Procedures for verification are clarified with minor revisions that include a clarification that ‘‘stamped’’ means the imprint of the seal of the P.E. and that ‘‘plans’’ include a list of drawings, diagrams, calculations, sche- matics and other similar documents. 144.155 ...... 144.235 Sister vessel verification clarified with general revisions. Among these is a change of ‘‘same plans’’ to ‘‘verified plans’’ and ‘‘equipped with same machinery as the first vessel’’ to ‘‘equipped with machinery of the same make and model as the original vessel.’’ 144.160 ...... 144.240 General marking requirements clarified with general revisions including a more appropriate reference to draft mark required in subchapter I at 46 CFR 97.40–10. 144.205 Proposed section on TSMS deleted because the proposed TSMS requirements are contained in parts 137 and 138. 144.210 Proposed section with general requirements deleted because the general requirement is repeated from parts 136 and 137. 144.200 ...... 144.310 Structural standards for existing vessels are contained in this section. 144.205 ...... 144.410 Structural standards included for new vessels including rules and alternatives. 144.215 ...... 144.215 This section is revised to clarify conditions under which OCMIs may act on special consideration. 144.300 ...... 144.315 Retains proposed stability requirements for an existing vessel with a stability document and added satisfactory service, operational tests, or a satisfactory stability assessment as standards for an existing vessel without a stability document; weight and moment history moved to § 144.315. 144.305 ...... 144.415 Contains stability requirements for new vessels; lifting requirements moved to § 144.310; weight and moment history moved to § 144.315 144.310 ...... 144.415(d) New section for lifting requirements. 144.315 ...... 144.315(c), Weight and moment history requirements consolidated into one section. 144.415(e) 144.320 ...... 144.320(a) Revised to refer to both new and existing vessels; section title changed to also refer to weathertight integrity. 144.330 ...... 144.320 Revised section to provide OCMI authority to require review of a vessel’s watertight or weathertight integrity. Proposed paragraphs (a)(1), (2), and (3) are deleted as repetitions of requirements in §§ 140.610(a) and (f) and § 143.270, respectively. 144.400 ...... 144.435(a) Fire protection requirements applied to a new vessel, except § 144.415 which applies to each new and existing vessel. 144.405 ...... 144.435(a) Section title taken from § 177.405(a) with the requirements unchanged from the proposed rule. 144.410 ...... 144.435(b) Section title taken from § 177.405(c) with the requirements unchanged from the proposed rule. 144.415 ...... 144.350(a), Section title taken from § 177.405(b) with the requirements in three proposed sections merged. 144.435(c), 142.220(c) 144.435(d) The provisions in proposed § 144.435(d) are covered in § 142.225, Storage of flammable or combustible prod- ucts. 144.425 ...... 144.435(e) Section title taken from § 177.405(f) with the requirements unchanged from the proposed rule.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40074 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

TABLE 2—DERIVATION OF SECTIONS OF PART 144 FROM THE NPRM—Continued

Final rule NPRM Section section No. No.(s) Notes (if necessary)

144.430 ...... 144.435(f) Section title taken from § 177.405(g) with the requirements unchanged from the proposed rule. 144.500 ...... 144.330(a), Requirements similar to § 177.500(a) 144.330(e) 144.505 ...... 144.330(b) Requirements similar to § 177.500(b) and (c) 144.510 ...... 144.330(c) Requirements similar to § 177.500(n) 144.515 ...... 144.330(d) Requirements similar to § 177.500(o) 144.600 ...... 144.360(a) 144.605 ...... 144.360(c) 144.610 ...... 144.360(b) 144.700 ...... 144.355(b),(c) 144.710 ...... 144.355(a) 144.720 ...... 144.355(d) 144.800 ...... 144.335 144.810 ...... 144.340 Added hand grabs as an option to storm rails and removed requirement for storm rails on both sides of a pas- sageway more than 6 feet wide. 144.820 ...... 144.345, Proposed requirements for guards for exposed hazards in part 143 is merged with part 144 proposed require- 143.230 ment. 144.830 ...... 144.350(b) Hot piping insulation requirement for an existing vessel is retained and a more specific requirement for a new vessel is based on § 177.970. 144.905 ...... 144.325, Proposed requirements for operating station visibility for both existing and new vessels are merged. 144.425 144.920 ...... 144.430 Changed ‘‘porthole’’ to ‘‘portlight’’ to match our intent for this requirement. In practice, this change is a nonsub- stantive clarification because the requirement is only relevant to portholes with portlights.

O. Miscellaneous Comments reasoning we provided in the preamble While these comments are not in of the NPRM for that proposed text: direct response to the regulatory text we In the NPRM we discussed comments • Machinery and Electrical: A proposed, we have addressed these submitted in response to seven commenter noted that space constraints comments in the same section of the questions we posed in a December 30, and crew abilities should be considered preamble where we discuss comments 2004, Inspection of Towing Vessels before requiring new equipment on on the corresponding proposed notice. Some commenters commented small vessels. regulatory text. For example, for a on those questions and that discussion. • Applicability: Three commenters response to the comment regarding One person stated that uninspected suggested that existing vessels should be whether existing and new vessels towing vessels have been running ‘‘grandfathered’’ to minimize the should be treated differently efficiently for more than a century and expense and potential closing of (‘‘grandfathered’’) with respect to fire that they have no problems that need to businesses that will not be able to protection standards, see the Fire be addressed by a TSMS. In response to comply with new regulations. One Protection discussion of comments a discussion of grandfathering, another commenter felt that few vessels other section. commenter stated that many existing than those under 26 feet, or those used A towing company requested that the towing vessels have operated in excess for commercial recreational vessel Coast Guard consider issuing a of 40 to 60 years without a major towing assistance, should be exempted supplemental NPRM so the public and accident. from the regulation, and that fleeters industry will be able to review the While towing vessels may be running should be exempted on a case-by-case revisions to the rule before it is final. A efficiently, and many may not be basis. maritime company suggested that the involved in a major casualty, as we • Construction & Arrangement, Fire Coast Guard urge towing companies to noted in the NPRM, towing vessel Protection, and TSMS: One of those become familiar with tried and tested casualties continue to occur. Each year,6 commenters would only apply engineering guides and standards. The there is an average of 18 fatalities, 35 grandfathering to equipment, hull commenter also suggested that the injuries, $66 million in property construction and structural fire- Bridging Program remain functioning damages, and 446,000 gallons of oil protection requirements, but until all towing vessels are found to be spilled. Additional damages occur after recommended that all vessels should compliant with the rule. towing vessel casualties in the form of comply with the proposed SMS rules We disagree with this commenter delays from lock and waterway closures. within one year. about issuing a supplemental NPRM. A primary objective of this rulemaking • TSMS: The same commenter This final rule reflects consideration of is to reduce fatalities, injuries, property suggested that using the ISM Code from the thousands of comments we received damaged, and oil spilled, by reducing 2002 as a guideline in developing the on the NPRM we published in 2011. the risk of towing vessel casualties. SMS requirements will allow for a Regarding urging towing companies to Others who commented on our number of operators using the AWO become familiar with tried and tested discussion of these questions from 2004 RCP to be compliant. engineering guides and standards, we focused on specific subject areas • Fire Protection: The commenter also encourage towing companies to obtain intended to be addressed by our felt that existing vessels should be knowledge from such guides and proposed regulatory text and the treated differently from newly standards, but the purpose of this final constructed vessels because of the rule is to establish specific 6 Casualty consequences are from MISLE for likelihood that fire standards will make requirements. This rule provides some accidents from 2002–2007. it difficult to retrofit existing vessels. flexibility (e.g., the option to choose a

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40075

TSMS or Coast Guard inspection fatigue management may be part of a managing operator to examine their regime) but it is not a guidance TSMS. We are considering developing a operating conditions and decide if document: it imposes requirements for separate rulemaking for hours of service having an anchor and other ground which penalties may be applied if the and crew endurance management based tackle is appropriate. requirements are not met. We have not on our authority under 46 U.S.C. Two commenters suggested that made changes from the proposed rule 8904(c). If we do so, we will publish a doubler plating is not acceptable as a based on this comment. separate document in the Federal longstanding repair policy and As for the Bridging Program, we are Register. We have made no changes recommended that the use of doubler currently in Phase 2 of that program. from the proposed rule based on these plating be prohibited in regulation for During Phase 1, we conducted Industry comments. vessels that have been inspected, unless Initiated Examinations for companies Two commenters urged the Coast it is approved by a Commandant. taking advantage of the opportunity to Guard to include a regulation that The Coast Guard has not adopted this participate in this Coast Guard program. requires companies to provide mariners recommendation. Second, since this Phase 2 is focused on Risk-Based with a ‘‘letter of sea service’’ when the comment was submitted, ASTM has Targeted Examinations and is scheduled mariner is renewing their credentials. issued a national consensus standard for to continue until this final rule becomes We believe this suggestion is outside the use of doubler plates as a permanent effective. Phase 3 will commence with the scope of this rulemaking. We would repair for vessels in all services. We the implementation of the new want to receive comments on this have made no changes from the subchapter M towing vessel inspection suggestion in a separate rulemaking proposed rule based on these comments. regulations and issuance of Certificates before imposing such a requirement. A commenter suggested that the of Inspection (COIs). An individual and an association felt NFPA standards referenced in the A commenter suggested that towing that the ‘‘Bridging’’ book, updated with NPRM be updated to the current vessel officers and officer candidates be regulations from this final rule and editions. This commenter also requested tested on the new towing vessel other related regulations, should be that we correct our references to NFPA inspections that appear in the final rule. provided in electronic format to provide 70, the National Electrical Code (NEC), The commenter said the Coast Guard a clear regulatory and policy statement which are listed incorrectly as ‘‘National provides only one opportunity to test to the towing industry and thereafter the Electric Code’’ in proposed §§ 136.110, the ‘‘professional knowledge’’ of Coast Guard should require the book or 136.112, 143.120; 143.340(b)(6); candidates for Apprentice Mate/ an updated electronic copy be carried 143.350(b); and Section II, Steersman, Mate/Pilot, and Master of aboard each towing vessel. One of these Abbreviations. Towing Vessels, and that for years, it commenters noted that when the Coast The Coast Guard believes it is not tolerated insufficient knowledge of Guard promulgated new oil pollution necessary to update to the current existing regulations throughout the regulations in 1973, they provided an editions of the NFPA standards at this towing industry by licensed officers, explanatory pamphlet and a required time; in this final rule we have management, and even Coast Guard completion of an ’’open-book’’ test on maintained the NFPA editions that we personnel assigned to boarding parties. the new regulations. proposed in our NPRM. We have, He noted that the Coast Guard’s Towing The Coast Guard notes that the Coast however, corrected the error in our Vessel ‘‘Bridging’’ program has done a Guard’s Bridging Program will cease to citations to NFPA 70, National Electrical commendable job trying to reverse this be applicable to towing vessels once this Code (NEC). trend. final rule becomes effective. We have A maritime company felt that the Before imposing training prepared a Small Entities Guide which terminology used in the proposed rule requirements on those credentialed is available in the docket. With respect is broad and could be interpreted under 46 CFR subchapter B, we would to an electronic form of subchapter M differently depending on the reader. The want to receive comments in a separate and other related regulations, we note commenter gave ‘‘major defects’’ and rulemaking on such proposed that this final rule and subchapter M ‘‘substantial’’ as examples of items requirements. As for Coast Guard regulations that will become part of the totally left up to the opinion of the personnel conducting inspections under CFR will be available through individual auditor, and suggested that subchapter M, it is our normal process www.gpo.gov/fdsys. more precise terms be included to to draft a specific Performance An association commented on the ensure consistency in the application of Qualification Standard to ensure that need for vessel route restrictions on a the regulations. inspectors are properly trained and fully COI to be done on a vessel-by-vessel The Coast Guard notes that we did not capable of performing such inspections. basis based upon reasonable safety use the term ‘‘major defects’’ in the Also in our oversight of TPOs, we will considerations, and the need for NPRM. We did, however, use the term be sure to assess the TPO personnel’s adequate sea anchors and ground tackle ‘‘major non-conformity,’’ which we also comprehension of subchapter M for towing vessels that service oceans defined. We also note that we have requirements. and coastwise routes. added or amended definitions based on One commenter felt that there is a A Coast Guard OCMI will make many comments on our proposed rule. lack of adequately trained lookouts and vessel-specific determinations regarding In this final rule we do use the word that providing the Master and Pilot with a vessel’s route and other operating ‘‘substantial,’’ or a version of it, in our a trained, well-rested lookout can avoid conditions which will be identified in definition of ‘‘major conversion’’ in many significant and costly towing the vessel’s COI. Towing vessels come § 136.110 and in our revocation of TPO accidents. in a variety of shapes, sizes, and approval section, § 139.150. We agree We agree that a trained, well-rested services, some of which could utilize that using more precise terms is lookout would be more likely to help anchors and other ground tackle as appropriate when one is available, but avoid towing accidents than a tired appropriate. An anchor that is sometimes a more flexible term is the lookout who is not adequately trained. appropriate for the towing vessel would only appropriate term to use. We believe The rule does not contain specific not necessarily be adequate to this is true of our uses of the term training or hours of work requirements accommodate the tow. It is incumbent ‘‘substantial’’ in this final rule and that for lookouts, although such training and upon the towing vessel owner or the common understanding and

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40076 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

definition of that term, combined with service as minimal and in need of adequate sleep would be to keep a Coast Guard interpretation of that term revision. Another commenter said record of each crew members’ work and in other regulations, does place mariners resent the Coast Guard’s rest schedule. We note that NVIC 02–08, restrictions on how individual auditors failure to take a stand on maximum Enclosure (4), provides a CEM program may interpret it. We have made no work hours and safe minimum manning evaluator checklist to capture areas that changes from the proposed rule based requirements. need improvement and ways to go about on this comment. In the NPRM, the Coast Guard shared addressing those areas. Page 4 of Lastly, a commenter suggested that its views on potential HOS and CEMS Enclosure (4) provides an example of the Coast Guard implement a program standards and requirements, how a crew member might analyze their notification system to remind vessel and sought additional data and other current work/rest schedule to identify owners of deadlines that are information that we solicited through any associated risks involving fatigue. approaching for their fleets. specific questions because, as we stated, Several commenters suggested The Coast Guard notes that it has a we are ‘‘considering establishing hours regulations that limit the workday to 12 system that is currently used for other of service standards and requirements hours in a 24-hour period for all inspected vessels to provide owner and for managing crew endurance, the mariners. One commenter said the managing operators with notification of ability for a crewmember to maintain NPRM should mandate maximum work- impending compliance deadlines and performance within safety limits while hour limitation for unlicensed plans to use this same system for towing enduring job-related physiological and personnel and maximum allowable vessels inspected under this subchapter. psychological challenges.’’ (76 FR work days and rotations. However, owners and managing 49991, Aug. 11, 2011.) We received numerous other operators are still ultimately responsible We received several comments comments. One commenter said that for meeting these deadlines and the suggesting that the traditional 2-watch without clear and enforced work-hour associated inspection requirements system be replaced by a 3-watch system regulations and independent third-party including notification of the cognizant that provides more opportunity for inspections, towing boat companies will OCMI as required in part 136. increased uninterrupted sleep. One continue to exploit crews who are eager commenter said work durations should to remain employed. P. Crew Endurance Management be reduced to a maximum of 21 days, One commenter urged the Coast Systems (CEMS) with a phase-in of the 3-watch system Guard to promulgate HOS regulations We thank those who commented in within 10 years. Another commenter consistent with NTSB Safety response to our Hours of Service (HOS) recommended that the Coast Guard Recommendation M–99–1. A maritime and CEMS preamble discussion in the develop a NVIC to provide one or more company recommended minimum NPRM (76 FR 49991–49997, Aug. 11, specific 2-watch rotation models that hours of rest similar to those set forth in 2011). These comments have helped to would meet the work hour limitations the latest STCW (Manila) amendments inform our consideration of HOS and and minimum rest hour standards. (STCW 2010, Chapter VIII, Section A– CEMS issues confronting the maritime Several commenters noted that a ‘‘6- VIII/1). community. on, 6-off’’ schedule is unsafe or One association noted that the Coast As we stated in the NPRM, the Coast insufficient for allowing adequate rest. Guard should have decided this issue Guard would later request public One commenter said an ‘‘8-hour on, 4- ever since that association first comment on specific hours-of-service or hour off; then 4-hour on, 8-hour off’’ presented it in May 2000 in National crew-endurance-management regulatory schedule would achieve the maximum Mariners Association Report #R–201 text if it seeks to implement such hours of rest while maintaining the titled ‘‘Mariners Speak Out on requirements. We are considering current amount of crew. However, Violations of the 12-Hour Work Day.’’ developing a separate rulemaking for another commenter said an ‘‘8:8:4:4’’ We received several comments HOS and CEM based on our authority schedule may allow for less total sleep supporting the implementation of an under 46 U.S.C. 8904(c). If we do so, we over 24 hours than a ‘‘6:6:6:6’’ schedule. HOS rule that would allow for sufficient will publish a separate document in the We received several comments time off to obtain at least 8 Federal Register. referencing crew manning with respect uninterrupted hours of sleep, or at least We have summarized HOS and CEM to potential work hour requirements. 7 hours of uninterrupted sleep and an comments below as a means of sharing Some commenters said any towing additional sleep period in every 24 hour the valuable input we received on this vessel operating over 12 hours in any period. However, some commenters said topic we discussed in the NPRM, but we 24-hour period should be manned with the current statutory requirements in 46 have limited our responses because we two full crews, not just with two U.S.C. 8104(g) are sufficient. are not proposing HOS or CEM licensed officers. One commenter Several commenters opposed a requirements in this document. In recommended a safe manning level that requirement for a minimum of 7 to 8 general, we have only responded to would support a 3-watch system for hours of uninterrupted sleep for these comments when we want to refer vessels towing laden tank barges personnel on towing vessels. A to what we said in the NPRM or point containing oil or hazardous material in maritime company responded that to currently available guidance or bulk. Another commenter stated that the requirements should consist of a resources to address an issue raised. We Coast Guard should require a relief pilot minimum of one 6-hour period of have attempted to sort these comment or three pilots onboard vessels (captain, uninterrupted rest within a 24-hour summaries based on the questions we after watch pilot, and swing pilot). period and a minimum of 10 hours per asked in the NPRM. Several commenters noted that crews day of total rest. Two commenters stated Some commenters wondered why, are increasingly undertaking that the NPRM’s focus on a minimum of despite assembling sufficient data, the administrative duties, which can impact 8 hours of uninterrupted sleep fails to Coast Guard seeks additional appropriate manning and mariners’ acknowledge that a long sleep period in information on potential requirements opportunity for rest. conjunction with a nap of shorter to increase uninterrupted sleep An element of a CEMS that might duration during a 24-hour period do not duration, while others described the improve the awareness of the lack of result in a compromised mental and Coast Guard’s efforts to address hours of opportunity for crew members to obtain physical state. Similarly, a commenter

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40077

said it is not the number of gauge work and rest schedules considerations can have an adverse uninterrupted hours of sleep per day throughout daily onboard operations. impact on a mariner’s ability to obtain that is important for performance and A maritime company responded that adequate sleep. maintenance of alertness, but rather the while 7 hours of sleep is ideal, this does We received one comment that said total hours of sleep per 24 hours. Also, not work well in a 12-hour work requiring 7 to 8 hours of uninterrupted the commenter said data indicates that schedule, and is still controversial even sleep would require one-third more shift workers who work 8 hours and within the pioneering companies that crewmembers than the company have 16 hours off to sleep only obtain initially implemented and tested the presently can accommodate on board. 5 to 6 hours of sleep when sleep occurs CEMS practices. The commenter One commenter stated that recent at the ‘‘wrong’’ circadian time. concluded that the CEM training teaches data on sleep make it unlikely that We received one comment saying the that this—getting 7 hours of sleep—is crews on a ‘‘7:7:5:5’’ or an ‘‘8:8:4:4’’ best method is to allow for anchor sleep the last and one of the least important watch schedule could obtain close to 7 to occur during one sleep opportunity facets of the program. or 8 hours of sleep, even when the and a nap sleep to occur during the Another maritime company endogenous drive to sleep coincided second sleep opportunity. A maritime responded that, when given a 7- to 8- with a 7- or 8-hour rest period. company responded that a Safe hour sleep opportunity, mariners cannot Two commenters said focus on Manning Document, with prescribed obtain 7–8 hours of uninterrupted sleep. nutrition and hydration has helped watch requirements taking into account Thus, it is common in the towing vessel employees, but the companies have not the vessels route and service industry to allow for two sleep changed watch schedules. Two other requirements, would be the best way to opportunities where each opportunity commenters responded that they have ensure that sufficient qualified allows for significant sleep such as on implemented CEMS, but one noted that personnel are available for 12 hours of a ‘‘6:6:6:6’’ square watch schedule. it does not require that mariners receive work per day. We received many comments, mostly 7 to 8 hours of uninterrupted sleep. A maritime company responded that from maritime companies, opposing a An association and another the direct financial impact on its potential requirement for a minimum of commenter said a CEMS program alone company would be minimal, as most of 7 to 8 hours of uninterrupted sleep for cannot account for the fatigue caused by its vessels are already manned to allow personnel on towing vessels because no the existing 2-watch system on vessels for 7 or 8 hours of uninterrupted sleep current watchstanding system meets in 24-hour service. The commenters (three in each department). However, this standard. Several commenters, stated that many mariners are unwilling the commenter noted that the company including maritime companies, said the to adjust their lives to fulfill the would lose some level of oversight and ‘‘6 on/6 off’’ watch schedule has worked requirements of the system, and daily productivity in performing, for for many years and should not be employers who force the program upon example, inspections and maintenance. altered. A maritime company responded their mariners will encounter One commenter stated that sufficient that the traditional ‘‘6 on/6 off’’ watch resentment and retention problems. uninterrupted sleep for vessel crew is schedules would have to be changed to A maritime company responded that the best insurance a vessel owner or a ‘‘5/7/7/5,’’ or’’ 4/8/8/4,’’ and a ‘‘12/12’’ if a CEMS program enabled crews to managing operator can have against schedule may even need to be worked obtain 7 to 8 hours of total sleep over casualties. A maritime company stated depending on vessel operations. a 24-hour period, such a program could that there would be a benefit to Another commenter expressed concern be effective in combating fatigue. managing work periods in relation to about the difficulty that operators would Another maritime company responded safety, but setting a minimum number of have in finding experienced personnel that any operation can benefit from CEM consecutive hours without changing the to meet the proposed watch standing practices absent of work/rest changes. 12-hour work period may make it standards. Diet, exercise, and environmental difficult to manage vessel operations in One commenter responded that it is factors are all critical to improving a 24-hour period. impossible to mandate that mariners operations and reducing fatigue. One commenter responded that ‘‘obtain a required number of hours of Another maritime company allowing crews a 7- to 8-hour sleep uninterrupted sleep, such as 7–8 responded that there is no evidence opportunity does not mean hours.’’ Instead, what is needed is to HOS restrictions reduce casualties and crewmembers will routinely obtain 7 to change mariner culture such that injuries, although this may be possible 8 hours of uninterrupted sleep because sufficient sleep is understood to be if crews can achieve 7 to 8 hours of total it is impossible to mandate sleep. important for optimal performance, sleep on a day-to-day basis. We agree that a mandate to provide an safety, and health. A maritime company commented that opportunity for a sufficient number of A maritime company said a mandate no existing programs could be hours of uninterrupted sleep will not would undoubtedly change the entire considered equivalent to the Coast guarantee that crewmembers sleep for operation onboard, including meal Guard CEMS program. The alternative the desired number of hours. But as we hours, voyage planning, etc. would be a traditional ship ‘‘4/8’’ watch suggested in the NPRM, providing the Another maritime company schedule, which would require manning opportunity ‘‘to increase uninterrupted responded that a mandate that required increases for most companies. sleep duration to a threshold of at least mariners to obtain 7 to 8 hours of One commenter responded that, yes, 7 consecutive hours in one of the two uninterrupted sleep would require the a mandate would cause burden to available off periods in the two-watch use of pharmacological agents or smaller companies with limited system [would] increase the probability behavioral therapies (e.g., exercise, resources. Another commenter said that crewmembers will have the sleep hygiene, cognitive behavioral requiring a crew management program opportunity to restore the cognitive therapy for insomnia) that would enable would increase the already large abilities necessary to maintain mariners to achieve the mandated hours financial burden of implementing these situational awareness, even if the sleep of uninterrupted sleep. proposed regulations on mid-sized and environment is not optimal.’’ 76 FR One commenter noted that many smaller companies, as well as an 49996, Aug. 11, 2011. As noted above, factors, including electronic gadgets, increased cost to the end consumer due log-keeping could be an effective way to noise in the berthing spaces, and dietary to the necessity of larger crews.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40078 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

A maritime company responded that definitive actions for establishing on board towing vessels; documents for a full CEMS program, a 4- to 5-year maximum work-hour limitations. why mariners do not obtain 7 to 8 hours period would be appropriate to allow We received several comments stating of sleep per 24 hours; and evaluates for training, implementation, and that the Coast Guard’s emphasis on effective strategies for the treatment of auditing. Another maritime company uninterrupted sleep differs from the sleep disorders. responded that there is no appropriate description of CEMS in NVIC 02–08, One commenter said any requirement phase-in period or method until Criteria for Evaluating the Effectiveness for hours of service standards and crew evidence is provided that of Crew Endurance Management System endurance management requirements implementation of a new HOS Implementation. Further, the should apply to double-crewed requirement is effective. commenters said NPRM’s emphasis on overnight boats and should not apply to In their comment to the docket 7 to 8 hours of uninterrupted sleep is ‘‘dinner bucket’’ or harbor boats. (USCG–2006–24412–0187), the National troubling not only because of its We received two comments stating Transportation Safety Board indicated inconsistency with prior Coast Guard that the Coast Guard should withdraw they were pleased with the publications describing the purpose of its proposal until the following issues comprehensiveness, relevance, and CEMS, but more importantly because it are addressed: current abuses of existing timeliness of the literature that the Coast reflects an incomplete and selective hours-of-service regulations for towing Guard cited in the NPRM, and believes treatment of the science behind sleep vessel officers; the lack of any hours-of that this literature aptly summarizes the and watchstanding. service regulations for deckhands, state-of-the-art of human factors and As discussed in NVIC 02–08, engineers and unlicensed crewmembers; physiological research on the effects of components of a CEMS that improve the fatigue resulting from these abuses; and fatigue on human performance. The safety culture and sleep quality include the undermanning of towing vessels as commenter went on to cite several education, environmental changes, light previously documented. maritime and transportation accidents management, trained coaches, and Another commenter said the NPRM in which operator fatigue was identified schedule changes. As indicated in included no mention of previous as a contributing factor. Enclosure (4) of NVIC 02–08, a crew’s recommendations made by the Towing watch schedule should be evaluated A maritime company noted that Coast Safety Advisory Committee (TSAC) on based on the opportunity for each Guard cites the Fatigue Avoidance CEMS and seeks comment on a different member to achieve a sufficient amount Scheduling Tool (FAST) algorithm and approach that was not previously of uninterrupted sleep. brought to TSAC’s attention. produces nine figures (Figs 2–10) for A maritime company stated that the assessing the effects of work and rest We received several comments stating CEMS demonstration project did not that the CEMS research being conducted schedules on human health and provide any data to support any changes performance, but there is no evidence in by Northwestern University on inland in HOS or any endurance management towing vessels should influence the the FAST model that mariners will be standards. able to obtain 7 to 8 hours of Coast Guard’s direction on We received several comments watchstanding and CEMS. uninterrupted sleep on a ‘‘7:7:5:5’’ or complaining about the Coast Guard’s ‘‘8:8:4:4’’ rectangular watch. Another inaction regarding HOS and crew Q. Economic Analysis Comments maritime company disagreed with endurance. However, many The Coast Guard received numerous scientific studies that have indicated commenters, mostly maritime comments from organizations and that uninterrupted sleep of less than 8 companies, said the towing vessel individuals regarding the costs and hours gives a worker a response time inspection rule is not the proper place benefits associated with our proposed equivalent to someone with blood for requirements regarding fatigue subchapter M regulations. alcohol content of 0.05–0.08. Other management, which has implications When we published the NPRM in commenters recommended a study on for the entire maritime industry and that 2011, we were particularly interested in sleep requirements strictly related to it would be more appropriate to address the economic impact of implementing a inland waterways vessels. the issues raised in the NPRM relating TSMS, and whether there were We received a few comments to periods of rest and watchstanding in alternatives to the TSMS and Coast supporting the structure of a CEMS a separate rulemaking project Guard inspection options that could program, and stating that before work particularly as it pertains to the marine provide similar benefits at a lower cost. hours or watchstanding practices are industry as a whole. One commenter Many commenters provided details changed, a program including crew said any additional CEMS requirements and opinions regarding the costs and physical wellness and fatigue education should be identified in a company’s benefits of implementing the new and training must be put into place. One TSMS and not in regulation. subchapter M requirements. The commenter supported additional Several commenters said emphasis on comments involved the overall and training for crew members in the area of minimum required hours of sleep is not specific costs and benefits of the crew member fatigue and work and rest justified by science or data. One requirements, the economic impact on periods. commenter said the NPRM is confusing small entities, and the requests for There are currently several and lead a reader and, more flexibilities that could provide relief to opportunities to learn more about CEMS importantly, an inspector to draw the towing vessel owners and operators. We and mariner fatigue. We recommend wrong conclusions about how a vessel appreciate these comments and have talking with your company safety officer watch should be set up. A maritime attempted to integrate them into our for training options, or visit http:// company said there is a need for Regulatory Analysis (RA). We address www.uscg.mil/hq/cg5/cg5211/cems.asp literature that explores anchor sleep/nap the specific topics in the sections of this for more information on CEM. sleep strategies; compares sleep times preamble below. One commenter said the concept of on different watch schedules where the crew endurance is in effect a ‘‘Band- total amount of sleep and work 1. Costs Aid’’ for a system that is broken, and opportunities are equivalent; evaluates We received numerous comments that the Coast Guard has objective the effectiveness of educational from towing vessel industry scientific evidence to take clear and programs to change the culture of crews stakeholders regarding the specific costs

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40079

of subchapter M parts as well as general One commenter stated that the Coast improve safety, while minimizing costs remarks on overall costs of the new Guard estimated that bringing a single and potential impacts on the U.S. requirements. Many commenters towing vessel into compliance with economy. expressed concern over subchapter M general requirements for propulsion, Another commenter expressed requirements imposing undue costs on steering, and related controls, which concern about the cost of the rule to vessel owners and operators without appeared in § 143.405 in the NPRM, vessel owners and operators and stated providing any information or further would cost $20,000 and said that his that the annual user fee could be ‘‘in the discussion. company spent $200,000 to replace $1,000 to $2,000 range’’ for each vessel. One commenter stated the cost of steering and propulsion systems of a The annual fee for towing vessels hiring a naval architect for stability single vessel. The commenter estimated inspected under subchapter M will be calculations would be in the tens of that to bring his company’s 130 vessels $1,030. As we note in section IV.D thousands of dollars per vessel to into compliance under subchapter M, above, this is the existing annual comply with construction and they would need to spend millions of inspection fee in 46 CFR 2.10–101 for arrangement standards, and verification dollars. The commenter also said that any inspected vessel not listed in Table of compliance with those requirements. several thousand towing vessels would 2.10–101. This will be charged starting As noted above in section IVI.N, the be affected, as opposed to the Coast a year after the initial COI is issued and Coast Guard has added additional Guard estimate of 26 towing vessels will remain the annual inspection fee options for verification of compliance being affected by the § 143.405 until a specific annual inspection fee for with part 144. Section 144.300(b) now requirements. towing vessels is promulgated through a offers three options for an existing As discussed earlier, the Coast Guard separate rulemaking. vessel without a stability document to acknowledges the potential for higher The same commenter also estimated meet part 144 requirements: findings costs to retrofit existing vessels. In this that the negative impact on the based on the vessel’s operation or a final rule, the relevant requirements economy, of (river-canal) lock delays history of satisfactory service, successful have been moved to § 143.585 and the due to towing vessel accidents, is only performance on operational tests, or a applicability of these requirements has $13.89 million of annual economic satisfactory stability assessment. None been reduced to only apply to new impact and 0.13 percent of total of these options would cost this vessels (estimated at 88 per year) or downtime, compared to an estimated operator tens of thousands of dollars. those undergoing a major conversion total negative economic impact of $10.8 (estimated at 13 per year) that move For example, the findings based on the trillion for all downtime on the lock. tank barges carrying oil or hazardous vessel’s operation or history of The Coast Guard acknowledges that materials in bulk. We estimate the satisfactory service is a documentation lock delays from towing accidents may incremental cost to comply with activity that the Coast Guard estimates only make up a small fraction of total § 143.585 during the design and will require 4 hours of time to compile lock delays. However, that does not construction stage for new vessels or at a cost of approximately $200. negate the benefit that could be realized those undergoing major conversion to be Operational tests are undertaken as part through the rule by improving towing $10,000 per vessel. of a standard inspection if needed at no vessel safety, and reducing accidents Another commenter, referencing the and the resulting delays. Analyzing all additional cost to the operator. previous commenter’s remarks, The commenter also believed that causes of lock delays and methods for estimated that company would incur a mitigating those delays not related to additional equipment and redundancy cost of $40 million to comply with systems—specifically propulsion, towing vessel accidents is outside the subchapter M. This commenter also scope of this rulemaking. steering and related controls, electrical suggested that subchapter M costs will installations, pilothouse alerter system One commenter submitted a number be passed along to all the consumers in of comments on the additional and towing machinery—required by the U.S. economy thereby putting the part 143 are unnecessary. operational costs due to subchapter M U.S. economy at a disadvantage requirements that included the impact As discussed earlier, part 143 no compared to other world economies. of periodic drydocking which may leave longer requires redundancy propulsion The Coast Guard has considered the the work force idle, additional or steering for existing vessels, and has potential cost impact on individual recordkeeping-staff requirements, the eliminated deferred electrical companies and the economy in limited supply of shipyards which may requirements in proposed §§ 143.340 formulating the final rule. We balanced increase the amount of time needed for through 143.360 for existing vessels. costs against the beneficial impacts of repairs and drydocking, and increases in This final rule does retain a pilothouse the rule in reducing the risk of towing lending rates for marine loans from alerter system requirement for towing vessel accidents and the resulting financial institutions due to actual or vessels with overnight accommodations consequences, including fatalities, perceived risks. and alternating watches (shift work), but injuries, and oil spills. Based on With respect the impact of we have limited this requirement to information provided in the comments drydocking, according to a 2013 report, towing vessels more than 65 feet in from the public on the costs of some ‘‘For smaller vessels, routine drydocking length. We also retained a requirement requirements, we have revised the can be done in the course of a single for towing machinery (e.g., capstans and applicability of some those day.’’ 7 The Coast Guard assumes 2 days winches) to be designed and installed to requirements to only newly constructed of for each drydock inspection and has maximize control of the tow. Both the or refurbished vessels to mitigate the added an estimate of potential lost pilothouse alerter system and towing need for costly retrofits of existing revenues during that period. Drydocking machinery requirements have a delayed vessels. We have also added alternative can be scheduled in advance with implementation period for existing compliance options, such as allowing shipyards to coincide with rest vessels: 5 years after the issuance of the service history in lieu of stability tests requirements of crew, minimizing the first COI for the vessel. For a more for some vessels. We believe the detailed discussion of these two resulting final rule fulfills Congress’ 7 ‘‘Study of Engineering and Naval Architecture requirements, please see section IV.M mandate to bring towing vessels under Costs for Use in Regulatory Analysis’’, 17 April above. an inspection system to ensure and 2013 by ABS Consulting, page 30.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40080 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

potential for workforce idleness or structure, piping, electrical machinery While the Coast Guard finds it longer waits times. systems and stability test by using in- unlikely that it would cost over $75,000 The provisions of the rule are house sketches and reviewing vessel to bring a vessel in active service under intended to improve safety of towing structure and systems. The total costs of normal engineering practice into vessel operations, which over time the program suggested by this compliance with subchapter M, the should reduce actual risks. commenter ranged from $150,000 to Coast Guard acknowledges that some of One commenter asked for more detail $180,000 when added to the other the requirements proposed for electrical on how the Coast Guard estimated the vessel plan costs. The Coast Guard systems that required retrofitting of annual government costs at $1.4 views the suggested alternative existing towing vessels could result in million. He interpreted this figure as a approach to be similar to the surveys higher costs. In this final rule, we have need to hire 14 new full time required under the TSMS option and, made many of those requirements only employees. therefore, to be redundant. Further, the applicable to new vessels. For more Coast Guard man-hours are calculated alternative approach suggested is not details, see discussion of electrical based on assuming only a few hours per really an alternative since sketches, systems in section IV.M above. vessel, although it might amount to a photographs, and similar documents are One commenter estimated his large number of hours considering that included in the group of sufficient company’s average compliance cost to the affected population is more than documents needed for review in the be $225,000 per vessel or $3.375 million 5,500 towing vessels. The Coast Guard case of either a major conversion or a for his entire fleet. A second is flexible with respect to meeting new installation that is not a commenter, relying on an AWO figure, resource needs and may not hire new replacement-in-kind on an existing estimates the cost of the proposed full time employees to implement the vessel. requirements to be as much as $100,000 new subchapter M program. Another commenter estimated that Several commenters stated that the per towing vessel. A third commenter, the cost of retrofitting an existing towing representing a group of offshore towing preliminary RA underestimated the vessel to comply with subchapter M various costs of subchapter M. In vessel owners and operators, quoted ranges from $180,000 to $300,000. This previous comments on compliance costs particular, one commenter believed that commenter also pointed out the for existing vessels cost in man-hours and provided an average cost of additional cost of a TSMS, which he $180,000 to $300,000 per vessel. needed to develop vessel plans is much noted we estimated to be from $61,000 The Coast Guard appreciates the higher than the estimate presented in to $150,000 per company. The information from commenters on the the RA. The commenter estimated that commenter added that none of these potential costs of the proposed cost of plan development alone will be estimates accounts for the economic requirements in the NPRM. Given the as high as $80,000, as opposed to the impact of time spent out of service potential for higher cost impacts, we Coast Guard estimate of $20,000. In while a vessel is being retrofitted. addition to these costs, the commenter The Coast Guard acknowledges that have re-evaluated the requirements in included an estimate of up to $30,000 the costs to retrofit vessels to meet the proposal to identify opportunities to for stability review, and $100,000 to certain proposed requirement may have minimize costs while still achieving risk verify vessel compliance with been higher than estimated in the reduction. As described previously, we requirements in parts 140 through 144. NPRM. As a result of these higher costs, have provided opportunities for lower- The Coast Guard acknowledges the the Coast Guard has removed those cost compliance options for some potential for higher costs for plan requirements for existing vessels, requirements and changed the development and stability review. As a although the requirements are retained applicability of some requirements so result, this final rule does not require an for new vessels as the incremental costs that existing vessels would not have to existing vessel to undergo a verification for a new vessel are lower. Removing undergo costly retrofits. The Coast of compliance with design standards, so certain requirements for existing vessels Guard estimates that the average cost of there is no plan development cost for an in Part 143 has the potential to reduce compliance per vessel during the phase- existing vessel unless that vessel either most, or perhaps all, of the $180,000 to in period is $16,267 with an additional undergoes a major conversion or $300,000 costs noted in the comment. $5,045 cost per company. The involves a new installation that is not a With regards to the TSMS costs, the rule deficiency data from the Bridging replacement-in-kind. In the case of a provides the Coast Guard inspection Program and towing vessel boardings, major conversion, the plans and option as an alternative if developing which represents over 99 percent of the documentation needed would be and implementing a TSMS is deemed towing vessel fleet, indicates that many directly related to the scope of the too costly by a vessel owner. In response deficiencies are relatively rare (5 conversion. In the case of an installation to this and other comments, the Coast percent or less of vessels), making it that is not a replacement-in-kind, the Guard has included an estimate of lost unlikely that a vessel would incur the plans needed would be limited to the revenue in the Regulatory Analysis for cost of every regulatory requirement. scope of the installation and to prove the final rule for drydock inspections Finally, other commenters stated that that the vessel meets stability standards. and activities to correct deficiencies that there are many hidden or unaccounted- Moreover, the documentation required exceed 1 day in duration. We have made for costs that the Coast Guard did not is not restricted to traditional drawings; certain requirements no longer apply to incorporate into its preliminary RA. sketches, schematics, diagrams, existing vessels and has made many These hidden costs are the same costs specifications, and photographs can be other changes to address that concern, mentioned by a previous commenter: used to the degree needed to ensure the as discussed in previous sections. Lost revenues and wages due to periodic vessel complies with the standards One commenter stated that inspections and repairs (including travel used. subchapter M would require his to inspection locations), crew costs to The same commenter suggested an company to change electrical systems prepare for the inspection and undergo alternative approach to these plans that on existing vessels at a cost of more than the questioning during the audit or they estimated would cost no more than $75,000 per vessel, and would survey, and management costs to $30,000 per vessel: Having a P.E. potentially cost the company $2,700,000 oversee the TSMS and inspection conduct a ship check to approve hull to comply. scheduling.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40081

Based on these and other comments, The market and shippers have adapted of the final rule, does not mean that the the Coast Guard acknowledges that to fluctuations in shipping rates, so that vessel does not present any risk to the potential for lost revenue and has added increases of the size that may result maritime industry. In the next comment an estimate of lost revenues for from the final rule are within normal section, we addressed requests to obtain drydocking and certain repairs (please variations. relief from certain costs commenters see Section 2.5 of the Regulatory Further, the amount of increase in deemed unnecessary and will point to Analysis for details). costs will vary from company to accomodations and flexibilities this With respect to costs to prepare for company. For example, many final rule provides. and undergo inspections, the Coast companies already have a TSMS, so this Guard estimates 40 hours of time to regulation would have a lesser impact 3. Flexibilities To Provide Relief to prepare for and undergo an inspection, on those companies cost structure than Towing Vessel Owners and Operators which could be accomplished by the those companies that don’t have one. We received numerous comments owner, operator, crew, or a combination. The final rule brings all towing from the towing vessel owners and We have used the owner or operator companies up to a minimum standard of operators requesting greater flexibility wage rate to value the opportunity cost, safety and erodes the competitive in the rule to reduce its costs to them. which would be a slight over-estimate if advantages of those companies They varied from full exemption from crew instead performed the activities, underinvesting in safety measures. By all subchapter M regulations to which includes scheduling the reducing accidents, incidents and grandfathering on specific requirements. inspections. casualties and resulting impacts These comments are addressed in this With regard to management costs to including delays, the final rule may also section. oversee a TSMS, the NPRM regulatory increase the dependability and One commenter requested that the analysis provided an overall cost timeliness of shipping by barge and Coast Guard grant his company either estimate for a TSMS that included perhaps mitigate some limited aspects an exemption from all requirements of management costs. For the final rule, of the volatility of rates. subchapter M or an extension of 20 the Coast Guard does not expect years of grandfathering on existing management costs for a TSMS to be 2. Benefits equipment on board his towing vessels. incrementally different than We received many comments in Another commenter requested some management costs for an existing Safety support of the proposed rule. Many form of grandfather clause for existing Management System. commenters said that SMSs are cost- fleets from proposed §§ 143.340 through Additionally, one commenter beneficial and might lead to quantifiable 143.360 electrical system requirements believed that the preliminary RA did benefits. Commenters suggested that citing complete rewiring costs at not account for increased shipping rates SMSs might lead to benefits such as $150,000 to $210,000 for each vessel. and transportation costs for industries fewer vessel accidents and personal Similarly, one commenter, without dependent on river transportation. injuries, which would mean cost being specific, suggested that many The Coast Guard has added an savings from reduced insurance requirements relating to mechanical and evaluation of the potential for increased premiums and avoidance of expenses electrical equipment and structural shipping rates and transportation costs such as vessel repairs and time out of standards for small operators should be in Appendix J of the Regulatory service. However, no commenter relaxed or eliminated. Also, the AWO Analysis. The average cost per vessel of provided any data or analysis that recommended that the Coast Guard the final rule on a daily basis represents would directly quantify or monetize delete sections on electrical system an increase of 0.7 percent to 2.75% of such benefits. requirements in the final rule. Another barge daily operating costs, exclusive of Numerous commenters, while commenter argued that subchapter M fuel costs. The ability of towing vessel agreeing with the proposed regulations are unnecessary and asked owners to pass along these cost requirements in principle, expressed a for an exemption or extension for increases to shippers will depend on concern that the costs of complying longtime existing companies that have many factors that make up the elasticity with subchapter M would exceed the always operated in full compliance with of demand, which will vary depending benefits and should be either avoided existing regulations because these new on the cargo, route, and transportation altogether or mitigated by following a regulations may force them out of alternatives available. Towing vessels risk-based approach. The majority of business. and barges typically carry commodities these commenters felt that benefits The Coast Guard believes it in bulk, including coal, petroleum, should be justified by each towing inappropriate to grant an exemption crude materials (such as forest products, vessel’s individual casualty history and from all new requirements under sand, gravel, ores, scrap, and salt), and risk. For example, a vessel that has not subchapter M or grandfathering of 20 food and farm products (Figure J–1). been involved in any accident but is not years for existing equipment. However, The analysis of the impact of the compliant with some or all of the the Coast Guard agrees that some of the increase in towing vessel daily requirements of subchapter M should requirements for machinery and operating costs on the shippers will be not be considered a risk to the maritime electrical systems in part 143 may have different for each commodity and route. industry and should be granted been too burdensome and were An analysis of shipping rates for grain exemption or grandfathered from some unnecessary for existing vessels, so they indicates that barge shipping rates are or all of subchapter M requirements. have been removed from this final rule. volatile, sometimes doubling from one The Coast Guard agrees in part. The One commenter suggested that coal year to the next, reacting quickly to regulatory impact analysis we provide and grain barge handlers, which are sudden changes in export demand, in the docket discusses at length why generally small businesses, should not weather constraints on the rivers, or and how owners and operators of have the same TSMS requirements as larger-than-expected crops. The final regulated entities will benefit from the larger companies. Another commenter rule requirements are expected to requirements of the final rule. The fact asked Coast Guard to provide a template represent average increases in operating that no incident has occurred yet on a for a scaled-down version of a TSMS costs of 0.7 to 2.75 percent, only a small particular vessel, especially one that that might be less overwhelming for fraction of normal variability in rate. does not comply with the requirements small towing vessel operations. A third

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40082 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

commenter suggested that small docket submission USCG–2006–24412– identify opportunities to minimize operators should not be required to 0017. impacts on small businesses while still implement and maintain certain parts of achieving risk reduction. As described 4. Small Business Impacts the TSMS, such as the Behavioral-Based previously, we have provided Safety program. We received several comments from opportunities for lower-cost compliance In the final rule, TSMS requirements small business owners and operators on options for some requirements and are neither modified for different classes the economic impact of subchapter M changed the applicability of some of towing vessels nor scaled down or requirements. Some were opposed to requirements so that existing vessels exempted for small towing vessel the new requirements, but did not would not have to undergo costly operators. However, as previously provide specific information or data retrofits. The Coast Guard estimates that noted, the TSMS is scalable. It can be about how they would be impacted. the average cost of compliance per tailored to the operation of a small Others requested either an exemption or vessel during the phase-in period is company and simplified to address a grandfathering from some or all of the $16,267, with an additional $5,045 cost limited set of assets, process, and requirements, so that they could avoid per company. The deficiency data from personnel. For a small business operator or mitigate the economic impacts and the Bridging Program and towing vessel with a fleet of one or two vessels the continue to serve the towing vessel boardings (which represents over 99 TSMS may be a short document. industry. A discussion of comments percent of the towing vessel fleet) Further, owners and operators can received on small business impacts indicates that many deficiencies are choose the Coast Guard inspection follows. relatively rare (5 percent or less of option. Many commenters felt that subchapter vessels), making it unlikely that a vessel Behavior-based safety has been M requirements would hurt small would incur the cost of every regulatory described as an approach that focuses business owners and their employees requirement. on what people do, analyzes why and could put many small entities out people take these actions, and then of business. However, they did not V. Regulatory Analyses applies a research-supported provide specific data as to how much of We developed this final rule after intervention strategy to obtain a more an economic burden they expected the considering numerous statutes and desired outcome. (Geller, E. Scott, new requirements to place on their executive orders related to rulemaking. 2004). Subchapter M does not operational costs. The most specific Below, we summarize our analyses specifically prescribe the use of comment was that new recordkeeping based on these statutes or executive behavior-based safety to address specific requirements alone would mean that the orders. elements of the TSMS, however some owner or operator would have to hire companies have chosen to use this one or more new full time workers. A. Regulatory Planning and Review approach to help modify employees Other commenters estimated the overall E.O.s 12866 (‘‘Regulatory Planning behaviors to enhance safety within their costs of subchapter M requirements in a and Review’’) and 13563 (‘‘Improving organization. range of $100,000 to $250,000 per vessel Regulation and Regulatory Review’’) We do not believe a template is and several million dollars per direct agencies to assess the costs and needed to comply with TSMS company. benefits of available regulatory requirements. As discussed in previous Other commenters expressed concern alternatives and, if regulation is sections, we have clarified TSMS that their companies would not be able necessary, to select regulatory requirements in this rule and we intend to pay for these unspecified subchapter approaches that maximize net benefits to issue guidance documents related to M requirements, and therefore, either be (including potential economic, TSMSs and TPOs as necessary, and forced out of business or be acquired by environmental, public health and safety these guides may contain examples of larger entities in the towing vessel effects, distributive impacts, and such documents. industry. One commenter argued that equity). E.O. 13563 emphasizes the One commenter stated that the TSMS lenders will delay lending and review importance of quantifying both costs should be the only approved method (to existing ship mortgages to reassess their and benefits, of reducing costs, of obtain a Certificate of Inspection) under collateral positions, because many harmonizing rules, and of promoting the final rule and recommended that the owners and operators of small towing flexibility. Coast Guard option be removed because vessel fleets will not be able to afford This final rule is a significant a TSMS is scalable and can be the costs to comply with subchapter M regulatory action under section 3(f) of developed in a cost-effective manner requirements. Another commenter E.O. 12866. The Office of Management that many small companies can adapt stated that his company would lose the and Budget (OMB) has reviewed it to. ability to borrow against their boats if under that Order. It requires an The Coast Guard disagrees that the they cannot comply with the new assessment of potential costs and TSMS should be mandatory. Although regulations. One commenter estimated benefits under section 6(a)(3) of E.O. we recognize that the TSMS is scalable that no less than 20 percent of the 12866. A final assessment is available in and can be developed in a cost- aggregate U.S. towing fleet would be put the docket, and a summary follows. conducive manner, some towing out of business if the NPRM, as written, A Final Regulatory Analysis (RA) is companies may lack the resources or is published as a final rule. However, available in the docket where indicated expertise to develop and implement a these commenters did not provide under the ‘‘Public Participation and TSMS. The Coast Guard inspection specific data or information to support Request for Comments’’ section of this option is intended to provide greater their concerns. preamble. A summary of the RA regulatory flexibility to such companies, The Coast Guard appreciates these follows: or any that may not want to use a TSMS comments on the potential economic This rulemaking implements section for other reasons. As noted above in impact of the proposed rule on small 415 of the Coast Guard and Maritime section IV.B, offering this option is businesses. Based on these comments Transportation Act of 2004. The intent consistent with one of ABSG and other comments on the range of of the final rule is to promote safer work Consulting’s recommendations in its compliance costs, we have re-evaluated practices and reduce casualties on 2006 final report to the Coast Guard. See the requirements in the proposal to towing vessels by ensuring that

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40083

inspected towing vessels adhere to its approach to meeting the vessels and necessary to fulfill Congress’ prescribed safety standards and adopted requirements of the regulations, while it intent in the 2004 and 2010 Acts. safety management systems. The Coast provides continuous oversight using Additionally, when towing vessels Guard recognizes that establishing audits, surveys, inspections, and receive their Certificates of Inspection minimum standards for the towing reviews of safety data. This would this will trigger the following vessel industry is necessary. Vessel improve the safety of towing vessels and requirements outside of subchapter M operation, maintenance, and design provide greater flexibility and efficiency for inspected vessels: must ensure the safe conduct of towing for towing vessel operators. As a result • Part 136, Certification will require vessels. The final rule improves the of this rulemaking, operators would be the assessment of user fees, per 46 safety and efficiency of the towing able to call upon third parties or the U.S.C. 2110 and 46 CFR 2.10–101, Table vessel industry. Coast Guard to conduct compliance 2.10–101; (requiring user fee for vessel In this final rule, the Coast Guard inspection services and certifications). activities when and where they are • requires towing vessels subject to this needed. 46 CFR 15.820(a) requires a Chief rulemaking to undergo annual Coast Engineer on certain inland towing Guard inspections or, in the alternative, Although the 2004 Act added towing vessels. be part of a safety management system. vessels to the list of vessels subject to • 33 CFR 155.710(e)(1) requires a If the safety management system option Coast Guard inspection and the 2010 Person-in-Charge (PIC) for certain fuel is chosen, the rule requires companies Act directed the Secretary to issue a transfers on towing vessels to be that operate inspected towing vessels to final rule on the inspection of towing credentialed officer or to hold an MMC create a TSMS, continue with existing vessels containing towing safety with a Tankerman-PIC endorsement. systems that comply with the provisions management system provisions, they See the ‘‘Discussion of Final Rule’’ of the International Safety Management did not prescribe how this inspection section for a detailed discussion of this (ISM) Code, or continue under another program must be designed, developed final rule and see the RA for a detailed system the Coast Guard determines to be and implemented. Therefore, we discussion of costs, benefits and equivalent to the TSMS. consider all the new parts under the alternatives considered. Table 3 This final rule would allow each new subchapter M as discretionary, but summarizes the impacts of this towing vessel organization to customize integral to the safe operations of towing rulemaking.

TABLE 3—SUMMARY OF AFFECTED POPULATION, COSTS AND BENEFITS

Category Final rule

Populations: Applicability ...... All U.S. flag towing vessels engaged in pushing, pulling, or hauling alongside, with exceptions for work boats and limited service towing vessels. Affected Population ...... 5,509 vessels. 1,086 companies. Costs: Total Costs ($ millions, 7% dis- $41.5 (annualized). count rate). $291.2 (10-year). Industry Costs ($ millions, 7% $32.7 (annualized). discount rate). $229.6 (10-year). Net Government Costs ($ mil- $8.8 (annualized). lions, 7% discount rate). $61.6 (10-year). Benefits: Benefits ($ millions, 7% dis- $46.4 (annualized, millions). count rate). $325.6 (10-year). Unquantified Benefits ...... Reduced congestion and delays from lock, bridge and waterway closures. Reduced risk of low and medium severity towing vessel accidents and accidents with limited information in the case report.

Table 4 summarizes the changes in RA. These changes to the RA came from data and information that informed our the final rule as we moved from the either policy changes, public comments regulatory analysis. NPRM to this final rule, and Table 5 received after the publication of the below summarizes the changes in the NPRM, or simply from updating the

TABLE 4—SUMMARY OF NOTABLE CHANGES FROM NPRM TO FINAL RULE

NPRM FR Section Impact on regulatory Section No. No. Summary analysis

1.03–55 Added section: ‘‘Appeals from decisions or actions under subchapter M of this Added costs for appeals. chapter’’. 15.535 ...... 15.535 Clarified that the requirements of § 15.515 apply in addition to those of this sec- Included cost of compli- tion, and that the requirements of this section apply regardless of assistance ance with § 15.515. towing or being under 200 GRT. 136.172 Maintains current requirements for existing towing vessels for 2 years or until the Maintains existing costs for vessel obtains a COI, whichever period is shorter. existing vessels. 138.310 ...... 138.310 Added ISO 9001–2008 as an option for auditor/assessor compliance ...... No change—adds compli- ance flexibility.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40084 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

TABLE 4—SUMMARY OF NOTABLE CHANGES FROM NPRM TO FINAL RULE—Continued

NPRM FR Section Impact on regulatory Section No. No. Summary analysis

138.505 ...... 138.505 Edited section to specify where in the Coast Guard audits should be sent ...... No change—clarifies who receives reports. 139.110 ...... 139.110 Introduced delineation that recognized classification societies qualify to do TPO No change—adds compli- audits and authorized classification societies to do as TPO surveys. ance flexibility. 139.120 ...... 139.120 Changed address to which applications should be sent, added paragraph requir- No change—clarifies who ing applications to include information about the organization’s means of assur- receives reports and ing the availability of its personnel. assures availability of personnel. 139.130 ...... 139.130 For auditors, added ‘‘licensed mariner’’ to a list of types of relevant marine experi- No change—adds compli- ence, and added ISO 9001–2008 as an option in addition to ISO 9001–2000. ance flexibility. 139.160 ...... 139.160 Removed paragraph saying that the Coast Guard may require a replacement of a No change—adds compli- third-party auditor. ance flexibility. 140.435 ...... 140.435 Deleted requirements for certain vessels to carry automatic external defibrillators Removed costs of AEDs. and train crewmembers in their use. 140.505 and 140.505 Eliminated § 140.520 requirements for maintaining personnel hazard exposure Greatly reduced costs for 140.520. and medical records and revised § 140.505 requirement to keep records of keeping records on health and safety incidents, including any medical records associated with the crewmember health by incidents. limiting them to those associated with inci- dents, added costs for records of safety inci- dents. 140.605 ...... 140.605 Clarified requirements associated with stability letter are only applicable to ves- Revised costs to include sels that already have a stability letter, added paragraph requiring all owners or alternative methods of operators to maintain watertight integrity and stability. compliance. 140.645 ...... 140.645 Added paragraph accepting credentialed mariners as meeting the requirements of No change—adds compli- this section. ance flexibility. 140.915 ...... 140.915 Added examinations and tests, and fire-detection and fixed fire-extinguishing sys- Revised costs for TVR. tems to the list of items that must be recorded in the TVR, and specified re- quirements for items recorded electronically. 141.305 ...... 141.305 Changes to Table 141.305: Removed buoyant apparatus and life float references No change—improves in cold water operation; removed life float and inflatable buoyant apparatus ref- readability and ref- erences in warm water operation; moved inflatable liferaft with SOLAS A pack erencing; substitution al- to bottom of both cold and warm water operation to delineate increasing level lowance provides com- of safety hierarchy; and inserted the term ‘‘rigid’’ in front of buoyant apparatus pliance flexibility. so as not to confuse with inflatable buoyant apparatus. Added additional substi- tution options for survival craft in § 141.305(d)(2)(ii)–(iv) based on increasing level of safety hierarchy of same. 141.330 ...... 141.330 Removed reference to Table 141.305 and limitations on approval of survival craft No change—adds compli- starting in 2015, added the option of using a skiff for towing vessels that only ance flexibility. operate within 3 miles of shore, rephrased section. 141.340 ...... 141.340 Replaced reference to 46 CFR 199.620(c) with a reference to several approval No change—adds compli- series, specified and rephrased requirements for lifejackets in TSMS. ance flexibility. 141.360 ...... 141.360 Replaced reference to 46 CFR 199.70 with a reference to several approval se- No change—adds compli- ries, specified and rephrased requirements for lifebuoys in TSMS. ance flexibility. 142.215 ...... 142.215 Rephrased for clarity, added paragraph allowing approval by the Coast Guard, No change—adds compli- OCMI, TPO, or a NRTL of new installations of fire-extinguishing or fire-detec- ance flexibility. tion equipment. 142.225 ...... 142.225 Rephrased for clarity, added FM 6050 as an acceptable standard for storage cab- No change—adds compli- inet design. ance flexibility. 143.200 ...... 143.200 Delayed implementation of part 143 requirements for existing vessels, consoli- Removed certain costs for dated applicability and grandfathering requirements from other subparts into existing vessels, delays one section. other costs. 143.245 ...... 143.230 Rephrased for clarity, added requirements for alarms at operating stations, re- Added costs for alarms at moved language describing possible exceptions. additional operating sta- tions. 143.420 ...... 143.595 Renamed, deleted requirements for propulsion engine fuel lines and independent Removed costs for existing auxiliary steering systems. vessels. 144.315 ...... 144.300, Added possible standards for an existing vessel without a stability document to Revised costs to include 144.315 meet. alternative methods of compliance.

TABLE 5—CHANGES IN REGULATORY ANALYSIS FROM NPRM TO FINAL RULE

Element of regulatory analysis Reason changed Explanation of change

Credentialing requirements under Public comment ...... Added cost estimate for requirements in part 15 that are triggered part 15. when vessel becomes ‘‘inspected’’. 10-year undiscounted esti- mated at $2.8 million.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40085

TABLE 5—CHANGES IN REGULATORY ANALYSIS FROM NPRM TO FINAL RULE—Continued

Element of regulatory analysis Reason changed Explanation of change

Parts 141 Lifesaving and 142 Fire Public comment...... Added cost estimates for requirements in Parts. 10-year Protection. undiscounted estimated at $27.8 million for Part 141 and $7.0 mil- lion for Part 142. Part 136 Certification and Part 137 Policy change ...... Added cost estimates for appeals. Vessel Compliance. Part 140 Operations ...... Public comment ...... Added costs for certain operational requirements, including navigation assessments. Machinery and electrical systems Policy change ...... Grandfathering of existing vessels or vessels whose construction equipment under part 143. began before the effective date of the final rule for §§ 143.555, 143.560, 143.565, 143.570, 143.575, 143.585, 143.605. 10-year undiscounted estimated cost is $41.4 million in the final rule and could exceed $300 million if not grandfathered (see Alternative 3). Construction and arrangement Policy change ...... Grandfathering of existing vessels or vessels whose construction under part 144. began before the effective date of the final rule for §§ 144.135 and 144.145(b). 10-year undiscounted estimated cost is $5.4 million in the final rule. Affected population ...... Update to reflect current fleet com- Reviewed current data sources on towing vessel fleet and ownership position and more comprehen- and increased affected population estimate to 5,509 (from 5,208 in sive data sources. the NPRM). Costs of equipment or activities ...... Update to reflect current prices ..... Collected current price data or updated prices used in NPRM by CPI. Public comment ...... Incorporated public estimates for drydock inspections in the range of costs. Added estimate for lost revenues during certain activities. Wages ...... Updated BLS data ...... Revised labor cost by using May 2013 BLS data. Benefit valuation ...... Updated value of a statistical life Updated VSL and injury valuation to reflect current guidance. (VSL) and injuries values. Accident analysis ...... Updated data from recent years ... Reflected most recent 12 years of accident history (2002 to 2013). Impacts of Rule Requirements on Public comment ...... Added assessment of cost to shippers in Appendix J. Cost to Shippers.

Affected Population other subchapters that result from the present value cost to industry from We estimate that 1,086 owners and inclusion of towing vessels as inspected subchapter M requirements over the 10- managing operators (companies) would vessels, to industry and government. year period of analysis is $227.7 incur additional costs from this During the initial phase-in period (years million, discounted at 7 percent, and rulemaking. The rulemaking would 1 and 2), we estimate the annual cost to $286.8 million, discounted at 3 percent. affect a total of 5,509 vessels owned and industry from subchapter M Over the period of analysis, we estimate operated by these companies. Our cost requirements of the rulemaking to range the annualized costs to be $32.4 million assessment includes existing and new from $15.8 million to $26.5 million at 7 percent and $33.6 million at 3 vessels. (non-discounted). After the initial percent. Table 6 summarizes the costs of phase-in, the annual costs to industry Costs this final rule to industry for subchapter from subchapter M requirements range M requirements. We estimated costs resulting from the from $19.2 million to $56.4 million addition of subchapter M and costs in (non-discounted). We estimate the total

TABLE 6—SUMMARY OF SUBCHAPTER M COSTS TO INDUSTRY [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.5 $24.8 $25.7 2 ...... 15.8 13.8 14.9 3 ...... 19.2 15.7 17.6 4 ...... 22.6 17.2 20.1 5 ...... 33.0 23.6 28.5 6 ...... 35.7 23.8 29.9 7 ...... 44.5 27.7 36.2 8 ...... 56.4 32.8 44.5 9 ...... 46.0 25.0 35.3 10 ...... 45.8 23.3 34.1

Total * ...... 345.6 227.7 286.8 Annualized ...... 32.4 33.6 * Values may not total due to rounding.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40086 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Additional costs to industry for ‘‘inspected’’. We estimate the total Over the period of analysis, we estimate requirements outside of subchapter M present value cost of the industry non- the annualized industry costs for will result from the triggering of subchapter M requirements over the 10- requirements outside of subchapter M to certification for persons in charge year period of analysis to be $1.9 be $0.3 million at 7 percent and 3 during oil transfer requirements by million, discounted at 7 percent, and percent. Table 7 summarizes the costs of designating towing vessels as $2.4 million, discounted at 3 percent. this final rule to industry.

TABLE 7—SUMMARY OF COST TO INDUSTRY FOR REQUIREMENTS OUTSIDE OF SUBCHAPTER M [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.0 $0.0 $0.0 2 ...... 0.0 0.0 0.0 3 ...... 0.4 0.4 0.4 4 ...... 0.4 0.3 0.4 5 ...... 0.4 0.3 0.3 6 ...... 0.4 0.3 0.3 7 ...... 0.0 0.0 0.0 8 ...... 0.4 0.3 0.3 9 ...... 0.4 0.2 0.3 10 ...... 0.4 0.2 0.3

Total * ...... 2.8 1.9 2.4 Annualized ...... 0.3 0.3 * Values may not total due to rounding

We estimate the total cost to industry and $289.1 million, discounted at 3 industry to be $32.7 million at 7 percent over the 10-year period of analysis to be percent. Over the period of analysis, we and $33.9 million at 3 percent. Table 8 $229.6 million, discounted at 7 percent, estimate the annualized costs to shows these estimates.

TABLE 8—SUMMARY OF TOTAL COST TO INDUSTRY [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.5 $24.8 $25.7 2 ...... 15.8 13.8 14.9 3 ...... 19.7 16.1 18.0 4 ...... 23.0 17.5 20.4 5 ...... 33.4 23.8 28.8 6 ...... 36.1 24.0 30.2 7 ...... 44.5 27.7 36.2 8 ...... 56.8 33.1 44.8 9 ...... 46.4 25.3 35.6 10 ...... 46.2 23.5 34.4

Total * ...... 348.4 229.6 289.1 Annualized ...... 32.7 33.9 * Values may not total due to rounding

We anticipate that the government applications for a TSMS, conduct $85.6 million discounted at 7 percent will incur costs. For towing vessels that random boardings and compliance and $110.6 million discounted at 3 choose to comply with annual Coast examinations, and oversee third parties. percent. Annualized full costs to Guard inspections, the government will Table 9A displays the full cost to the government are about $12.2 million at 7 incur costs to conduct those government. We estimate the total percent and $13.0 million at 3 percent inspections. For other vessels choosing present value full cost to government discount rates. the TSMS option to comply, the over the 10-year period of analysis to be government will incur costs to review

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40087

TABLE 9A—SUMMARY OF FULL COST TO GOVERNMENT [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.1 $0.1 $0.1 2 ...... 0.1 0.1 0.1 3 ...... 9.5 7.7 8.7 4 ...... 12.5 9.5 11.1 5 ...... 15.4 11.0 13.3 6 ...... 17.2 11.4 14.4 7 ...... 20.7 12.9 16.8 8 ...... 20.5 11.9 16.1 9 ...... 20.0 10.9 15.3 10 ...... 19.7 10.0 14.7

Total ...... 135.6 85.6 110.6 Annualized ...... 12.2 13.0

The user fee paid by towing vessel of costs, we account for this transfer by transfer. Table 9B shows the amount of owners and operators for obtaining the subtracting the amount of the user fee to the user fees to be collected over the 10- COI is a transfer from industry to the be collected from the government costs year analysis period. government. To avoid double-counting to calculate government costs net of the

TABLE 9B—TRANSFER: UNDISCOUNTED USER FEES TO BE COLLECTED BY THE GOVERNMENT IN PART 136 BY YEAR [$ million]

Total annual Total user fees Year number of transferred user fees to govt. * collected ($ million)

1 ...... 0 $0.000 2 ...... 0 0.000 3 ...... 1,604 1.652 4 ...... 3,150 3.245 5 ...... 4,352 4.483 6 ...... 5,509 5.674 7 ...... 5,509 5.674 8 ...... 5,509 5.674 9 ...... 5,509 5.674 10 ...... 5,509 5.674 Total ...... 37.751 * The total annual user fees are calculated by multiplying the total number of user fees collected by the user fee, $1,030.

We estimate the total present value at 7 percent and $79.5 million percent discount rates. Table 9C cost to government net of the transfer discounted at 3 percent. Annualized net summarizes the net costs of this rule to via user fee over the 10-year period of government costs are about $8.8 million government after deducting the user fee analysis to be $61.6 million discounted at 7 percent and $9.3 million at 3 transfer.

TABLE 9C—SUMMARY OF GOVERNMENT COST NET OF TRANSFER PAYMENT [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.1 $0.1 $0.1 2 ...... 0.1 0.1 0.1 3 ...... 7.8 6.3 7.1 4 ...... 9.2 7.0 8.2 5 ...... 10.9 7.8 9.4 6 ...... 11.4 7.6 9.6 7 ...... 14.9 9.3 12.1 8 ...... 14.7 8.6 11.6 9 ...... 14.2 7.7 10.9 10 ...... 14.0 7.1 10.4

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40088 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

TABLE 9C—SUMMARY OF GOVERNMENT COST NET OF TRANSFER PAYMENT—Continued [$ Millions]

Discounted Year Undiscounted 7% 3%

Total * ...... 97.3 61.6 79.5 Annualized ...... 8.8 9.3 * Values may not total due to rounding

We estimate the combined total 10- percent, and $368.6 million discounted Table 10 summarizes the total year present value cost of the at 3 percent. The annualized costs are combined costs of this rule. rulemaking to industry and government $41.5 million at 7 percent and $43.2 is $291.2 million discounted at 7 million at 3 percent.

TABLE 10—SUMMARY OF TOTAL COST (SUBCHAPTER M AND NON-SUBCHAPTER M INDUSTRY COSTS, NET GOVERNMENT COSTS) [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.6 $24.9 $25.8 2 ...... 15.9 13.8 14.9 3 ...... 27.5 22.4 25.1 4 ...... 32.2 24.5 28.6 5 ...... 44.3 31.6 38.2 6 ...... 47.5 31.7 39.8 7 ...... 59.5 37.0 48.4 8 ...... 71.5 41.6 56.4 9 ...... 60.6 33.0 46.5 10 ...... 60.2 30.6 44.8 Total * ...... 445.8 291.2 368.6 Annualized ...... 41.5 43.2 * Values may not total due to rounding

Table 11 summarizes the total TABLE 11—SUMMARY OF TOTAL Economic Impacts of Towing Vessel combined costs of this rule by part. ANNUALIZED COST BY PART—Con- Casualties tinued Towing vessel casualties are incidents TABLE 11—SUMMARY OF TOTAL (i.e., accidents) that involve the towing ANNUALIZED COST BY PART Annualized costs vessel and possibly other vessels such Part (7%, millions) as barges, other commercial vessels, and Annualized costs Part (7%, millions) Non-Subchapter M recreational vessels. Towing vessel Costs ...... 0.3 accidents can cause a variety of negative Costs to Industry Total to Industry * ...... 32.7 economic impacts, including loss of life, 136: Certification ...... $3.4 Net Government Costs 8.8 injuries, property damage, delays on 137: Compliance ...... 10.8 Total Rule Cost * ...... 41.5 transportation infrastructure, and 138: Towing Safety * Values may not total due to rounding damage to the environment. Management System 2.0 Based on Coast Guard Marine 139: Third-Party Organi- The total, 10-year undiscounted costs Information for Safety and Law zations ...... 0.04 of statutory mandate requirements are as Enforcement (MISLE) data for the recent 140: Operations ...... 7.3 follows: period of 2002–2013, towing vessel 141: Lifesaving ...... 3.2 • $38.1 million for the annual vessel accidents are associated with 18 142: Firefighting ...... 0.8 inspection fees under 46 CFR 2.10–101, fatalities per year. Towing vessel 143: Mechanical and Table 2.10–101 for vessels requiring a accidents also result in an average of 37 Electrical ...... 4.0 certification of inspection. reportable injuries per year (for the 144: Construction and • Arrangement ...... 0.6 $2.8 million for credentialing period of 2002–2013). Table 12 requirements outside of subchapter M summarizes some of the negative Total Subchapter M that are triggered when a vessel becomes impacts resulting from towing vessel Costs * ...... 32.4 ‘‘inspected’’. accidents.

VerDate Sep<11>2014 19:30 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40089

TABLE 12—NEGATIVE IMPACTS FROM TOWING VESSEL ACCIDENTS [2002–2013]

Average mon- etary Impact Total effects Total monetary dam- Average damage per ages (in millions) per year year (in millions)

Fatalities (See Note 1) ...... 217 ...... $1,974.700 ...... 18 $164.558 Injuries ...... 443 ...... $300.145 ...... 37 25.012 Property Damage (See Note 2) ...... 603 incidents with property damage ...... $600.055 ...... 50 50.005 Gallons of Oil Spilled ...... 5,192,937 gallons of oil spilled ...... $408.251 (See Note 432,745 34.021 3).

Total Damage ...... $3,283.151 ...... 273.596 Notes: (1) Fatality values are based on a $9.1 million value of a statistical life referenced in Guidance on Treatment of the Economic Value of a Statistical Life in U.S. Department of Transportation Analyses, US DOT, 2013, available at http://www.dot.gov/sites/dot.dev/files/docs/ VSL%20Guidance%202013.pdf. (2) Property damage includes property and cargo damages as reported in MISLE. (3) Oil spilled damages are based on a $254 damage per gallon of oil spilled as indicated by Inspection of Towing Vessels, Notice of Pro- posed Rulemaking, Preliminary Regulatory Analysis and Initial Regulatory Flexibility Analysis, USCG–2006–24412, July 2011, available at http:// www.regulations.gov/#!documentDetail;D=USCG-2006-24412-0002 adjusted for actual costs for certain high volume gallons of oil spilled gallons of oil spilled spills reported to the National Pollution Funds Center.

Benefits of the Towing Vessel Final Rule towing vessel accidents and their discounted benefits at $325.6 million consequences. discounted at 7 percent and $403.8 The Coast Guard developed the Based on Coast Guard investigation million discounted at 3 percent. Over requirements in the rule by researching findings for towing vessel accident cases the same period of analysis, we estimate both the human factors and equipment from 2002–2013, we estimate that the annualized benefits of the final rule to failures that contribute to the risk of final rule would lead to significant be $46.4 million at a 7 percent discount towing vessel accidents. We believe that reductions in fatalities, injuries, rate and about $47.3 million at a 3 the rule would comprehensively property damaged, and oil spilled. percent discount rate, respectively. address a wide range of risks of towing These improvements in safety are Table 13 displays the monetized vessel accidents and supports the main expected to occur over a 10-year period benefits of this final rule associated with goal of improving safety in the towing as the various provisions of the final reducing fatalities, injuries, property industry. The primary benefit of the rule are phased-in. Accounting for this final rule is an increase in vessel safety phase-in of requirements and resulting damage, and oil spilled, resulting from and a resulting decrease in the risk of benefits, we estimate total 10-year towing vessel accidents.

TABLE 13—TOTAL BENEFITS [$ Millions] *

Total

Year Undiscounted Discounted benefits benefits 7% 3%

1 ...... $26.2 $24.5 $25.4 2 ...... 26.2 22.9 24.7 3 ...... 50.8 41.4 46.5 4 ...... 52.0 39.7 46.2 5 ...... 53.2 37.9 45.9 6 ...... 54.4 36.3 45.6 7 ...... 54.4 33.9 44.3 8 ...... 54.4 31.7 43.0 9 ...... 54.4 29.6 41.7 10 ...... 54.4 27.7 40.5

Total ...... 480.6 325.6 403.8 Annualized ...... 46.4 47.3 * Values may not total due to rounding.

VerDate Sep<11>2014 19:30 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40090 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Table 14 displays the annualized economic consequences may include amount of information and findings in benefits broken out by Part. Part 140 the following: the report of the incident found in accounts for the largest share of the • Productivity losses and operating MISLE. The benefit estimates do not benefits at $17.1 million annualized at costs for stalled barge and other traffic; include accidents for which there was a a 7 percent discount rate. • Delays in the acquisition of lack of detailed information in the case production inputs that can impact report to make a risk reduction TABLE 14—TOTAL ANNUALIZED timely operation of manufacturing or determination, resulting in an BENEFITS BY PART other processes; underestimation of benefits. Lack of • [$ millions] * Blockages of U.S. exports that can data in the cases of the low and medium result in decreased revenue from severity incidents, implies that our Annualized importing foreign companies; benefits are underestimated. quantified • Loss of quality for industries Comparison of Costs to Benefits Part benefits dealing with time sensitive products or The estimate for the total costs of the 7% products with a limited shelf life, such as commercial fishing seafood rule is $41.5 million (annualized at a 7 136–138 ...... $3.1 processors, seafood dealers, or other percent discount rate). The estimate for 139 ...... 1.1 food processors and manufacturers; and monetized benefits is $46.4 million 140 ...... 17.1 • Reduced recreational opportunities, (annualized at a 7 percent discount 141 ...... 4.4 resulting in social welfare losses. rate), based on the mitigation of risks 142 ...... 1.2 To estimate the amount of delay from towing vessel accidents in terms of 143 ...... 11.1 caused by towing vessel incidents, we lives lost, injuries, oil spilled, and 144 ...... 8.3 examined the 20 most severe recorded property damage. Subtracting the Total Rule Benefits ...... 46.4 towing vessel incidents from MISLE and monetized costs from the monetized sample cases for these other benefits yields a net benefit of $4.9 * Values may not total due to rounding. consequences and quantified their million. We also identified, but did not Unquantified Benefits effects. Of the 20 incidents we were able monetize, other benefits from reducing to use archived journal sources and the risk of accidents that have secondary These estimates do not include the Coast Guard incident reports to estimate consequences of delays and congestions value of benefits that we have not number of vessels subject to a delay and on waterways, highways, and railroads. quantified, including preventing delays total hours of delay for 13 incidents. As shown in Table 15 below, by part, and congestion due to towing vessel Based on our analysis detailed in the the operational requirements in part 140 accidents. We are unable to monetize Regulatory Analysis, these 13 incidents have the highest net benefits at $9.8 the value of preventing other resulted in 28,883 vessel hours of delay. million. Parts 139 and 141 through 144 consequences of towing vessel If we apply a low end estimate of the also have positive net benefits. Parts 136 accidents, including delays and costs to operate a towing vessel per through 138 have negative net benefits congestion, due to a lack of data and hour, the delay costs for these 13 of ¥$13.2 million. Parts 136 through information. However, as discussed in incidents at least exceeded $10 million. 138 contain the requirements for the Regulatory Analysis available in the However, we do not have sufficient inspection, obtaining COIs, and TSMSs. docket, the potential value of other information to scale up these examples These activities facilitate the benefits could be substantial if towing to a nationwide estimate. enforcement of the requirements in the vessel accidents cause long waterway, In addition, the evaluation of other parts, so it is difficult to separate bridge, or road closures. For large potential benefits from reducing the risk benefits solely for the activities in Parts accidents that result in long delays, the of accidents is dependent upon the 136 through 138.

TABLE 15—COMPARISON OF BENEFITS AND COSTS BY PART ANNUALIZED, 7 PERCENT [$ millions]

Part Description Costs Benefits Net benefits

Costs to Industry

136–138 ...... Certification, Inspection, TSMS ...... $16.3 $3.1 ($13.2) 139 ...... TPOs ...... 0.04 1.1 1.1 140 ...... Operations ...... 7.3 17.1 9.8 141 ...... Lifesaving ...... 3.2 4.4 1.2 142 ...... Fire Prevention ...... 0.8 1.2 0.4 143 ...... Mechanical and Electrical ...... 4.0 11.1 7.1 144 ...... Construction and Arrangements ...... 0.6 8.3 7.7 Non-subchapter M Costs ...... 0.3 * NQ * NQ Government Cost ...... 8.8 * NQ * NQ

Total Combined Cost of Final Rule ...... 41.5 46.4 4.9 * NQ = Not quantified Totals may not add due to rounding.

Overall, the regulatory analysis operators of towing vessels the ability to industry into inspected status, and indicates that the preferred alternative customize compliance to their improve safety. provides owners and managing individual business models, move the

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40091

Alternatives three alternatives that are illustrative of from becoming effective in Year 3 of the the types and range of the many rule (after the 2-year implementation At all stages of this rulemaking, alternatives that considered throughout period) to after the first round of initial including the development of the the rulemaking process. The alternatives inspections and issuance of COIs is NPRM, review of public comments, and explored include the following: complete (Year 6). the preparation of this final rule, we • Alternative 1: Limits the regulatory • considered numerous alternatives to the requirements to only the minimum Alternative 3: Does not rule requirements. During this process, required to meet the statutory ‘‘grandfather’’ existing vessels for we weighed the burden posed by a requirements of inspecting towing certain requirements in part 143 (i.e., requirement or group of requirements vessels. Parts 136 to 139 are retained, these requirements would apply to both against baseline risk and potential risk related to conducting inspections, new and existing vessels). reduction with the goal of improving issuing COIs, using TSMS’s and Alternatives 1–3 have net costs, safety of crew and public, and overseeing third parties. All operational, compared to net benefits under the enhancing environmental protection, fire and safety, equipment and design preferred alternative. A summary of the while minimizing the cost burden on requirements are removed. • costs and benefits of the alternatives are industry and government. We have Alternative 2: Delays the presented in Table 16. quantified the costs and benefits for operational requirements (Part 140)

TABLE 16—SUMMARY OF ALTERNATIVES [$ millions, 7% discount rate]

Annualized Annualized Net benefits or net Alternative Summary cost benefits costs *

Preferred Alternative: Final rule .. Full implementation of parts 136–144 ...... $41.5 $46.4 $4.9 net benefits. Alternative 1: Parts 136–139: In- Full implementation of parts 136–139. Removes $25.4 $4.2 ($21.2) net costs. spection/TSMS only. all other requirements. Alternative 2: Delayed Implemen- Full implementation of parts 136–139, parts 141– $38.2 $21.1 ($17.1) net costs. tation of part 140. 144. Delayed implementation of part 140. Alternative 3: No grandfathering Full implementation of parts 136–142. No $82.3 $55.9 ($26.5) net costs. of certain equipment and de- grandfathering of certain requirements in Part sign requirements in part 143. 143. * Net benefits do not include unquantified congestion and delay benefits. Totals may not add due to rounding.

The RA available in the docket (IRFA) unless it determines and certifies The Coast Guard did not certify that includes an analysis of the costs of this that a rule, if promulgated, would not the final rule will not have a significant rulemaking by requirement and have a significant economic impact on economic impact on a substantial provides an assessment of potential a substantial number of small entities. number of small entities. We received monetized, quantified and non- During the NPRM stage, the Coast Guard comments and data from several quantified benefits of this rulemaking. published an IRFA to aid the public in commenters on the IRFA, and that The RA also contains details and commenting on the potential small information was considered for the analysis of other alternatives considered entity impacts of the provisions in the FRFA. The RFA prescribes the content for this rulemaking. NPRM. All interested parties were of the FRFA in section 604(a), which we discuss below. B. Small Entities invited to submit data and information regarding the potential economic impact In accordance with the RFA (5 U.S.C. Overview of the Final Regulatory that would result from adoption of the 601–612), the Coast Guard prepared the Flexibility Act Analysis proposals in the NPRM. FRFA in the Regulatory Analysis document that examines the impacts of The Regulatory Flexibility Act (Pub. When an agency promulgates a final the final rule on small entities (5 U.S.C. L. 96–354)(RFA) establishes ‘‘as a rule under 5 U.S.C. 553, after being 601, et seq.). A small entity may be: principle of regulatory issuance that required by that section or any other law • A small independent business, agencies shall endeavor, consistent with to publish a general NPRM, or defined as any independently owned the objectives of the rule and of promulgates a final interpretative rule and operated business not dominant in applicable statutes, to fit regulatory and involving the internal revenue laws of its field that qualifies as a small informational requirements to the scale the United States as described in 5 business per the Small Business Act (5 of the businesses, organizations, and U.S.C. 603(a), the agency must prepare U.S.C. 632); governmental jurisdictions subject to a final regulatory flexibility assessment • A small not-for-profit organization; regulation. To achieve this principle, (FRFA) or have the head of the agency and; agencies are required to solicit and certify pursuant to 5 U.S.C. 605(b) that • A small governmental jurisdiction consider flexible regulatory proposals the rule will not, if promulgated, have (locality with fewer than 50,000 people). and to explain the rationale for their a significant economic impact on a This FRFA addresses the following: actions to assure that such proposals are substantial number of small entities. (1) A statement of the need for, and given serious consideration.’’ The RFA also requires an agency to objectives of, the rule; The RFA and Executive Order 13272 conduct a FRFA unless it determines (2) A statement of the significant require a review of proposed and final and certifies that a rule is not expected issues raised by the public comments in rules to assess their impacts on small to have a significant economic impact response to the IRFA, a statement of the entities. An agency must prepare an on a substantial number of small assessment of the agency of such issues, initial regulatory flexibility analysis entities. and a statement of any changes made in

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40092 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

the proposed rule as a result of such industry. Regulatory action is required comments received on small business comments; to take steps to reduce risk industry- impacts. (3) The response of the agency to any wide and thereby obtain the socially Some commenters felt that subchapter comments filed by the Chief Counsel for optimal outcome. M requirements would hurt small Advocacy of the Small Business This final rule is authorized and made business owners and their employees, Administration (SBA) in response to the necessary by the 2004 Act, which made and could put many small entities out proposed rule, and a detailed statement towing vessels subject to inspection. of business. However, they did not of any change made to the proposed rule Further, the 2010 Act authorized the provide specific data on how much of in the final rule as a result of the Secretary to issue a rule containing a burden the requirements might be on comments; towing safety management system their operational costs. The most (4) A description of and an estimate provisions promulgated under 46 U.S.C. specific comment received noted that of the number of small entities to which 3306(j). recordkeeping proposals alone would the rule will apply or an explanation of The objective of this regulatory action require him to hire one or more new full why no such estimate is available; is to enhance the safe operations of time workers. Some other commenters (5) A description of the projected towing vessels on our nation’s pointed to the overall costs of reporting, recordkeeping and other waterways. The final rule seeks to fulfill subchapter M regulations that were compliance requirements of the rule, this objective by including towing previously put in a range of $100,000 to including an estimate of the classes of vessels on the list of vessels that Coast $250,000, per vessel, and potentially small entities which will be subject to Guard must inspect, improving the several million dollars per company for the requirement and the type of working environment of towing vessel business entities that owned multiple professional skills necessary for crews, and placing responsibility for the towing vessels. preparation of the report or record; (6) A description of the steps the safe operation of towing vessels on the Several other commenters, similar to agency has taken to minimize the owners or operators of the vessels. The the previous group of commenters also significant economic impact on small requirements of the final rule are expressed concern that their company entities consistent with the stated designed to encourage companies to would not be able to pay for these objectives of applicable statutes, engage at every level to improve safe requirements, and therefore, either be including a statement of the factual, operations, maintenance and design and forced out of business or be acquired by policy, and legal reasons for selecting adhere to prescribed safety standards. larger entities in the towing vessel the alternative adopted in the final rule (2) A statement of the significant industry. Due to these costly subchapter and why each one of the other issues raised by the public comments in M regulations one commenter argued significant alternatives to the rule response to the initial regulatory that lenders would delay lending and considered by the agency which affect flexibility analysis, a statement of the review existing ship mortgages to the impact on small entities was assessment of the agency of such issues, reassess their collateral positions. This rejected. and a statement of any changes made in commenter noted that this is because Below is a discussion of the FRFA for the proposed rule as a result of such many small towing vessel owners and each of these six elements: comments operators could not afford to comply (1) A statement of the need for, and On August 11, 2011, the Coast Guard with the requirements of the objectives of, the rule published an NPRM titled ‘‘Inspection regulations. Another commenter stated The need for Federal regulatory action of Towing Vessels’’ in the Federal that his company would lose the ability is due to the risk of potential accidents Register (76 FR 49976). The Coast Guard to borrow against their boats if they caused by towing vessels on the nation’s then held four public meetings, one can’t comply with the proposed maritime system. The consequences of each in Newport News, VA; New regulations. One commenter estimated towing vessel accidents can be severe, Orleans, LA; St. Louis, MO; and Seattle, that no less than 20 percent of the including fatalities; injuries; damage to WA. We received and considered a aggregate U.S. towing fleet would be put property, infrastructure and the combined total of more than 3,000 out of service, if the final rule goes into environment; and closure of comments, from more than 265 written effect as written in the NPRM. transportation assets and subsequent submissions and oral statements from The Coast Guard appreciates these delays. There is also a public demand 105 persons at public meetings, in comments on the economic impact of for improvements in the management of developing this final rule. We the final rule on small entities. the nation’s waterways. summarized these comments in the Cognizant of regulatory impacts on The casualties resulting from towing ‘‘Discussion of Comments and Changes’’ small entities, the Coast Guard sought to vessel accidents are examples of section of the preamble for the final minimize these impacts and has negative externalities that are relevant to rule. structured the final rule with this end in this final rule. The cost of a higher We received several comments from mind. The Coast Guard’s efforts to safety standard is borne by the towing small business owners and operators on minimize the cost impacts on small vessel owner or operator, while the cost the economic impact of subchapter M entities in the final rule include the of an accident could be distributed regulations. Some commenters were following. across various entities, including the opposed to new regulations and did not • Inspection compliance options: The vessel owner or operator, crew, other provide specific information or data on Coast Guard has retained from the vessel owners or operators, federal, how they will be impacted by its proposed rule flexibility in the method state, and local public service providers, requirements. Many other commenters for complying with inspections, either businesses, and private citizens. The requested either exemption or through Coast Guard inspections or a material failure of the private market in grandfathering from all or some of these TSMS. Some commenters suggested that reaching the socially optimal outcome regulations. These commenters wanted a TSMS be mandatory for all towing increases the risk to the public. An to completely avoid or mitigate the owners and operators and their vessels. uncompensated increase in risk impact of the regulations so they could However, the Coast Guard has instead currently exists due to inconsistent continue to serve the towing vessel continued to allow either option, so that safety practices in the marine towing industry. Below is a discussion of small entities can chose the approach

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40093

that minimizes impacts on their exceeding $100,000 to $150,000 to U.S., U.S. Army Corps of Engineers; the particular business operations. retrofit vessels to meet these Inland River Record, Waterways • Automatic External Defibrillator requirements. Journal; the Coast Guard’s MISLE (AED): The Coast Guard has removed • Stability documents: The Coast system; Web sites and other public the requirement for towing vessels to Guard has changed certain requirements sources. From this database we have AEDs to reduce the cost impact of in part 144 to offer additional methods identified 5,509 vessels affected by this the final rule. The savings resulting for compliance. One commenter rule. There are 1,096 companies that from this change would be estimated at estimated that it could cost tens of own or operate these vessels. $2,500 per unit for each vessel. thousands of dollars to have a naval We used available operator name and • Pilothouse alerters: The Coast architect generate stability calculations address information to research public Guard has retained the requirement for under the NPRM proposal. Section and proprietary databases for entity type pilothouse alerters, but has limited 144.300(b) now offers three options for (subsidiary or parent company), primary applicability to larger towing vessels (in an existing vessel without a stability line of business, employee size, excess of 65 ft) with potentially higher document to meet part 144 revenue, and other information. We risk profiles. To reduce the burden of requirements: Findings based on the found 20 vessels owned by 17 this requirement, the Coast Guard has vessel’s operation or a history of governments and 6 owned by non- also allowed for a longer satisfactory service, successful profits. The remainder are business implementation period. For vessels less performance on operational tests, or a entities. For governmental jurisdictions, than 65 feet, the savings are the $5,410 satisfactory stability assessment. In we determined whether the jurisdiction cost of the alerter per vessel. particular, allowing for a vessel’s history had populations of less than 50,000 as • Equivalence of existing SMSs: For of satisfactory service in the final rule owners and operators that choose the per the criteria in the RFA. For provides a lower cost method for nonprofits, we qualitatively evaluated TSMS option, the Coast Guard has compliance, which should serve to sought to minimize additional effort to whether the nonprofit was reduce the cost on small entities. independently owned and operated and develop and implement a TSMS by (3) The response of the agency to any is not dominant in its field. For the establishing a process for granting comments filed by the Chief Counsel for businesses, we matched the owner equivalency between an existing SMS Advocacy of the Small Business information to the SBA’s ‘‘Table of and a TSMS. Also, under the final rule, Administration in response to the Small Business Size Standards’’ to compliance with ISM is equivalent to a proposed rule, and a detailed statement determine if an entity is small in its TSMS. This change has the potential to of any change made to the proposed primary line of business as classified in minimize efforts for the 51 percent of rule in the final rule as a result of the the North American Industry the affected population covered by an comments existing SMS, but the amount of the The Coast Guard did not receive any Classification System (NAICS). Of the savings has not been quantified. comments from the SBA’s Office of 20 vessels owned by 13 governments, 5 • Removing certain requirements for Advocacy regarding the impact that the are owned by small government existing vessels: In response to proposed rule would have on small jurisdictions (with fewer than 50,000 comments received on the NPRM, the entities. people). Of the 6 vessels owned by 3 Coast Guard has removed certain (4) A description of and an estimate non-profits, all are owned by non-profits requirements in parts 143 and 144 for of the number of small entities to which that are independently operated and not existing vessels to decrease the cost. In the rule will apply or an explanation of dominant in their field. the NPRM, the Coast Guard estimated why no such estimate is available There are a total of 26 NAICS-coded that certain requirements could cost in The final rule will affect the owners industries in the final rule’s affected the range of $5,000 to $20,000 per and operators of certain towing vessels. population and we show below the 11 requirement per vessel, at a total of We constructed a towing vessel fleet industries that appeared most frequently approximately $60,000 per vessel. database based on data from the in the affected population of owners or Commenters provided estimates at or Waterborne Transportation Lines of the operators of towing vessels.

TABLE 17—ELEVEN MOST FREQUENT INDUSTRIES AFFECTED BY THE FINAL RULE

Count of Percent of towing total NAICS vessel number of Code Description Small entity definition entities in towing each NAICS vessel code entities

483211 .. Inland Water Freight Transportation ...... <500 Employees ...... 71 31.8 488330 .. Navigational Services To Shipping ...... <$38,500,000 ...... 48 21.5 483113 .. Coastal and Great Lakes Freight Transportation ...... <500 Employees ...... 42 18.8 238910 .. Site Preparation Contractors ...... <$14,000,000 ...... 13 5.8 483111 .. Deep Sea Freight Transportation ...... <500 Employees ...... 10 4.5 213112 .. Support Activities For Oil & Gas Operations ...... <$35,500,000 ...... 5 2.2 237310 .. Highway Street & Bridge Construction ...... <$33,500,000 ...... 4 1.8 336611 .. Ship Building & Repairing ...... <1,000 Employees ...... 4 1.8 423320 .. Brick, Stone/Related Construction Material Merchant Whole- <100 Employees ...... 4 1.8 salers. 444190 .. Other Building Material Dealers ...... <$19,000,000 ...... 3 1.3 488320 .. Marine Cargo Handling ...... <$38,500,000 ...... 3 1.3

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40094 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

We randomly selected a sample size time during the winter when that stretch TABLE 18—ANNUAL VESSEL FIXED of the 5,509 towing vessels to reach the of the River is closed and the vessels are COSTS AND UNIT ENTITY COSTS 95 percent confidence level. This idle. As a counter example, and entity FOR PHASE-IN AND FULL-IMPLEMEN- sample produced a set of 223 businesses with a fleet in constant operation may TATION PERIODS that own and operate the towing vessels. want to spread the Coast Guard No governments or non-profits were in inspections over the five-year period to Annual Annual our sample. Of the 223 businesses, there minimize disruptions to service. Thus, Period vessel entity were 43 companies that exceeded SBA fixed unit there is no one year in the full cost cost small business size standards, 113 implementation period that contains all companies considered small by the the cost elements for all vessels. To Phase-In ...... $11,480 $23,737 SBA, and 67 companies for which no provide a single reference year we Full Implementation .. 5,045 5,250 information was available. For the purposes of this analysis, we consider constructed a hypothetical ‘‘heavy load’’ In the regulatory analysis, we used all entities for which information was year that contains all the requirements MISLE deficiency data to estimate the not available to be small. Thus, there are for a vessel and an entity. This year number of vessels that would need to 180 businesses in our sample we includes a COI renewal for a TSMS make changes to comply with various consider to be small entities. vessel, the Coast Guard inspection, and a drydock inspection and other costs system or equipment standards. This Cost Methodology—Analysis Periods, that apply throughout this period. As generated population based estimates, Variable Costs, and Fixed Costs described below, the construct of the but did not identify the specific vessels The cost incurred by a particular ‘‘heavy load year’’ enabled the that would incur these compliance costs. small entity over the 10-year period of comparison of the costs for one year to analysis varies based on the period of revenue for one year. To estimate vessel variable costs, we years in question. For the purposes of adopted the Monte Carlo methodology this FRFA, we analyzed the cost impacts To conduct the small entity revenue used in the IRFA. We used the Monte on small entities for a representative impact analysis we divided the total Carlo as a tool to resolve the year within two periods, as the phase- annual costs of an entity for the two uncertainties related to which vessels in period of the initial two years and the periods into these three components: will need to comply with which full implementation period from Years 3 vessel annual variable costs, vessel requirements, each with their own unit through 10 have unique costs. During annual fixed costs, and unit annual costs and affected populations. The the phase-in period, companies will face entity costs. Vessel annual variable costs Monte Carlo model we developed initial implementation costs, such as the are those that are dependent upon the accounts for the ranges of unit costs and TSMS and conducting initial vessel characteristics or condition of the affected populations across the surveys. Over the following full vessel. Vessel annual fixed costs are requirements by taking as inputs the implementation period, companies will those that apply to all vessels, such as specific unit costs and affected face ongoing costs associated with the requirement to post the COI. Unit populations for each requirement. The periodic surveys, vessels will operate annual entity costs are those that accrue output of the model is a distribution of under their COIs and companies will at the management level of the entity. total variable costs. face ongoing costs associated with The annual costs for an entity are The Monte Carlo model simulated a obtaining and renewing COIs, periodic calculated for the phase-in and full one-year variable costs for the phase-in surveys and audits, drydock implementation periods using the and full-implementation periods inspections, and Coast Guard following equations: separately. The inputs are from the cost inspections. The scheduling of all these estimates of each requirement: The activities are dependent on a number of Equation 1: Vessel Annual Unit Cost affected population recast as a factors, such as the following: = Vessel Annual Variable Cost + Vessel percentage of the total vessel • A vessel operating under the TSMS Annual Fixed Cost population, and the unit costs. Each option will be subject to management Equation 2: Total Annual Vessel Costs simulation was run 10,000 times to and vessel audits and the operating = Vessel Annual Unit Cost (eq. 1) * produce a distribution of costs. For a company will need to obtain a TSMS number of vessels point estimate of the vessel annual Certificate. variable costs we took the average value Equation 3: Total Entity Costs = Total • Many of the requirements are based of each distribution, which yielded on when a vessel obtains its first COI, Annual Vessel Costs (eq. 2) + Unit $4,787 for the phase-in period and which lasts for five years. The rule Annual Entity Costs $9,866 for the full implementation states that vessel owners/operators must Vessel annual fixed costs and unit period. spread out the initial COI over two-to- annual entity costs are derived for the To summarize from the presentations four years, depending on the size of the phase-in and full-implementation above, the parameters for the phase-in fleet. periods from data in the cost model period are the following: • A vessel operating in salt water from the regulatory analysis. The fixed Vessel Annual Variable Cost = $4,787 must have two drydock inspections in costs for the phase-in period are the Vessel Annual Fixed Cost = $11,480 every 5-year period, while one operating same in both years. For the full- Entity Annual UnitCost = $5,045. in fresh water only needs one. implementation period we used the We anticipate that the entities will Applying Equation 1 from above, costs associated with the hypothetical manage the compliance activities so that Vessel Annual Unit Cost = $16,267 ‘‘heavy load’’ year, described above. costs are efficiently managed. For (Vessel Annual Variable Cost, $4,787, + example, an owner with vessels Table 18 shows these costs for the two Vessel Annual Fixed Cost, $11,480). operating under the TSMS options periods. The variable inputs are the number of having a fleet of vessels in the upper vessels operated by each entity, which Mississippi River may want to have the is found in the Affected Population Coast Guard inspect all vessels at one Database, and the entity’s revenue.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40095

We developed an annual revenue year phase-in period of this rule. analysis are shown as Example 1 in impact analysis for the average company Consequently, the total two-year Table 19. Examples 2 through 4 show in our sample. The average number of implementation cost for the average the calculations for examples of vessels per company in our sample is small entity is estimated at $75,158. The applying Equations 2 and 3 for three 1.7, so the two-vessel example is average annual revenue across the hypothetical companies, with one-, representative of an average company. sample is $10,058,187. With these three-, and four-vessel fleets, We estimate this average two-vessel inputs we derived an estimate of the respectively. owning small entity will incur an annual revenue impact for the average annual cost of $37,579 during the two- entity in the sample. The results of this

TABLE 19—EXAMPLES OF ANNUAL REVENUE IMPACT CALCULATIONS DURING THE PHASE-IN PERIOD FOR THE AVERAGE- SIZE FLEET (2 VESSELS) AND HYPOTHETICAL EXAMPLES FOR 1-, 3-, AND 4-VESSEL FLEETS [Revenue for example 2 is sample average, others are hypothetical]

(H) Annual (C) Vessel (D) Vessel (E) Entity (F) Total revenue (A) Entity name (B) Fleet annual unit annual cost annual unit annual cost (G) Annual impact size cost (B * C) cost (D + E) revenue (F/G) %

Example 1 (Average Entity) ...... 2 $16,267 $32,534 $5,045 $37,579 $10,058,187 0.40

Hypothetical Examples

Example 2 ...... 1 16,267 16,267 5,045 21,312 5,000,000 0.43 Example 3 ...... 3 16,267 48,801 5,045 53,846 15,000,000 0.36 Example 4 ...... 4 16,267 65,068 5,045 70,113 20,000,000 0.35

For the 92 businesses with revenue as a percentage of revenue. Table 21 small entities for the phase-in and full data, we calculated the total costs for presents the annual revenue impact on implementation periods. each small entity and a revenue impact

TABLE 21—PERCENTAGE OF ESTIMATED ANNUAL REVENUE IMPACT ON AFFECTED SMALL ENTITIES

Annual Annual impacts from phase-in impacts from costs implementation (average of Years 1–2) costs Revenue impact range (‘‘heavy load’’ year) Number of Percent of Number of Percent of entities entities entities entities

0% <= 1% ...... 60 65.2 44 47.8 1% <= 3% ...... 19 20.7 27 29.3 3% <= 5% ...... 2 2.2 8 8.7 5% <= 10% ...... 5 5.4 2 2.2 Above 10% ...... 6 6.5 11 12.0

Total ...... 92 100.0 92 100.0

During the phase-in period, for the and 10 percent. The remaining 12.0 which will involve compiling average cost per year, our analysis percent of the small entities will have information, submission, and third part indicates that nearly 65 percent of the an annual revenue impact of over 10 review. Additionally, information will small entities will have an annual percent. be collected at the vessel and company revenue impact of 1% or less. (5) A description of the projected level regarding safety, operations, drills, Approximately 28.3 percent of the small reporting, recordkeeping and other record keeping, and general compliance. entities will have an annual revenue compliance requirements of the rule, These requirements will be added as a impact of between 3 percent and 10 including an estimate of the classes of new collection of information with the percent. The remaining 6.5 percent of small entities which will be subject to OMB control number 1625–0117 with the small entities will have an annual the requirement and the type of the title ‘‘Towing Vessels—Title 46 CFR revenue impact of over 10 percent. professional skills necessary for Subchapter M. Please refer to Chapter After full implementation of preparation of the report or record 11, ‘‘Paperwork Reduction Act’’, the inspections and COIs, we estimate that Under the provisions of the final rule, Regulatory Analysis for further detail. 47.8 percent of the small entities will 5,509 towing vessels owned by 1,096 (6) A description of the steps the have an annual revenue impact of 1% towing vessel companies will be agency has taken to minimize the or less. Approximately 40.2 percent of required to conduct a variety of significant economic impact on small the small entities will have an annual reporting and recordkeeping activities, entities consistent with the stated revenue impact of between 3 percent related to obtaining and renewing a COI, objectives of applicable statutes,

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40096 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

including a statement of the factual, Stability documents: The Coast Guard and results in net costs of $26.4 million. policy, and legal reasons for selecting has changed certain requirements in For these reasons, the Coast Guard has the alternative adopted in the final rule part 144 to offer additional methods for applied the certain requirements in and why each one of the other compliance. Section 144.300(b) now parts 143 and 144 to only new vessels significant alternatives to the rule offers three options for an existing and reduced the burden on small considered by the agency which affect vessel without a stability document to entities. the impact on small entities was meet part 144 requirements: Findings We are interested in the potential rejected based on the vessel’s operation or a impacts from this final rule on small Prior to this rulemaking, the Coast history of satisfactory service, successful businesses and we request public Guard participated in the TSAC performance on operational tests, or a comment on these potential impacts. meetings that helped formulate our satisfactory stability assessment. In C. Assistance for Small Entities proposals in the NPRM. Small entities particular, allowing for a vessel’s history had the opportunity to participate in of satisfactory service in the final rule Under section 213(a) of the Small this Committee and the Economic provides a lower cost method for Business Regulatory Enforcement Analysis Working Group. compliance, which should serve of Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in The Coast Guard has made a number compliance to reduce the cost on small understanding this final rule so that of changes from the proposals in the entities. they can better evaluate its effects on NPRM after consideration of public The Coast Guard discusses the full them and participate in the rulemaking. comments. A full discussion of range of alternatives considered in As noted, we have prepared a Small comments and Coast Guard responses is Section 6 of the RA. We monetized the Entities Guide for this rule and have found in the ‘‘Discussion of Comments impacts of three alternatives. Table 13 placed in it the docket for this and Changes’’ section above. In above summarizes the costs, benefits rulemaking. If the final rule would affect developing both the original proposal and net benefits of the alternatives your small business, organization, or and the final rule, the following are considered and the preferred alternative governmental jurisdiction and you have examples of the Coast Guard’s efforts to adopted in the final rule. Alternative 1 estimates impacts of questions concerning its provisions or minimize the economic impact on small only implementing the inspection options for compliance, please consult entities. requirements of the final rule, without LCDR Will Nabach, Project Manager, Inspection compliance options: The the operational, lifesaving, fire CG–OES–2, Coast Guard, telephone Coast Guard has retained from the protection, machinery and electrical, 202–372–1386. The Coast Guard will proposal the choice of method for and construction and arrangement not retaliate against small entities that complying with inspections, either requirements. Although this approach question or complain about this rule or through Coast Guard inspections or a reduces the cost impacts of the final any policy or action of the Coast Guard. TSMS. Some commenters suggested that rule, the benefits fall by almost 85 Small businesses may send comments a TSMS be mandatory for all towing percent. The annualized net impact of on the actions of Federal employees owners and operators and their vessels. the rule (benefits minus costs) falls from who enforce, or otherwise determine However, the Coast Guard has instead $4.5 million in net benefits for the compliance with, Federal regulations to continued to allow either option, so that preferred alternative to a net cost of the Small Business and Agriculture small entities can choose the approach $21.2 million. Requiring only the Regulatory Enforcement Ombudsman that minimizes impacts on their inspection requirements without also and the Regional Small Business particular business operations. increasing the standards in the other Regulatory Fairness Boards. The AED: The Coast Guard has removed CFR parts fails to meet the objective of Ombudsman evaluates these actions the requirement for towing vessels to improving towing vessel safety and annually and rates each agency’s have AEDs to reduce the cost impact of decreasing the risk of towing vessel responsiveness to small business. If you the final rule. accidents to a substantive degree. The wish to comment on actions by Pilothouse alerters: The Coast Guard Coast Guard developed and chose the employees of the Coast Guard, call 1– has retained the requirement for comprehensive approach that combines 888–REG–FAIR (1–888–734–3247). pilothouse alerters, but has limited an inspection regime with improved applicability to larger towing vessels (in standards as it results in the greater D. Collection of Information excess of 65 ft) with potentially higher societal outcomes, as demonstrated by This final rule would call for a risk profiles. To reduce burden of this the net benefits. collection of information under the requirement the Coast Guard has also Similarly, Alternative 2, which Paperwork Reduction Act of 1995 (44 allowed for a longer implementation estimates the impact of delaying U.S.C. 3501–3520). As defined in 5 CFR period. implementation of the operational 1320.3(c), ‘‘Collection of Information’’ Equivalence of existing SMSs: For standards found in Part 140, also results comprises reporting, recordkeeping, owners and operators that chose the in lower annualized net impacts: $4.5 monitoring, posting, labeling, and other, TSMS option, Coast Guard has sought to million net benefits for the preferred similar actions. The title and minimize effort to develop and alternative and $17.1 million net costs description of the information implement a TSMS by establishing a for Alternative 2. The Coast Guard chose collections, a description of those who process for granting equivalency not to delay implementation of the must collect the information, and an between an existing SMS and a TSMS. operational standards in part 140 as it estimate of the total annual burden Also, under the final rule, compliance results in the greater societal outcomes, follow. The estimate covers the time for with ISM is equivalent to a TSMS. as demonstrated by the net benefits. reviewing instructions, searching Removing certain requirements for Alternative 3 analyzes the impacts of existing sources of data, gathering and existing vessels: In response to not removing certain requirements in maintaining the data needed, and comments received on the NPRM, the parts 143 and 144 (as discussed above). completing and reviewing the Coast Guard has removed certain Alternative 3 has a greater cost burden, collection. requirements in parts 143 and 144 for including greater impact on small Title: Towing Vessels—Title 46 CFR existing vessels to decrease the cost. entities, than the preferred alternative Subchapter M.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40097

Summary of the Collection of E. Federalism H. Civil Justice Reform Information: Owners and managing This rule meets applicable standards operators of inspected towing vessels A rule has implications for federalism under Executive Order 13132, in sections 3(a) and 3(b)(2) of E.O. 12988 would be required to either develop and (‘‘Civil Justice Reform’’), to minimize maintain documentation for their safety Federalism, if it has a substantial direct effect on the States, on the relationship litigation, eliminate ambiguity, and management system and arrange reduce burden. periodic audits and surveys through between the national government and third-party organizations, or to the States, or on the distribution of I. Protection of Children demonstrate compliance with the power and responsibilities among the various levels of government. We have We have analyzed this rule under E.O. subchapter M to Coast Guard inspectors. 13045 (‘‘Protection of Children from Additional documentation would be analyzed this rule under that order and have determined that it is consistent Environmental Health Risks and Safety required to obtain a Certificate of Risks’’). This rule is not an Inspection for each vessel, comply with with the fundamental federalism principles and preemption requirements economically significant rule and would crew and vessel operational safety not create an environmental risk to standards, vessel equipment and system described in E.O. 13132. Our analysis is explained below. health or risk to safety that might standards, procedures and schedules for disproportionately affect children. routine tests and inspections of towing It is well settled that States may not vessels and their onboard equipment regulate in categories reserved for J. Indian Tribal Governments and systems. The new requirements for regulation by the Coast Guard. It is also This rule does not have tribal third-party auditors and surveyors well settled that all of the categories implications under E.O. 13175 include obtaining Coast Guard approval covered in 46 U.S.C. 3306, 3703, 7101, (‘‘Consultation and Coordination with and renewing it periodically. The Coast and 8101 (design, construction, Indian Tribal Governments’’), because it Guard would be burdened by reviewing alteration, repair, maintenance, would not have a substantial direct required reports, conducting operation, equipping, personnel effect on one or more Indian tribes, on compliance examinations of towing qualification, and manning of vessels), the relationship between the Federal vessels and overseeing third-party as well as the reporting of casualties and Government and Indian tribes, or on the auditors and surveyors through any other category in which Congress distribution of power and approval and observation. intended the Coast Guard to be the sole responsibilities between the Federal Need for Information: The source of a vessel’s obligations, are Government and Indian tribes. information is necessary for the proper within the field foreclosed from K. Energy Effects administration and enforcement of the regulation by the States. (See the towing vessel inspection program. decision of the Supreme Court in the We have analyzed this rule under E.O. consolidated cases of United States v. Proposed use of Information: The 13211 (‘‘Actions Concerning Locke and Intertanko v. Locke, 529 U.S. Regulations That Significantly Affect Coast Guard would use this information 89, 120 S.Ct. 1135 (March 6, 2000)). to document that towing vessels meet Energy Supply, Distribution, or Use’’). This rule covers all of the foreclosed We have determined that it is not a inspection requirements of subchapter categories, as it establishes regulations M. ‘‘significant energy action’’ under E.O. covering a new category of inspected 13211, because although it is a Description of the Respondents: The vessels, as mandated by Congress. ‘‘significant regulatory action’’ under respondents are the owners and Because the States are now foreclosed E.O. 12866, it is not likely to have a managing operators of towing vessels from regulating towing vessels in these significant adverse effect on the supply, and third-party auditors and surveyors categories, the rule is consistent with distribution, or use of energy, and the that would be required to complete the principles of federalism and Administrator of OMB’s Office of various forms, reports and keep reports. preemption requirements in Executive Information and Regulatory Affairs has Number of Respondents: The 5,694 Order 13132. not designated it as a significant energy respondents are the owners and F. Unfunded Mandates Reform Act action. operators of 5,509 affected towing vessels and 185 entities that employ the The Unfunded Mandates Reform Act L. Technical Standards and 1 CFR Part third-party auditors and surveyors. of 1995, 2 U.S.C. 1531–1538, requires 51 Frequency of Response: The average Federal agencies to assess the effects of The National Technology Transfer responses per year are 7,660,257. their discretionary regulatory actions. In and Advancement Act, codified as a particular, the Act addresses actions note to 15 U.S.C. 272, directs agencies Estimate of Total Annual Burden: The that may result in the expenditure by a to use voluntary consensus standards in total annual burden is 181,669 hours. State, local, or tribal government, in the their regulatory activities unless the As required by the Paperwork aggregate, or by the private sector of agency provides Congress, through Reduction Act of 1995 (44 U.S.C. $100,000,000 (adjusted for inflation) or OMB, with an explanation of why using 3507(d)), we have submitted a copy of more in any one year. Though this rule these standards would be inconsistent this rule to the Office of Management will not result in such an expenditure, with applicable law or otherwise and Budget (OMB) for its review of the we do discuss the effects of this rule impractical. Voluntary consensus collection of information. elsewhere in this preamble. standards are technical standards (e.g., You need not respond to a collection G. Taking of Private Property specifications of materials, performance, of information unless it displays a design, or operation; test methods; currently valid control number from This rule will not cause a taking of sampling procedures; and related OMB. Before the Coast Guard could private property or otherwise have management systems practices) that are enforce the collection of information taking implications under E.O. 12630, developed or adopted by voluntary requirements in this rule, OMB would Governmental Actions and Interference consensus standards bodies. need to approve the Coast Guard’s with Constitutionally Protected Property This final rule uses the following request to collect this information. Rights. voluntary consensus standards from:

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40098 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

The American Boat and Yacht Council Waterways, 2007. These standards life-saving appliances and (ABYC)— are for barges, towboats, cargo arrangements. • ABYC E–11 (2003), AC and DC vessels and passenger vessels in • International Convention for the Electrical Systems on Boats. This service on major rivers and on Safety of Life at Sea (SOLAS), 1974, standard covers the design, connecting intracoastal waterways. as amended. This international construction, and installation of They are applicable to those convention is designed to improve direct current (DC) electrical features that are permanent in the safety of shipping. systems on boats and of alternating nature and can be verified by plan The International Organization for current (AC) electrical systems on review, calculation, physical survey Standardization (ISO)— boats. ABYC H–2 (2000), or other appropriate means. • ISO 9001–2008(E), International Ventilation of Boats Using Gasoline. • ABS Rules for Building and Standard: Quality management This standard covers the design, Classing Steel Vessels Under 90 systems—Requirements, Fourth construction, and installation of Meters (295 Feet) in Length, 2006. edition, dated November 15, 2008. ventilation systems of engine and These standards are applicable to This international standard details fuel tank compartments of boats self-propelled steel vessels under 90 the requirements for quality using gasoline for mechanical meters (295 feet) in length intended management systems. power, propulsion, or auxiliary for unrestricted ocean service, • ISO 14726–2008(E), International generators. ABYC H–22 (2005), except where specifically Standard: Ships and marine Electric Bilge Pump Systems. This mentioned otherwise. technology-Identification colours standard covers the design, The American Society for Quality for the content of piping systems, construction, installation, (ASQ), Quality Press— First edition, dated May 1, 2008. operation, and control of electric • ANSI/ISO/ASQ Q9001–2000, This international standard bilge pump systems on boats. American National Standard: specifies main colors and additional • ABYC H–24 (2007), Gasoline Fuel Quality management systems— colors for identifying piping Systems. This standard covers the Requirements. This standard systems in accordance with the design, choice of materials for, specifies requirements for an content or function on board ships construction, installation, repair, organization’s quality management and marine structures. and maintenance of permanently system. The National Fire Protection installed gasoline fuel systems on FM Approvals— Association (NFPA)— • • boats.’’ FM 6050–1996, Approval Standard NFPA 10, Standard for Portable Fire • ABYC H–25 (2003), Portable for Storage Cabinets (Flammable Extinguishers, 2007 Edition, Gasoline Fuel Systems. This and Combustible Liquids). This effective August 17, 2006. The standard covers the design, standard contains performance and provisions of this standard apply to construction and stowage of construction requirements for the selection, installation, portable tanks with related fuel cabinets designed to provide safe inspection, maintenance, and lines and accessories comprising a and secure storage for flammable testing of portable extinguishing portable gas fuel system for boats. and combustible liquids. equipment. • ABYC H–32 (2004), Ventilation of The International Maritime • NFPA 70, National Electrical Code Boats Using Diesel Fuel. This Organization (IMO)— (NEC), 2002 Edition, effective • standard covers the design, Resolution A.520(13), Code of August 2, 2001. The provisions of construction, and installation of Practice for the Evaluation, Testing this standard apply to the design, ventilation systems of boats using and Acceptance of Prototype Novel modification, construction, diesel fuel only for electrical Life-saving Appliances and inspection, maintenance, and generation, mechanical power, and Arrangements, November 17, 1983. testing of electrical systems/ propulsion. This code prescribes the appliance installations and equipment. • ABYC H–33 (2005), Diesel Fuel and arrangement criteria which • NFPA 302, Fire Protection Standard Systems. This standard covers the should be taken into account and for Pleasure and Commercial Motor design, choice of materials, prototype tests which should be Craft, 1998 Edition. This standard construction, installation, repair, carried out for the evaluation of specifies provisions for fire and maintenance of permanently novel designs for international protection on pleasure and installed diesel fuel systems on acceptance. Resolution A.658(16), commercial motor craft. • boats. Use and Fitting of Retro-Reflective NFPA 306, Standard for the Control • ABYC P–1 (2002), Installation of Materials on Life-saving of Gas Hazards on Vessels, 2014 Exhaust Systems for Propulsion and Appliances, October 19, 1989. This Edition, effective June 17, 2013. Auxiliary Engines. This standard resolution details the requirements This standard describes the covers the design, installation and for use, fitting, and size/type of conditions required before a space selection of materials for exhaust retro-reflective materials on life- can be entered or work can be systems for marine engines of boats. saving appliances. started, continued, or started and • ABYC P–4 (2004), Marine Inboard • Resolution A.688(17), Fire Test continued on any vessel under Engines and Transmissions. This Procedures For Ignitability of construction, alteration, or repair, standard covers the design, Bedding Components, 1991. This or on any vessel awaiting construction, installation, and resolution details the fire test shipbreaking. selection of materials for inboard procedures to determine the • NFPA 750, Standard on Water Mist engines and transmissions on boats. ignitability of bedding components. Fire Protection Systems, 2006 The American Bureau of Shipping • Resolution A.760(18), Symbols Edition, effective February 16, 2006. (ABS)— Related to Life-Saving Appliances This standard contains the • ABS Rules for Building and and Arrangements, November 4, minimum requirements for the Classing Steel Vessels for Service 1993. This resolution details the design, installation, maintenance, on Rivers and Intracoastal requirements for symbols related to and testing of water mist fire

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40099

protection systems. These requirements cover cabinets 46 CFR Part 2 • NFPA 1971, Standard on Protective intended to be used to provide an Marine safety, Reporting and Ensembles for Structural Fire indoor storage area for limited recordkeeping requirements, Vessels. Fighting and Proximity Fire quantities of flammable and Fighting, 2007 Edition, effective combustible liquids in containers in 46 CFR Part 15 August 17, 2006. This standard compliance with specified Reporting and recordkeeping specifies the minimum design, standards. requirements, Seamen, Vessels. performance, testing, and certification requirements for Consistent with 1 CFR part 51 46 CFR Part 136 certain types of fire fighting incorporation-by-reference provisions, Incorporation by reference, Reporting protective ensembles and ensemble this material is reasonably available. and recordkeeping requirements, elements that include coats, Interested persons have access to it Towing vessels. trousers, coveralls, helmets, gloves, through their normal course of business, 46 CFR Part 137 footwear, and interface may purchase it from sources listed in components. 46 CFR 136.112, or may view a copy by Marine safety, Reporting and The Society of Automotive Engineers the means we have identified in the recordkeeping requirements, Towing vessels. (SAE)— ADDRESSES section. Section 136.112 also • ANSI/SAE Z 26.1–1996, American identifies the sections that reference 46 CFR Part 138 National Standard for Safety these standards. Glazing Materials for Glazing Motor Incorporation by reference, Marine Vehicles and Motor Vehicle M. Environment safety, Reporting and recordkeeping Equipment Operating on Land requirements, Towing vessels. We have analyzed this final rule Highways—Safety Standard. This 46 CFR Part 139 standard provides specifications under Department of Homeland and methods of testing for safety Security Management Directive 023–01 Incorporation by reference, Reporting glazing material used for and Commandant Instruction and recordkeeping requirements, windshields, windows, and M16475.lD, which guide the Coast Towing vessels. partitions of land and marine Guard in complying with the National 46 CFR Part 140 vehicles and aircraft. Environmental Policy Act of 1969, 42 Incorporation by reference, Marine • SAE J1475–Revised JUN96— U.S.C. 4321–4370f, and have concluded safety, Occupational health and safety, Hydraulic Hose Fitting for Marine that this action is one of a category of Penalties, Reporting and recordkeeping Applications, revised June 1996. actions that do not individually or requirements, Towing vessels. This standard covers general and cumulatively have a significant effect on performance specifications for the human environment. A final 46 CFR Part 141 certain hydraulic hose fittings used environmental analysis checklist and Incorporation by reference, Marine in conjunction with nonmetallic categorical exclusion determination safety, Occupational health and safety, flexible hoses for marine supporting this determination are Reporting and recordkeeping applications. available in the docket where indicated • requirements, Towing vessels. SAE J1942–Revised APR2007— under the ADDRESSES section of this 46 CFR Part 142 Hose and Hose Assemblies for preamble. This final rule involves Marine Applications, revised April regulations that are procedural; Fire prevention, Incorporation by 2007. This standard covers specific regulations concerning the training of reference, Marine safety, Reporting and requirements for several styles of maritime personnel; regulations recordkeeping requirements, Towing hose and/or hose assemblies in concerning manning, documentation, vessels. systems on board commercial inspection and equipping of vessels; vessels inspected and certificated 46 CFR Part 143 regulations concerning equipment by the U.S. Coast Guard. Hazardous materials transportation, approval and carriage requirements; UL (formerly Underwriters Laboratories, Incorporation by reference, Marine regulations concerning vessel operation Inc.)— safety, Reporting and recordkeeping • UL 217, Standard for Safety for safety standards; and Congressionally requirements, Towing vessels. Single and Multiple Station Smoke mandated regulations designed to Alarms, Sixth Edition, dated August improve or protect the environment. 46 CFR Part 144 25, 2006. Along with other types of This action falls under section 2.B.2, Cargo vessels, Incorporation by smoke alarms used in different figure 2–1, paragraphs (34)(a), (c), (d), reference, Marine safety, Oil and gas settings, this standard specifies and (e) of the Commandant Instruction exploration, Passenger vessels, requirements for smoke alarms M16475.lD, and under section 6(a) and Reporting and recordkeeping intended for use in recreational (b) of the ‘‘Appendix to National requirements, Towing vessels. Environmental Policy Act: Coast Guard boats. 46 CFR Part 199 • UL 1104, Standard for Safety for Procedures for Categorical Exclusions, Marine Navigation Lights, Second Notice of Final Agency Policy’’ (67 FR Cargo vessels, Marine safety, Oil and Edition, dated October 29, 1998. 48243, July 23, 2002). gas exploration, Passenger vessels, These requirements cover marine Reporting and recordkeeping navigation light fixtures intended List of Subjects requirements. for use in accordance with the 46 CFR Part 1 For the reasons discussed in the applicable U. S. Coast Guard preamble, the Coast Guard amends 46 regulations. Administrative practice and CFR parts 1, 2, 15, and 199 and adds 46 • UL 1275, Standard for Safety for procedure, Organization and functions CFR subchapter M, consisting of parts Flammable Liquid Storage Cabinets, (Government agencies), Reporting and 136, 137, 138, 139, 140, 141, 142, 143, Third Edition, dated June 30, 2005. recordkeeping requirements. and 144 as follows:

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40100 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

46 CFR CHAPTER I add, in its place, the words ‘‘or, if the ‘‘alongside’’, add the phrase ‘‘, that has vessel is a towing vessel, as provided in been issued a Certificate of Inspection PART 1—ORGANIZATION, GENERAL paragraph (b) of this section.’’; under the provisions of subchapter I of COURSE AND METHODS GOVERNING ■ b. Redesignate paragraph (b) as this chapter’’. MARINE SAFETY FUNCTIONS paragraph (c); ■ c. Add new paragraph (b) and PART 15—MANNING REQUIREMENTS ■ 1. The authority citation for part 1 is paragraph (c)(7) to newly redesignated ■ revised to read as follows: paragraph (c). 6. The authority citation for part 15 is Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 The addition reads as follows: revised to read as follows: U.S.C. 7701; 46 U.S.C. Chapter 93; Secs. 101, Authority: 46 U.S.C. 2101, 2103, 3306, 888, and 1512, Pub. L. 107–296, 116 Stat. § 2.01–7 Classes of vessels (including 3703, 8101, 8102, 8103, 8104, 8105, 8301, 2135; Department of Homeland Security motorboats) examined or inspected and 8304, 8502, 8503, 8701, 8702, 8901, 8902, Delegation No. 0170.1; § 1.01–35 also issued certificated. 8903, 8904, 8905(b), 8906 and 9102; sec. 617, under the authority of 44 U.S.C. 3507; and * * * * * Pub. L. 111–281, 124 Stat. 2905; and § 1.03–55 also issued under the authority of (b)(1) A U.S.-flag towing vessel is Department of Homeland Security Delegation 46 U.S.C. 3306(j). subject to inspection and certifying No. 0170.1. ■ 2. Add § 1.03–55 to read as follows: regulations in subchapter M of this § 15.501 [Amended] chapter except: § 1.03–55 Appeals from decisions or (i) A vessel less than 26 feet (7.92 ■ 7. Amend § 15.501(b) by removing the actions under subchapter M of this chapter. meters) in length measured from end to word ‘‘Emergency’’ and adding, in its (a) Any person directly affected by a end over the deck (excluding the sheer), place, the lower case word decision or action by a classification unless that vessel is pushing, pulling, or ‘‘emergency’’. ■ society or a third-party organization hauling a barge that is carrying oil or 8. Revise § 15.505 to read as follows: performing a survey under subchapter hazardous material in bulk; § 15.505 Changes in the certificate of M of this chapter may, after requesting (ii) A vessel engaged in one or more inspection. reconsideration of the decision or action of the following: All requests for changes in manning by the classification society or third- (A) Assistance towing as defined in as indicated on the COI must be sent party organization, make a formal § 136.110 of this chapter; to— appeal to the cognizant OCMI. (B) Towing recreational vessels for (a) The Officer in Charge, Marine (b) Any person directly affected by a salvage; or Inspection (OCMI) who last issued the decision or action by a classification (C) Transporting or assisting the COI; or society or a third-party organization navigation of recreational vessels within (b) The OCMI conducting the performing an audit under subchapter and between marinas and marina inspection, if the request is made in M of this chapter may, after requesting facilities, within a limited geographic conjunction with an inspection for reconsideration of the decision or action area, as determined by the local Captain certification. by the classification society or third- of the Port; party organization, make a formal (iii) A workboat operating exclusively § 15.510 [Amended] appeal to the District Commander of the within a worksite and performing ■ 9. Amend § 15.510 by removing the district in which the audit was intermittent towing within the worksite; word ‘‘therefrom’’. performed. (iv) A seagoing towing vessel of 300 ■ 10. Add § 15.535 to read as follows: (c) Any third-party organization or gross tons or more subject to the person from a third-party organization provisions of subchapter I of this § 15.535 Towing vessels. directly affected by a decision or action chapter; (a) Applicability. Except as provided of the Coast Guard Towing Vessel (v) A vessel inspected under other in this paragraph (a), the requirements National Center of Expertise (TVNCOE) subchapters of this chapter that may in this section apply to a towing vessel may submit a formal appeal to perform occasional towing; subject to subchapter M of this chapter. Commandant (CG–CVC) for appeals of (vi) A public vessel as defined in 46 Vessels subject to this section must also decisions by the TVNCOE related to U.S.C. 2101; meet the requirements in § 15.515(c). A subchapter M of this chapter. (vii) A vessel which has surrendered towing vessel at least 8 meters (26 feet) (d) Any person directly affected by a its Certificate of Inspection and is laid in length, measured from end to end decision or action by an OCMI or up, dismantled, or otherwise out of over the deck (excluding sheer), that is District Commander may make a formal service; and not subject to subchapter M must meet appeal pursuant to § 1.03–20 or § 1.03– (viii) A propulsion unit used for the the requirements in paragraph (b) of this 25, respectively. purpose of propelling or controlling the section if it is— direction of a barge where the unit is (1) A seagoing towing vessel of 300 PART 2—VESSEL INSPECTIONS controlled from the barge, is not gross tons or more subject to the normally manned, and is not utilized as provisions of subchapter I of this ■ 3. The authority citation for part 2 an independent vessel. chapter; continues to read as follows: (2) A towing vessel not subject to (2) A vessel inspected under other Authority: Sec. 622, Pub. L. 111–281; 33 subchapter M of this chapter should subchapters of this chapter that may U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, refer to table 2.01–7 of this section. perform occasional towing; or 2110, 3306, 3703; E.O. 12234, 45 FR 58801, (c) * * * (3) A public vessel as defined in 46 3 CFR, 1980 Comp., p. 277, sec. 1–105; (7) For towing vessels, see part 136 of U.S.C. 2101. Department of Homeland Security Delegation subchapter M of this chapter. (b) Towing vessels 8 meters or more in No. 0170.1(II)(77), (90), (92)(a), (92)(b). length. Every towing vessel of at least 8 ■ 4. Amend § 2.01–7 as follows: § 2.10–25 [Amended] meters (26 feet) in length, measured ■ a. In paragraph (a) introductory text, ■ 5. In § 2.10–25, in the definition of from end to end over the deck before the word ‘‘as’’, add the word ‘‘Sea-going towing vessel’’, after the (excluding sheer), must be under the ‘‘either’’; and remove the colon, and second occurrence of the word direction and control of a person

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40101

holding a MMC endorsed as master or § 15.610 Master and mate (pilot) of 136.200 Certificate required. mate (pilot) of towing vessels or as uninspected towing vessels. 136.202 Certificate of Inspection phase-in master or mate of vessels of greater than (a) The requirements in this section period. 200 gross register tons, holding a apply to towing vessels, except for— 136.205 Description. 136.210 Obtaining or renewing a COI. completed Towing Officer Assessment (1) Towing vessels that are subject to 136.212 Inspection for certification. Record signed by a designated examiner subchapter M in accordance with 136.215 Period of validity. indicating that the officer is proficient § 136.105 of this chapter; 136.220 Posting. in the operation of towing vessels upon (2) Towing vessels that are seagoing 136.230 Routes permitted. the appropriate route. and 300 gross or more tons subject to 136.235 Certificate of Inspection (c) Towing Vessels of Any Length on the provisions of subchapter I of this amendment. the Lower Mississippi River. In addition chapter; 136.240 Permit to proceed. 136.245 Permit to carry an excursion party to the requirements of paragraph (b) of (3) Towing vessels that are inspected under other subchapters of this chapter or temporary extension or alteration of this section, any towing vessel operating route. in the pilotage waters of the Lower that may perform occasional towing; 136.250 Load lines. Mississippi River must be under the and control of an officer who holds either a (4) Towing vessels that are public Authority: 46 U.S.C. 3103, 3301, 3306, first-class pilot’s endorsement for that vessels as defined in 46 U.S.C. 2101. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS route, or MMC officer endorsement for * * * * * Delegation 0170.1. the Western Rivers, or who meets the § 15.815 [Amended] Subpart A—General requirements of either paragraph (c)(1) ■ or (2) of this section, as applicable. 12. In § 15.815(c), remove the word § 136.100 Purpose. ‘‘uninspected’’. (1) Moving tank or hazardous material This part sets out the applicability for ■ 13. Add 46 CFR subchapter M, barges. To operate a towing vessel with this subchapter and describes the comprised of parts 136, 137, 138, 139, tank barges or a tow of barges carrying requirements for obtaining and 140, 141, 142, 143, and 144, to read as hazardous material regulated under renewing a Certificate of Inspection follows: subchapter N or O of this chapter, the (COI). officer in charge of the towing vessel SUBCHAPTER M—Towing Vessels must have completed at least 12 round § 136.105 Applicability. trips over this route as an observer, with PART 136—CERTIFICATION (a) This subchapter is applicable to all at least 3 of those trips during hours of U.S.-flag towing vessels as defined in darkness, and must provide evidence to PART 137—VESSEL COMPLIANCE § 136.110 engaged in pushing, pulling, the Coast Guard upon request that at or hauling alongside, except— least 1 of the 12 round trips occurred PART 138—TOWING SAFETY (1) A vessel less than 26 feet (7.92 within the last 5 years. MANAGEMENT SYSTEM (TSMS) meters) in length measured from end to end over the deck (excluding the sheer), (2) Moving uninspected barges or no unless that vessel is pushing, pulling, or barges. To operate a towing vessel PART 139—THIRD–PARTY hauling a barge that is carrying oil or without barges or a tow of uninspected ORGANIZATIONS hazardous material in bulk; barges, the officer in charge of the (2) A vessel engaged in one or more towing vessel must have completed at PART 140—OPERATIONS of the following: least 4 round trips over this route as an (i) Assistance towing as defined in observer, with at least 1 of those trips PART 141—LIFESAVING § 136.110; during hours of darkness, and must (ii) Towing recreational vessels for provide evidence to the Coast Guard PART 142—FIRE PROTECTION salvage; or upon request that at least 1 of the 4 (iii) Transporting or assisting the round trips occurred within the last 5 PART 143—MACHINERY AND navigation of recreational vessels within years. ELECTRICAL SYSTEMS AND EQUIPMENT and between marinas and marina ■ 11. Amend § 15.610 as follows: facilities, within a limited geographic ■ a. Revise the section heading; PART 144—CONSTRUCTION AND area, as determined by the local Captain of the Port (COTP); ■ b. Redesignate paragraphs (a) and (b) ARRANGEMENT (3) A workboat operating exclusively as paragraphs (b) and (c), respectively; PART 136—CERTIFICATION within a worksite and performing ■ c. Add new paragraph (a); and intermittent towing within the worksite; ■ d. In newly redesignated paragraph (4) A seagoing towing vessel of 300 Sec. (c): Subpart A—General gross tons or more subject to the ■ i. Remove the reference ‘‘paragraph 136.100 Purpose. provisions of subchapter I of this (a)’’ wherever it appears, and add, in 136.105 Applicability. chapter; each place, the reference ‘‘paragraph 136.110 Definitions. (5) A vessel inspected under other (b)’’; 136.112 Incorporation by reference. subchapters of this chapter that may 136.115 Equivalents. perform occasional towing; ■ ii. Remove the reference ‘‘paragraphs 136.120 Special consideration. (6) A public vessel as defined in 46 (b)(1) or (b)(2)’’ and add, in its place, the 136.130 Options for documenting U.S.C. 2101; reference ‘‘paragraph (c)(1) or (2)’’; and compliance to obtain a Certificate of (7) A vessel that has surrendered its ■ iii. In paragraphs (c)(1) and (2), add Inspection. 136.172 Temporary compliance for existing COI and is laid up, dismantled, or the words ‘‘to the Coast Guard’’ otherwise out of service; and immediately after the word ‘‘evidence’’. towing vessels. 136.175 Approved equipment. (8) A propulsion unit used for the The revision and additions read as 136.180 Appeals. purpose of propelling or controlling the follows: Subpart B—Certificate of Inspection direction of a barge where the unit is

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40102 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

controlled from the barge, is not (2) The audit may be limited to the or any other vessel not regularly normally manned, and is not utilized as random selection of a representative operated under its own power. an independent vessel. sampling throughout the system that Downstreaming means a procedure in (b) [Reserved] presents the auditor with sufficient, which a towing vessel moves objective evidence of system downstream with the current in order to § 136.110 Definitions. compliance. approach and land squarely on another As used in this subchapter: Authorized classification society object, such as a fleet, a dock, or another ABS Rules means the standards means a recognized classification tow. developed and published by the society that has been delegated the Drydock examination means hauling American Bureau of Shipping regarding authority to conduct certain functions out a vessel or placing a vessel in a the design, construction and and certifications on behalf of the Coast drydock or slipway for an examination certification of commercial vessels. Guard. of all accessible parts of the vessel’s Accommodation space means any: Berthing space means a space that is underwater body and of all through-hull (1) Messroom; intended to be used for sleeping, and is fittings and appurtenances. (2) Lounge; (3) Sitting area; provided with installed bunks and Electronic position fixing device (4) Recreation room; bedding. means a navigation receiver that meets (5) Quarters; Bollard pull means the maximum the requirements of 33 CFR 164.41. (6) Toilet space; static pulling force that a towing vessel Engine room means the enclosed (7) Shower room; can exert on another vessel or on an space where any main-propulsion (8) Galley; object when its propulsion engines are engine is located. It comprises all deck (9) Berthing space; applying thrust at maximum levels within that space. (10) Clothing-changing room; or horsepower. Essential system means a system that (11) A similar space open to Change in ownership means any is required to ensure a vessel’s individuals. change resulting in a change in the day- survivability, maintain safe operation, Anniversary date means the day and to-day operational control of a third- control the vessel, or to ensure safety of the month of each year that corresponds party organization (TPO) that conducts onboard personnel, including: to the date of expiration on the COI or audits and surveys, or a change that (1) Systems for: Towing Safety Management System results in a new entity holding more (i) Detection or suppression of fire; (TSMS) Certificate. than 50 percent of the ownership of the (ii) Emergency dewatering or ballast Approval series means the first six TPO. management; digits of a number assigned by the Coast Class Rules means the standards (iii) Navigation; Guard to approved equipment. Where developed and published by a (iv) Internal and external approval is based on a subpart of 46 classification society regarding the communication; CFR chapter I, subchapter Q, the design, construction, and certification of (v) Vessel control, including approval series corresponds to the commercial vessels. propulsion, steering, maneuverability number of the subpart. A list of Coastwise means a route that is not and their vital auxiliaries; approved equipment, including all of more than 20 nautical miles offshore on: (vi) Emergency evacuation and the approval series, is available at (1) Any ocean; abandonment; http://cgmix.uscg.mil/Equipment/ (2) The Gulf of Mexico; (vii) Lifesaving; and EquipmentSearch.aspx. (3) The Caribbean Sea; (viii) Control of a tow; Assistance towing means towing a (4) The Bering Sea; (2) Any critical system identified in a disabled vessel for consideration as (5) The Gulf of Alaska; or SMS compliant with the International defined in 46 U.S.C. 2101. (6) Such other similar waters as may Safety Management (ISM) Code Audit means a systematic, be designated by a Coast Guard District requirements of 33 CFR part 96; and independent, and documented Commander. (3) Any other marine engineering examination to determine whether Cold water means water where the system identified in an approved TSMS activities and related results comply monthly mean low water temperature is or identified by the cognizant Officer in with a vessel’s TSMS, or with another normally 15 degrees Celsius (59 degrees Charge, Marine Inspection (OCMI) as applicable Safety Management System Fahrenheit) or less. essential to the vessel’s survival, ability (SMS), and whether these planned Commandant means the Commandant to maintain safe operation, ability to arrangements are implemented suitably of the U.S. Coast Guard or an authorized control the vessel, or to ensure the to achieve stated objectives. This representative of the Commandant of safety of onboard personnel. examination includes a thorough review the U.S. Coast Guard. Excepted vessel means a towing of appropriate reports, documents, Conflict of interest means a conflict vessel that is subject to this subchapter records, and other objective evidence to between an individual’s or an but is excepted from certain provisions verify compliance with applicable organization’s private interests and the contained within this subchapter. An requirements. interests of another party they are excepted vessel is: (1) The audit may include, but is not providing a service to or for, including (1) Used solely: limited to: when acting in a capacity which serves (i) Within a limited geographic area, (i) Examining records; the public good. as defined in this section; (ii) Asking responsible persons how Crewmember means crewmember as (ii) For harbor-assist, as defined in they accomplish their assigned duties; defined in 46 CFR 16.105. this section; or (iii) Observing persons performing Deficiency means a failure to meet the (iii) For response to an emergency or specific tasks within their assigned minimum requirements of the vessel a pollution event; or duties; inspection laws or regulations. (2) Excepted by the cognizant OCMI (iv) Examining equipment to ensure Disabled vessel means a vessel that for purposes of some or all of the proper maintenance and operation; and needs assistance, whether docked, requirements in §§ 142.315 through (v) Checking training records and moored, anchored, aground, adrift, or 142.330, 143.235, 143.265, and subpart work environments. under way, but does not mean a barge C of part 143 of this subchapter, based

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40103

on consideration of those requirements thresholds expressed in terms of gross (4) Such other similar waters as may and on reasons submitted by the vessel tons. be designated by the cognizant Coast owner or managing operator as to why Harbor of safe refuge means a port, Guard District Commander. the vessel does not need to meet these inlet, or other body of water normally Length means the horizontal distance requirements for the safe operation of sheltered from heavy seas by land, and measured from end to end over the the vessel. in which a vessel can navigate and deck, excluding the sheer. Fittings and Excursion party means a temporary safely moor. The suitability of a location attachments are not included in the operation not permitted by the vessel’s as a harbor of safe refuge will be length measurement. COI. It is typically recreational in nature determined by the cognizant OCMI, and Length between perpendiculars or and 1 day or less in duration. varies for each vessel, dependent on the LBP means the horizontal distance Existing towing vessel means a towing vessel’s size, maneuverability, and measured between perpendiculars taken vessel, subject to inspection under this mooring gear. at the forward-most and after-most subchapter, that is not a new towing Harbor-assist means the use of a points on the waterline corresponding vessel, as defined in this section. towing vessel during maneuvers to to the deepest operating draft. For a External audit means an audit dock, undock, moor, or unmoor a vessel, vessel that has underwater projections conducted by a party with no direct or to escort a vessel with limited extending forward of the forward-most affiliation to the vessel, owner, or maneuverability. point or aft of the after-most point on managing operator being audited. Horsepower means the horsepower the deepest waterline of the vessel, the External survey program means a stated on the vessel’s COI, which is the Commanding Officer, U.S. Coast Guard survey program conducted by a party sum of the manufacturer’s listed brake Marine Safety Center, may include the with no direct affiliation to the vessel, horsepower for all installed propulsion length or a portion of the length of the owner, or managing operator being engines. underwater projections in the value surveyed. Inland waters means the navigable used in the LBP for the purposes of this Fixed fire-extinguishing system waters of the United States shoreward of subchapter. The length, or a portion of means: the Boundary Lines as described in 46 the length, of projections that contribute (1) A carbon dioxide system that CFR part 7, excluding the Great Lakes more than 2 percent of the underwater meets the requirements of 46 CFR and, for towing vessels, excluding the volume of the vessel is normally added subpart 76.15 and 46 CFR 78.47–9 and Western Rivers. to the actual LBP. 78.47–11, and that is approved by the Internal Audit means an audit that is Limited coastwise means a route that Commandant; conducted by a party that has a direct is not more than 20 nautical miles from (2) A clean agent system that satisfies a harbor of safe refuge, as defined in this the requirements in 46 CFR subpart affiliation to the vessel, owner, or managing operator being audited. section. 95.16 and in 46 CFR 97.37–9, and is Limited geographic area means a local approved by the Commandant; or Internal survey program means a survey program that is conducted by a area of operation as determined by the (3) A manually operated, water mist local COTP. This area is usually within system that satisfies NFPA 750 party which has a direct affiliation to the vessel, owner, or managing operator a single harbor or port. (incorporated by reference, see Machinery space means any enclosed being surveyed. § 136.112) and is approved by the space that either contains an installed International voyage means a voyage Commandant. internal combustion engine, machinery, between a country to which the Fleeting area means a limited or systems that would raise the ambient International Convention for Safety of geographic area, as determined by the temperature above 45 degrees Celsius Life at Sea, 1974, as amended (SOLAS) local COTP, where individual barges are (113 degrees Fahrenheit) in all applies and a port outside that country. moored or assembled to make a tow. environments the vessel operates in. These barges are not in transport, but A country, as used in this definition, Major conversion means a conversion are temporarily marshaled and waiting includes every territory for the of a vessel that: for pickup by different towing vessels international relations of which a (1) Substantially changes the that will transport them to various contracting government to the dimensions or carrying capacity of the destinations. Convention is responsible or for which vessel; Galley means a space containing the United Nations is the administering (2) Changes the type of the vessel; appliances with cooking surfaces that authority. For the United States, the (3) Substantially prolongs the life of may exceed 121 degrees Celsius (250 term ‘‘territory’’ includes the the vessel; or degrees Fahrenheit) such as ovens, Commonwealth of Puerto Rico, all (4) Otherwise so changes the vessel griddles, and deep fat fryers. possessions of the United States, and all that it is essentially a new vessel, as Great Lakes means a route on the lands held by the United States under determined by the Commandant. waters of any of the Great Lakes and of a protectorate or mandate. For the Major non-conformity means a non- the St. Lawrence River as far east as a purposes of this subchapter, vessels are conformity that poses a serious threat to straight line drawn from Cap de Rosiers not considered as being on an personnel, vessel safety, or the to West Point, Anticosti Island, and ‘‘international voyage’’ when solely environment, and requires immediate west of a line along the 63rd meridian navigating the Great Lakes and the St. corrective action. from Anticosti Island to the north shore Lawrence River as far east as a straight Managing operator means an of the St. Lawrence River. line drawn from Cap des Rosiers to West organization or person, such as the Gross tons means the gross ton Point, Anticosti Island and, on the north manager or the bareboat charterer of a measurement of the vessel under 46 side of Anticosti Island, the 63rd vessel, who has assumed the U.S.C. Chapter 145, Regulatory meridian. responsibility for operation of the vessel Measurement. For a vessel measured Lakes, bays, and sounds means a from the vessel owner and who, on under only 46 U.S.C. Chapter 143, route on any of the following waters: assuming responsibility, has agreed to Convention Measurement, the vessel’s (1) A lake other than the Great Lakes. take over all the duties and gross tonnage measured under 46 U.S.C. (2) A bay. responsibilities imposed by this Chapter 143 is used to apply all (3) A sound. subchapter.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40104 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Nationally recognized testing Officer in charge of a (or the) recognized by the Coast Guard in laboratory or NRTL means an navigational watch means the same as accordance with part 8 of this chapter. organization that the Occupational in 46 CFR 10.107. Replacement in kind means Safety and Health Administration Oil or hazardous material in bulk, as replacement of equipment or (OSHA) has recognized as meeting the used in this subchapter, means that the components that have the same requirements in 29 CFR 1910.7. These towing vessel tows, pushes, or hauls technical specifications as the original requirements are for the capability, alongside a tank barge or barges item and provide the same service. If the control programs, complete certificated to carry cargoes under replacement item upgrades the system independence, and reporting and subchapters D or O of this chapter. in any way, the change is not a complaint-handling procedures to test Operating station means a steering replacement in kind. and certify specific types of products for station on the vessel, or the barge being Rescue boat means a boat designed to workplace safety. This means, in part, towed or pushed, from which the vessel rescue persons in distress and to that an organization must have the is normally navigated. marshal survival craft. necessary capability both as a product Owner means the owner of a vessel, Rivers means a route on any river, safety testing laboratory and as a as identified on the vessel’s certificate of canal, or other similar body of water product certification body to receive documentation or state registration. designated by the cognizant OCMI. OSHA recognition as an NRTL. Persons in addition to the crew mean Safety Management System or SMS New towing vessel means a towing any people onboard the vessel, means a structured and documented vessel, subject to inspection under this including passengers, who are not a system that enables personnel involved subchapter, that: crewmember. in vessel operations or management, as (1) Had its keel laid or was at a similar Policy means a specific statement of identified in the SMS, to effectively stage of construction on or after July 20, principles or a guiding philosophy that implement the safety and environmental 2017; or demonstrates a clear commitment by protection requirements of this (2) Underwent a major conversion management, or a statement of values or subchapter, and is routinely exercised that was initiated on or after July 20, intentions that provide a basis for and audited. 2017. consistent decision making. Skiff means a small auxiliary boat Non-conformity means a situation Power and lighting circuit means a carried on board a towing vessel. where objective evidence indicates that branch circuit as defined in Article 100 Survey means an examination of the a specified SMS requirement is not of NFPA’s National Electrical Code vessel, including its systems and fulfilled. (NEC) (incorporated by reference, see equipment, to verify compliance with Objective evidence means quantitative § 136.112) that serves any essential applicable regulations, statutes, or qualitative information, records, or system, distribution panel, lighting, conventions, and treaties. statements of fact pertaining to safety or motor or motor group, or group of Terminal gear means the additional to the existence and implementation of receptacles. Where multiple loads are equipment or appurtenances at either an SMS element, which is based on served, the circuit is considered to be end of the hawser or tow cable that observation, measurement, or testing the conductor run that will carry the connects the towing vessel and its tow that can be verified. This may include, current common to all the loads. ‘‘Power together. Terminal gear may include but is not limited to, towing gear limited circuit’’ conductors under such items as winches, thimbles, equipment certificates and maintenance Article 725 of the NEC and chafing gear, shackles, pendants, or documents, training records, repair ‘‘instrumentation’’ conductors under bridles. records, Coast Guard documents and Article 727 of the NEC are not Third-party organization or TPO certificates, surveys, classification considered to be power and lighting means an organization approved by the society reports, or TPO records. circuits. Coast Guard to conduct independent Oceans means a route that is more Pressure vessel, fired or unfired, verifications to assess whether towing than 20 nautical miles offshore on any means a closed tank or cylinder vessels or their TSMSs comply with of the following waters: containing gas, vapor, or liquid, or a applicable requirements contained in (1) Any ocean. combination thereof, under pressure this subchapter. (2) The Gulf of Mexico. greater than atmospheric pressure. Tow means the barge(s), vessel(s), or (3) The Caribbean Sea. Procedure means a specification of a object(s) being pulled, pushed, or (4) The Bering Sea. series of actions or operations that must hauled alongside a towing vessel. (5) The Gulf of Alaska. be executed in the same manner in Towing vessel means a commercial (6) Such other similar waters as may order to uniformly comply with vessel engaged in or intending to engage be designated by the cognizant Coast applicable policies. in the service of pulling, pushing, or Guard District Commander. Protected waters means sheltered hauling alongside, or any combination Officer in Charge, Marine Inspection waters presenting no special hazards, of pulling, pushing, or hauling or OCMI means an officer of the Coast such as most rivers, harbors, and lakes, alongside. Guard designated as such by the Coast and that is not determined to be Towing Safety Management System or Guard and who, under the direction of exposed waters or partially protected TSMS means an SMS for a towing vessel the Coast Guard District Commander, is waters by the cognizant OCMI. as described in part 138 of this in charge of a marine inspection zone, Propulsor means a device (e.g., subchapter. described in 33 CFR part 3, for the propeller or water jet) that imparts force Towing vessel record or TVR means a performance of duties with respect to to a column of water in order to propel book, notebook, or electronic record the inspection, enforcement, and a vessel, together with any equipment used to document events as required by administration of vessel safety and necessary to transmit the power from this subchapter. navigation laws and regulations. The the propulsion machinery to the device Unsafe condition means a major non- ‘‘cognizant OCMI’’ is the OCMI who has (shafting, gearing, etc.). conformity observed on board a vessel, immediate jurisdiction over a vessel for Recognized classification society or an incident that would cause the the purpose of performing these duties. means a classification society owner or managing operator to request

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40105

a permit to proceed from the Coast information on the availability of this (1) ANSI/ISO/ASQ Q9001–2000, Guard. material at NARA, call 202–741–6030 or Quality management systems— Unsafe practice means a habitual or go to: http://www.archives.gov/federal_ Requirements, approved December 13, customary action or method, or a single register/code_of_federalregulations/ibr_ 2000, IBR approved for §§ 138.310(d), action, that creates a significant risk of locations.html. 139.120(d) and 139.130(b) of this harm to life, property, or the marine (b) American Boat and Yacht Council subchapter. environment, or that contravenes a (ABYC), 613 Third Street, Suite 10, (2) [Reserved] recognized standard of care contained in Annapolis, MD 21403, 410–990–4460, (e) FM Approvals, P.O. Box 9102, law; regulation; applicable international http://www.abycinc.org/. Norwood, MA 02062, 781–440–8000, convention; or international, national, (1) E–11 (2003)—AC and DC Electrical http://www.fmglobal.com/. or industry consensus standard. Systems on Boats, dated July 2003, IBR (1) Approval Standard for Storage Warm water means water where the approved for § 143.520(a) of this Cabinets (Flammable and Combustible monthly mean low water temperature is subchapter. liquids), Class Number 6050 (Standard normally more than 15 degrees Celsius (2) H–2 (2000)—Ventilation of Boats 6050), dated December 1996, IBR (59 degrees Fahrenheit). Using Gasoline, dated July 2000, IBR approved for § 142.225(c) of this Western Rivers means the Mississippi approved for § 143.520(a) of this subchapter. River, its tributaries, South Pass, and subchapter. (2) [Reserved] Southwest Pass, to the navigational (3) H–22 (2005)—Electric Bilge Pump (f) International Maritime demarcation lines dividing the high seas Systems, dated July 2005, IBR approved Organization (IMO), Publications from harbors, rivers, and other inland for § 143.520(a) of this subchapter. Section, 4 Albert Embankment, London waters of the United States, and the Port (4) H–24 (2007)—Gasoline Fuel SE1 7SR, United Kingdom, +44 (0)20 Allen-Morgan City Alternate Route, and Systems, dated July 2007, IBR approved 7735 7611, http://www.imo.org/. that part of the Atchafalaya River above for § 143.520(a) of this subchapter. (1) Resolution A.520(13)—Code of its junction with the Port Allen-Morgan (5) H–25 (2003)—Portable Gasoline Practice for the Evaluation, Testing and City Alternate Route including the Old Fuel Systems, reaffirmed July 2003, IBR Acceptance of Prototype Novel Life- River and the Red River, and those approved for §§ 143.265(b) and saving Appliances and Arrangements, waters specified in 33 CFR 89.25 and 143.520(a) of this subchapter. adopted November 17, 1983, IBR 89.27, and such other, similar waters as (6) H–32 (2004)—Ventilation of Boats approved for § 141.225(c) of this are designated by the COTP. Using Diesel Fuel, dated July 2004, IBR subchapter. Workboat means a vessel that pushes, approved for § 143.520(a) of this (2) Resolution A.658(16)—Use and pulls, or hauls alongside within a subchapter. Fitting of Retro-Reflective Materials on worksite. Life-saving Appliances, adopted Worksite means an area specified by (7) H–33 (2005)—Diesel Fuel Systems, October 19, 1989, IBR approved for the cognizant OCMI within which dated July 2005, IBR approved for § 141.340(f) of this subchapter. workboats are operated over short §§ 143.265(e) and 143.520(a) of this distances for moving equipment in subchapter. (3) Resolution A.688(17)—Fire Test support of dredging, construction, (8) P–1 (2002)—Installation of Procedures For Ignitability of Bedding maintenance, or repair work. A worksite Exhaust Systems for Propulsion and Components, adopted November 6, may include shipyards, owner’s yards, Auxiliary Engines, dated July 2002, IBR 1991, IBR approved for § 144.430(b) of or lay-down areas used by marine approved for §§ 143.520(a) and 144.415 this subchapter. construction projects. This definition of this subchapter. (4) Resolution A.760(18)—Symbols does not include the movement of (9) P–4 (2004)—Marine Inboard Related to Life-Saving Appliances and barges carrying oil or hazardous Engines and Transmissions, dated July Arrangements, adopted November 4, material in bulk. 2004, IBR approved for § 143.520(a) of 1993, IBR approved for § 141.340(h) of Work space means any area on the this subchapter. this subchapter. vessel where the crew may be present (c) American Bureau of Shipping (5) International Convention for the while on duty and performing their (ABS), ABS Plaza, 16855 Northchase Safety of Life at Sea, 1974, as amended assigned tasks. Drive, Houston, TX 77060, 281–877– (SOLAS), Consolidated Edition 5800, http://www.eagle.org. (including Erratum), 2009, IBR § 136.112 Incorporation by reference. (1) Rules for Building and Classing approved for §§ 136.115(b), 141.105(b) (a) Certain material is incorporated by Steel Vessels for Service on Rivers and and (c), and 142.205(a) of this reference into this subchapter with the Intracoastal Waterways, 2007, IBR subchapter. approval of the Director of the Federal approved for §§ 143.515(a), 143.540(b), (g) International Organization for Register under 5 U.S.C 552(a) and 1 CFR 143.550(a), 143.580(b), and 144.205(a) of Standardization (ISO), Case Postal 56, part 51. To enforce any edition other this subchapter. CH–1211 Geneva 20, Switzerland, +41 than that specified in this section, the (2) Rules for Building and Classing 22 749 01 11, http://www.iso.org/. Coast Guard must publish a document Steel Vessels Under 90 Meters (295 (1) ISO 9001:2008(E)—International in the Federal Register and the material Feet) in Length, 2006, including Standard: Quality management must be available to the public. All Supplement to Part 1 (dated January 1, systems—Requirements, Fourth edition, approved material is available for 2008) and Corrigenda Notices 1 to 13 (in dated November 15, 2008 (corrected inspection at the U.S. Coast Guard, effect as of July 1, 2010), IBR approved version dated July 15, 2009), IBR Office of Design and Engineering for §§ 143.515(a), 143.540(a), 143.545(b), approved for §§ 138.310(d) and Standards (CG–ENG), 2703 Martin 143.550(a), 143.555(b), 143.580(a), 139.130(b) of this subchapter. Luther King Jr. Avenue SE., Stop 7509, 143.600, and 144.205(a) of this (2) ISO 14726:2008(E)—International Washington, DC 20593–7509, and is subchapter. Standard: Ships and marine technology- available from the sources listed below. (d) American Society for Quality Identification colours for the content of It is also available for inspection at the (ASQ), Quality Press, P.O. Box 3005, piping systems, First edition, dated May National Archives and Records Milwaukee, WI 53201–3005, 800–248– 1, 2008, IBR approved for § 143.250(e) of Administration (NARA). For 1946, http://asq.org/. this subchapter.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40106 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

(h) National Fire Protection approved for § 143.415(a) of this issuing a towing vessel COI, and may Association (NFPA), 1 Batterymarch subchapter. board a vessel at any time to verify Park, Quincy, MA 02169, 800–344– (3) UL 1275—Standard for Safety for compliance and take appropriate action. 3555, http://www.nfpa.org/. Flammable Liquid Storage Cabinets, (c) An owner or managing operator (1) NFPA 10—Standard for Portable Third Edition, dated June 30, 2005 choosing the Coast Guard option may Fire Extinguishers, 2007 Edition, (including revisions through February use a management system, vessel effective August 17, 2006, IBR approved 26, 2010), IBR approved for § 142.225(c) operations manual, towing vessel record for § 142.240(a) of this subchapter. of this subchapter. (TVR), or logbook to meet this subchapter’s recordkeeping (2) NFPA 70—National Electrical § 136.115 Equivalents. Code (NEC), 2002 Edition, effective requirements. (a) The Coast Guard may approve any August 2, 2001, IBR approved for (d) When submitting an application arrangement, fitting, appliance, §§ 136.110, 143.555(b), and 143.565(b) for inspection, the owner or managing apparatus, equipment, calculation, of this subchapter. operator must specify on the application information, or test that provides a level (3) NFPA 302—Fire Protection which option he or she chooses for each of safety equivalent to that established Standard for Pleasure and Commercial particular towing vessel. Owners or by any specific provision of this Motor Craft, 1998 Edition, IBR approved managing operators may choose subchapter. Submit requests for different options for the individual for §§ 143.265(e) and 144.415 of this approval to the Coast Guard via the subchapter. vessels within their fleets. cognizant OCMI. The Marine Safety (e) Requests to change options during (4) NFPA 306—Standard for the Center may require engineering Control of Gas Hazards on Vessels, 2014 the period of validity of an existing COI evaluations and tests to verify the must be accompanied by an application Edition, effective June 17, 2013, IBR equivalence. approved for § 140.665(a) of this to the OCMI for a new COI. If the (b) The Coast Guard may accept requirements for the new option are subchapter. compliance with the provisions of (5) NFPA 750—Standard on Water met, the OCMI will issue the vessel a SOLAS applicable to the vessel’s size new COI. Mist Fire Protection Systems, 2006 and route (incorporated by reference, Edition, effective February 16, 2006, IBR see § 136.112), as an equivalent to § 136.172 Temporary compliance for approved for § 136.110. specific requirements of this subchapter. existing towing vessels. (6) NFPA 1971—Standard on Submit requests for a determination of An existing towing vessel subject to Protective Ensembles for Structural Fire- equivalency for a particular vessel to the this subchapter will remain subject to Fighting and Proximity Fire-Fighting, Coast Guard via the cognizant OCMI. Coast Guard regulations applicable to 2007 Edition, effective August 17, 2006, (c) Alternative compliance the vessel on July 19, 2016 until either IBR approved for § 142.226(a) of this arrangement provisions related to SMSs July 20, 2018 or the date the vessel subchapter. are contained in § 138.225 of this obtains a COI, whichever date is earlier. (i) Society of Automotive Engineers subchapter. (SAE), 400 Commonwealth Drive, (d) Alternate compliance § 136.175 Approved equipment. Warrendale, PA 15096, 724–776–4841, arrangements must be documented Where equipment in this subchapter http://www.sae.org/. within the TSMS applicable to the is required to be of an approved type, (1) ANSI/SAE Z 26.1–1996, American vessel. such equipment requires the specific National Standard for Safety Glazing approval of the Coast Guard. A list of Materials for Glazing Motor Vehicles § 136.120 Special consideration. approved equipment and materials may and Motor Vehicle Equipment Based on a review of relevant be found online at http:// Operating on Land Highways—Safety information and on the TSMS cgmix.uscg.mil/Equipment/ Standard, approved August 11, 1997, applicable to the vessel, the cognizant EquipmentSearch.aspx. Any OCMI may IBR approved for § 144.905(e) of this OCMI who issues the COI may give be contacted for information concerning subchapter. special consideration to authorizing approved equipment and materials. (2) SAE J1475 Revised JUN96— departures from specific requirements, § 136.180 Appeals. Hydraulic Hose Fitting for Marine when unusual circumstances or Applications, revised June 1996, IBR arrangements warrant such departures Any person directly affected by a approved for § 143.265(d) of this and when an equivalent level of safety decision or action taken under this subchapter. is provided. subchapter, by or on behalf of the Coast (3) SAE J1942 Revised APR2007— Guard, may appeal in accordance with § 136.130 Options for documenting 46 CFR 1.03. Hose and Hose Assemblies for Marine compliance to obtain a Certificate of Applications, revised April 2007, IBR Inspection. Subpart B—Certificate of Inspection approved for § 143.265(d) of this (a) There are two options for subchapter. documenting compliance with the § 136.200 Certificate required. (j) UL (formerly Underwriters requirements in this subchapter to (a) A towing vessel may not be Laboratories, Inc.), 12 Laboratory Drive, obtain a COI: operated without having onboard a Research Triangle Park, NC 27709, 919– (1) The Coast Guard option, in which valid COI issued by the Coast Guard as 549–1400, http://www.ul.com/. all inspections of the towing vessel are required by § 136.202. (1) UL 217—Standard for Safety for conducted by the Coast Guard, as (b) Each towing vessel certificated Single and Multiple Station Smoke discussed in § 136.210 and parts 137 under the provisions of this subchapter Alarms, Sixth Edition, dated August 25, and 140 through 144 of this subchapter; must be in full compliance with the 2006 (including revisions through or terms of the COI. November 20, 2012), IBR approved for (2) The TSMS option, as discussed in (c) If necessary to prevent the delay of § 142.330(b) of this subchapter. § 136.210, and in parts 137 through 144 the vessel, the Coast Guard may issue a (2) UL 1104—Standards for Safety for of this subchapter. temporary COI to a towing vessel, Marine Navigation Lights, Second (b) Regardless of the option chosen, pending the issuance and delivery of the Edition, dated October 29, 1998, IBR the Coast Guard is responsible for permanent COI. The temporary COI

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40107

must be carried in the same manner as (a) In addition to Form CG–3752, the (c) Time of issuance of COI. The the regular COI and is equivalent to the owner or managing operator must OCMI will issue a vessel a new COI after permanent COI that it represents. submit: the vessel successfully completes the (d) A towing vessel on a foreign (1) For initial certification: inspection for certification. voyage between a port in the United (i) Vessel particular information; and § 136.215 Period of validity. States and a port in a foreign country (ii) Number of persons in addition to whose COI expires during the voyage the crew, if requested; or (a) A COI for a towing vessel is valid may lawfully complete the voyage (2) For a renewal of certification: for 5 years from the date of issue. without a valid COI, provided the (i) Any changes to the information in (b) For a towing vessel utilizing the voyage is completed within 30 days of paragraph (a)(1) of this section; and TSMS option, the COI is invalid upon the expiration or revocation of the expiration, and provided that the COI (ii) A description of any modifications owner or managing operator TSMS did not expire within 15 days of sailing to the vessel. certificate or the ISM Code Certificate. on the foreign voyage from a U.S. port. (b) In addition to Form CG–3752 and (c) A COI may be suspended and the requirements of paragraph (a) of this § 136.202 Certificate of Inspection phase- withdrawn or revoked by the cognizant section, the owner or managing operator in period. Officer in Charge, Marine Inspection at of vessels utilizing the TSMS option (a) All owners or managing operators any time for noncompliance with the must submit: of more than one existing towing vessel requirements of this subchapter. required to have a COI by this (1) Objective evidence that the owner subchapter must ensure that each or managing operator and the vessel are § 136.220 Posting. existing towing vessel under their in compliance with the TSMS (a) The original COI must be framed ownership or control is issued a valid requirements in part 138 of this under glass or other transparent material COI according to the following subchapter; and and posted in a conspicuous place schedule: (2) Objective evidence that the onboard the towing vessel. (1) By July 22, 2019, at least 25 vessel’s structure, stability, and (b) If posting is impracticable, the COI percent of the towing vessels must have essential systems comply with the must be kept on board in a weathertight valid COIs on board; applicable requirements of this container and must be readily available. subchapter for the intended route and (2) By July 20, 2020, at least 50 § 136.230 Routes permitted. percent of the towing vessels must have service. This objective evidence may be valid COIs on board; in the form of a survey report issued by (a) The area of operation for each (3) By July 19, 2021, at least 75 a TPO or another form acceptable to the towing vessel and any necessary percent of the towing vessels must have Coast Guard. operational limits are determined by the cognizant OCMI and recorded on the valid COIs on board; and § 136.212 Inspection for certification. (4) By July 19, 2022, 100 percent of vessel’s COI. Each area of operation, (a) Frequency of inspections. After a the towing vessels must have valid COIs referred to as a route, is described on the towing vessel receives its initial COI, on board. COI under the major headings the OCMI will inspect a towing vessel (b) All owners or managing operators ‘‘Oceans,’’ ‘‘Coastwise,’’ ‘‘Limited subject to this subchapter located in his of only one existing towing vessel Coastwise,’’ ‘‘Great Lakes,’’ ‘‘Lakes, or her jurisdiction at least once every 5 required to have a COI by this Bays, and Sounds,’’ or ‘‘Rivers,’’ as years. The OCMI must ensure that every subchapter must ensure the vessel has applicable. Additional limitations towing vessel is of a structure suitable an onboard, valid COI by July 20, 2020. imposed or extensions granted are (c) A new towing vessel must obtain for its intended route. If the OCMI described by reference to bodies of a COI before it enters into service. deems it necessary, he or she may direct waters, geographical points, distances the vessel to get underway, and may from geographical points, distances § 136.205 Description. adopt any other suitable means to test from land, depths of channel, seasonal A towing vessel’s COI describes the the towing vessel and its equipment. limitations, and similar factors. vessel, routes that it may travel, (b) Nature of inspection. The (b) Operation of a towing vessel on a minimum manning requirements and inspection will ensure that the vessel is route of lesser severity than those total persons allowed onboard, safety in satisfactory condition and fit for the specifically described or designated on equipment and appliances required to service for which it is intended, and that the COI is permitted, unless the route is be onboard, horsepower, and other it complies with the applicable statutes expressly prohibited on the COI. The information pertinent to the vessel’s and regulations for such vessels. The general order of decreasing severity of operations as determined by the OCMI. inspection will include inspections of routes is: Oceans; coastwise; limited the structure, pressure vessels and their coastwise; Great Lakes; lakes, bays, and § 136.210 Obtaining or renewing a COI. appurtenances, piping, main and sounds; and rivers. The cognizant OCMI Owners and managing operators must auxiliary machinery, electrical may prohibit a vessel from operating on submit Form CG–3752, ‘‘Application for installations, lifesaving appliances, fire a route of lesser severity than the Inspection of U.S. Vessel,’’ to the detecting and extinguishing equipment, primary route on which a vessel is cognizant OCMI where the inspection pilot boarding equipment, and other authorized to operate, if local conditions will take place. The owner or managing equipment. The inspection will also necessitate such a restriction. operator must submit the application at determine that the vessel is in (c) When designating a permitted least 30 days before the vessel will possession of any valid certificates or route or imposing any operational limits undergo the initial inspection for licenses issued by the Federal on a towing vessel, the cognizant OCMI certification. The owner or managing Communications Commission, if may consider: operator must schedule an inspection required. The inspection will also (1) The route-specific requirements of for this initial certification with the include an examination of the vessel’s this subchapter; cognizant OCMI at least 3 months before lights, means of making sound signals (2) The performance capabilities of the vessel is to undergo the inspection and distress signals, and pollution the vessel based on design, scantlings, for certification. prevention systems and procedures. stability, subdivision, propulsion,

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40108 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

speed, operating modes, repairs. A vessel with a TSMS may (b) For a vessel utilizing the TSMS maneuverability, and other proceed to another port for repair, if: option, the vessel may engage in an characteristics; (1) In the judgment of the owner, excursion, if: (3) The suitability of the vessel for managing operator, or master, the trip (1) In the opinion of the owner, nighttime operations and use in all can be completed safely; managing operator, or master the weather conditions; (2) The TSMS addresses the condition operation can be undertaken safely; (4) Vessel operations in globally of the vessel that has resulted in non- (2) The TSMS addresses the remote areas or severe environments not compliance and the necessary temporary excursion operation covered by this subchapter. Such areas conditions under which the vessel may contemplated; the necessary conditions may include, but are not limited to, safely proceed to another port for repair; under which the vessel may safely polar regions, remote islands, areas of (3) The vessel proceeds as provided in conduct the operation, including the extreme weather, or other remote areas the TSMS and does not tow while number of persons the vessel may carry; where timely emergency assistance proceeding, unless the owner or the crew required; and any additional cannot be anticipated; and managing operator determines that it is lifesaving or safety equipment required; (5) The TSMS applicable to the vessel, safe to do so; and (3) The vessel proceeds as provided in if the vessel has one. (4) The owner or managing operator the TSMS; and (4) The owner, managing operator, or § 136.235 Certificate of Inspection notifies the cognizant OCMI in whose amendment. zone the non-compliance occurred or is master notifies the cognizant OCMI at least 48 hours prior to the temporary (a) An amended COI may be issued at discovered, before the vessel proceeds. excursion operation. The cognizant any time by the cognizant OCMI. The The owner or operator must also notify OCMI may require submission of amended COI replaces the original, but the cognizant OCMI in any other OCMI the expiration date remains the same as zones through which the vessel will pertinent provisions of the TSMS that of the original. An amended COI transit. applicable to the vessel for review and may be issued to authorize and record (b) What another vessel must do onboard verification of compliance. If a change in the dimensions, gross before proceeding to another port for the cognizant OCMI has reasonable tonnage, owner, managing operator, repairs. If a vessel does not have a cause to believe that the TSMS manning, persons permitted, route TSMS, or a vessel has one but it does applicable to the vessel is insufficient permitted, conditions of operations, or not address the condition of the vessel for the intended excursion, additional equipment of a towing vessel, from that that has resulted in non-compliance or information may be requested and/or specified in the current COI. the necessary conditions under which additional requirements may be (b) The owner or managing operator of the vessel may safely proceed to another imposed. the towing vessel must make a request port for repair, the owner, managing (c) If the towing vessel is not under a for an amended COI to the cognizant operator, or master must request TSMS, or the TSMS applicable to the OCMI any time there is a change in the permission to proceed from the vessel does not address the temporary character of the vessel or in its route, cognizant OCMI in whose zone the non- excursion operation: equipment, ownership, operation, or compliance occurs or is discovered. (1) The owner or managing operator similar factors specified in its current This permission operates as follows: must submit an application to the COI. The OCMI may need to conduct an (1) The request for permission to cognizant OCMI. The application must inspection before issuing an amended proceed may be made electronically, in state the intended route, number of COI. writing, or orally. The cognizant OCMI passengers or guests, and any other (c) For those vessels selecting the may require a written description, a conditions applicable to the excursion TSMS option, the owner or managing damage survey, or other documentation that exceed those specified in its COI. operator of the towing vessel must to assist in determining the nature and (2) The cognizant OCMI may issue the provide to the OCMI objective evidence seriousness of the non-compliance. permit either on Form CG–949, ‘‘Permit of compliance with the requirements in (2) The vessel will not engage in To Carry Excursion Party,’’ or in letter this subchapter prior to the issuance of towing, unless the cognizant OCMI form. The cognizant OCMI will indicate an amended COI. The evidence must: determines it is safe to do so. on the permit the conditions under (1) Be from a TPO and prepared in (3) The Coast Guard may issue the which it is issued, the number of accordance with parts 138 and 139 of permit either on Form CG–948, ‘‘Permit persons the vessel may carry, the crew this subchapter; and to Proceed to Another Port for Repairs,’’ required, any additional lifesaving or (2) Consider the change in the or in letter form, and will state the safety equipment required, the route for character of a vessel or in its route, conditions under which the vessel may which the permit is granted, and the equipment, ownership, operation, or proceed to another port for repair. dates on which the permit is valid. The similar factors specified in the vessel’s (c) Inspection or examination. The application may be made electronically, current COI. cognizant OCMI may require an in writing, or orally. inspection of the vessel by a Coast (3) The vessel may not engage in § 136.240 Permit to proceed. Guard Marine Inspector or an towing during the excursion, unless the Permission to proceed to another port examination by a surveyor from a TPO cognizant OCMI determines it is safe to for repairs (Form CG–948) may be prior to the vessel proceeding. do so. required for a towing vessel that is no (d) The cognizant OCMI may require longer in compliance with its COI. This § 136.245 Permit to carry excursion party an inspection of the vessel by a Coast permission may be necessary in certain or temporary extension or alteration of Guard Marine Inspector or an situations, including damage to the route. examination by a surveyor from a TPO vessel, failure of an essential system, or (a) A towing vessel must obtain prior to the vessel proceeding. failure to comply with a regulation, approval to engage in an excursion prior including failure to comply with the to carrying a greater number of persons § 136.250 Load lines. TSMS requirements, if appropriate. than permitted by the COI, or to Vessels described in Table 136.250 of (a) What a vessel with a TSMS must temporarily extend or alter its area of this section that operate on the Great do before proceeding to another port for operation. Lakes or outside the Boundary Lines, as

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40109

set forth in 46 CFR part 7, are subject E of this chapter in the following to load line requirements in subchapter circumstances:

TABLE 136.250

A vessel that— Is subject to load line requirements in subchapter E of this chapter if it is—

(a) Is on an international voyage— (1) Seventy nine (79) feet (24 meters) or more in length and built on or after July 21, 1968; or (2) One hundred and fifty (150) gross tons or more if built before July 21, 1968. (b) Is on a domestic voyage— ...... (1) Seventy nine (79) feet (24 meters) or more in length and built on or after January 1, 1986; or (2) One hundred and fifty (150) gross tons or more if built before January 1, 1986.

PART 137—VESSEL COMPLIANCE § 137.120 Responsibility for compliance. (2) Other vessel identifier, such as an (a) The owner and managing operator official number or State number; Sec. must ensure that the towing vessel is in (3) Name and business address of Subpart A—General compliance with this subchapter and owner or managing operator; (4) Date and location of the survey; 137.100 Purpose. other applicable laws and regulations at 137.120 Responsibility for compliance. all times. (5) Date the report of the survey was 137.130 Program for vessel compliance for (b) Non-conformities and deficiencies issued, if different than the date the the Towing Safety Management System must be corrected in a timely manner. survey was concluded; (TSMS) option. (6) Name of the surveyors; 137.135 Reports and documentation § 137.130 Program for vessel compliance (7) Name and business address of the for the Towing Safety Management System required for the TSMS option. TPO the surveyors represent, if (TSMS) option. applicable; Subpart B—Inspections and Surveys for The owner or managing operator of a Certification (8) Signatures of surveyors; towing vessel choosing to use the TSMS (9) A descriptive list of the items 137.200 Documenting compliance for the option must implement an external or examined or witnessed during each Coast Guard inspection option. internal survey program for vessel survey; 137.202 Documenting compliance for the compliance. The program for vessel (10) A descriptive list of all non- TSMS option. compliance can be either: conformities identified during each 137.205 External survey program. (a) An external survey program, in 137.210 Internal survey program. survey, including those that were which the owner or managing operator 137.212 Coast Guard oversight of vessel corrected during the course of the survey program for vessels under the would have a third-party organization survey; TSMS option. (TPO) conduct either the surveys (11) A descriptive list of: 137.215 General conduct of survey. required by § 137.205, the examinations (i) All non-conformities remaining at 137.220 Scope. required by § 137.310, or both; or the end of each survey; (b) An internal survey program, in (ii) The required corrective actions; Subpart C—Drydock and Internal Structural which the owner or managing operator Surveys (iii) The latest date of required would conduct either the surveys corrective action; and 137.300 Intervals for drydock and internal required by § 137.210, the examinations (iv) A description of the means by structural examinations. required by § 137.315, or both, using which the corrective actions were 137.302 Documenting compliance for the internal resources or contracted verified; Coast Guard inspection option. 137.305 Documenting compliance for the surveyors. The internal survey program (12) A descriptive list of items that TSMS option. would be conducted with the oversight need to be repaired or replaced before 137.310 External survey program. of a TPO. the vessel continues service; and 137.315 Internal survey program. (c) Each program of either type must (13) A statement that the vessel 137.317 Coast Guard oversight of drydock include: complies with the applicable and internal structural examination (1) Owner or managing operator requirements of this subchapter and is program for vessels under the TSMS policy regarding the surveying and fit for its route and service, subject to option. examination of towing vessels; the correction of non-conformities. 137.320 Vessels holding a valid load line (2) Procedures for conducting towing (b) The owner or managing operator certificate. vessel surveys and examinations, as must provide objective evidence of 137.322 Classed vessels. described in this part; compliance with this part in accordance 137.325 General conduct of examination. (3) Procedures for reporting and with the TSMS applicable to the vessel. 137.330 Scope of the drydock examination. correcting non-conformities and 137.335 Underwater survey in lieu of deficiencies; Subpart B—Inspections and Surveys drydocking. (4) Identification of the individual or for Certification Authority: 46 U.S.C. 3103, 3301, 3306, individuals responsible for the 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS § 137.200 Documenting compliance for the management of the program, and their Coast Guard inspection option. Delegation 0170.1. qualifications; and A towing vessel subject to this Subpart A—General (5) Documentation of compliance activities. subchapter and choosing the Coast § 137.100 Purpose. Guard inspection option, or required to § 137.135 Reports and documentation have the Coast Guard inspection option, This part describes the procedures required for the TSMS option. must undergo an annual inspection owners or managing operators of towing (a) The TSMS option requires a report within 3 months before or after the COI vessels must use to demonstrate detailing each internal survey of a anniversary date. compliance with the requirements of towing vessel. Each report must include: (a) Owners and managing operators this subchapter. (1) Vessel name; must contact the cognizant Officer in

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40110 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Charge, Marine Inspection (OCMI) to (2) Ensure the survey is conducted in (a) Require an audit or survey of the schedule an inspection at a time and accordance with § 137.215; vessel in the presence of a place the OCMI approves. No written (3) Ensure the survey is conducted representative of the cognizant OCMI; application is required. within 3 months of the anniversary date (b) Increase the frequency of the (b) Annual inspections will be similar of the COI; audits; to the inspection for certification but (4) Ensure the TSMS applicable to the (c) For vessels under the internal will cover less detail unless the marine vessel includes policies and procedures survey program, require that the vessel inspector finds deficiencies or for complying with this section; and comply with the external survey determines that a major change has (5) Make the applicable sections of the program requirements of § 137.205; occurred since the last inspection. If the TSMS available to the surveyor. (d) Require any other specific action marine inspector finds deficiencies or (b) The TPO must issue a report that within his or her authority that he or finds that a major change to the vessel meets the requirements in § 137.135. she considers appropriate; or has occurred, he or she will conduct a (e) For repeatedly deficient surveys, more detailed inspection to ensure that § 137.210 Internal survey program. remove the vessel and or owner or the vessel is in satisfactory condition (a) The owner or managing operator of managing operator from using the TSMS and fit for the service for which it is a towing vessel that has selected the option. intended. If the vessel passes the annual TSMS option and who has chosen to inspection, the Coast Guard will demonstrate vessel compliance through § 137.215 General conduct of survey. endorse the vessel’s current Certificate an internal survey program must ensure (a) When conducting a survey of a of Inspection (COI). that the TSMS applicable to the vessel towing vessel as required by this (c) If the annual inspection reveals the includes: subpart, the surveyor must determine need, the owner or managing operator (1) Procedures for surveying and that the item or system functions as must make any or all repairs or testing described in § 137.215; designed, is free of defects or improvements within the time period (2) Equipment, systems, and onboard modifications that reduce its specified by the OCMI. The OCMI may procedures to be surveyed; effectiveness, is suitable for the service use Form CG–835, ‘‘Notice of Merchant (3) Identification of items that would intended, and functions safely in a Marine Inspection Requirements,’’ to manner consistent for vessel type, record deficiencies discovered during need repair or replacement before the vessel could continue in service, such as service and route. the inspection. The OCMI will then give (b) The survey must address the items a copy of the completed form to the deficiencies identified on Form CG–835, ‘‘Notice of Merchant Marine Inspection in § 137.220 as applicable, and must master of the vessel. include: (d) Nothing in this subpart limits the Requirements,’’ noted survey (1) A review of certificates and marine inspector from conducting any deficiencies, non-conformities, or other tests or inspections he or she deems corrective action reports; documentation held on the vessel; necessary to be assured of the vessel’s (4) Procedures for documenting and (2) A visual examination and tests of seaworthiness or fitness for its route and reporting non-conformities and the vessel and its equipment and service. deficiencies; systems in order to confirm that their (5) Procedures for reporting and condition is properly maintained and § 137.202 Documenting compliance for the correcting major non-conformities; that proper quantities are onboard; TSMS option. (6) The responsible person or persons (3) A visual examination of the The owner or managing operator of a in management who have the authority systems used in support of drills or towing vessel that chooses the TSMS to: training to determine that the option for a towing vessel must (i) Stop all vessel operations pending equipment utilized during a drill document compliance with this subpart the correction of non-conformities and operates as intended; and as follows: deficiencies; (4) A visual examination to confirm (a) Prior to obtaining the vessel’s (ii) Oversee vessel compliance that unapproved modifications were not initial COI, the owner or managing activities; and made to the vessel or its equipment. operator must provide a report to the (iii) Track and verify that non- (c) Beyond the minimum standards Coast Guard of a survey as described in required by this section, the § 137.215 that demonstrates that the conformities and deficiencies were corrected; thoroughness and stringency of the vessel complies the requirements of this survey will depend upon the condition part. (7) Procedures for recordkeeping; and (8) Procedures for assigning personnel of the vessel and its equipment. If a (b) For the re-issuance of the vessel’s surveyor finds a vessel to have multiple COI, the owner or managing operator with requisite experience and expertise to carry out the elements of the survey. deficiencies indicative of systematic must: failures to maintain the installed (1) Provide objective evidence of an (b) The owner or managing operator is equipment, he or she will conduct an external survey program as described in not required to survey the items as expanded examination to ensure all § 137.205; or described in § 137.220 as one event, but (2) Provide objective evidence of an may survey items on a schedule over deficiencies are identified and internal survey program as described in time, provided that the interval between corrective action is promptly taken. § 137.210. successive surveys of any item does not (d) The owner or managing operator exceed 1 year, unless otherwise must notify the cognizant OCMI when § 137.205 External survey program. prescribed. the condition of the vessel, its (a) The owner or managing operator of equipment, systems, or operations, a towing vessel that has selected the § 137.212 Coast Guard oversight of vessel create an unsafe condition. TSMS option and who has chosen to survey program for vessels under the TSMS (e) The cognizant OCMI may require demonstrate compliance through an option. that the owner or managing operator external survey program must: If the cognizant OCMI has reasonable provide for the attendance of a surveyor (1) Have the vessel surveyed annually cause to believe that a vessel’s survey or auditor from a TPO to assist with by a surveyor from a TPO; program is deficient, that OCMI may: verifying compliance with this part.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40111

§ 137.220 Scope. (5) All overboard discharge and intake (7) Verify the servicing of each The owner or managing operator of a valves and watertight bulkhead pipe inflatable liferaft, inflatable buoyant towing vessel that has selected the penetration valves; apparatus, and inflatable lifejacket as TSMS option must examine or must (6) Means provided for pumping required by subchapter W of this have examined the following systems, bilges; and chapter. equipment, and procedures to ensure (7) Machinery shut-downs and (8) Verify the proper servicing of each that the vessel and its equipment are alarms. hydrostatic release unit, other than a suitable for the service for which the (d) Steering systems. Examine the disposable hydrostatic release unit, as vessel is certificated: condition of, and where appropriate, required under subchapter W of this (a) TSMS. (1) Verify that the vessel is witness the operation of: chapter. enrolled in a TSMS that complies with (1) Steering systems and equipment (9) Verify that the vessel’s crew part 138 of this subchapter. ensuring smooth operation; conducted abandon ship and man (2) Verify that the policies and (2) Auxiliary means of steering, if overboard drills under simulated procedures applicable to the vessel are installed; and emergency conditions. available to the crew. (3) Alarms. (h) Fire protection. Verify that the (3) Verify that internal and external (e) Pressure vessels and boilers. Verify vessel complies with applicable audits are conducted in accordance with that the vessel complies with applicable requirements contained in part 142 of the approved TSMS. requirements in part 143 of this this subchapter, and examine or verify (4) Verify that recordkeeping subchapter. the fire protection equipment and requirements are met. (f) Electrical. Verify that the vessel systems as follows: (b) Hull structure and appurtenances. complies with applicable requirements (1) Verify that the vessel is equipped Verify that the vessel complies with part in part 143 of this subchapter, examine with the required fire protection 144 of this subchapter, examine the the condition of, and where appropriate, equipment for the vessel’s route and condition of, and where appropriate, witness the operation of: service. witness the operation of the following: (1) All cables, as far as practicable, (2) Verify that the inspection, testing, (1) All accessible parts of the exterior without undue disturbance of the cable and maintenance as required by and interior of the hull, the watertight or electrical apparatus; § 142.240 of this subchapter are bulkheads, and weather decks. (2) Circuit breakers, including testing performed. (2) All watertight closures in the hull, by manual operation; (3) Verify that the training decks, and bulkheads, including (3) Fuses, including ensuring the requirements of § 142.245 of this through hull fittings and sea valves. ratings of fuses are suitable for the subchapter are carried out. (3) Superstructure, masts, and similar service intended; (i) Towing gear. Verify that the vessel arrangements constructed on the hull. (4) All generators, motors, lighting complies with the applicable (4) Railings and bulwarks and their fixtures, and circuit interrupting requirements in parts 140 of this attachments to the hull structure. devices; subchapter, and examine or verify the (5) The presence of appropriate (5) Batteries including security of condition of, and where appropriate, the guards or rails. operation of the following: (6) All weathertight closures above stowage; (6) Electrical equipment, which (1) Deck machinery including the weather deck and the provisions for controls, guards, alarms and safety drainage of sea water from the exposed operates as part of or in conjunction with a fire detection or alarm system features. decks. (2) Hawsers, wires, bridles, push gear, installed onboard, to ensure operation (7) Watertight doors, verifying local and related vessel fittings for damage or in case of fire; and and remote operation and proper fit. wear. (7) All emergency electrical systems, (8) All accessible interior spaces to (3) Verify that the vessel complies including any automatic systems if ensure that they are adequately with 33 CFR part 164, if applicable. ventilated and drained, and that means installed. (j) Navigation equipment. Verify that of escape are maintained and operate as (g) Lifesaving. Verify that the vessel the vessel complies with the applicable intended. complies with applicable requirements requirements in part 140 of this (9) Vessel markings. contained in part 141 of this subchapter subchapter, and examine or verify the (c) Machinery, fuel, and piping and examine the condition of lifesaving condition of and, where appropriate, the systems. Verify that the vessel complies equipment and systems as follows: operation of the following: with applicable requirements contained (1) Verify that the vessel is equipped (1) Navigation systems and in part 143 of this subchapter, examine with the required number of lifejackets, equipment. the condition of, and where appropriate, work vests, and immersion suits. (2) Navigation lights. witness the operation of: (2) Verify the serviceable condition of (3) Navigation charts or maps (1) Engine control mechanisms, each lifejacket, work vest, and marine appropriate to the area of operation and including primary and alternate means, buoyant device. corrected up to date. if the vessel is equipped with alternate (3) Verify that each item of lifesaving (4) Examine the operation of means, of starting machinery, equipment found to be defective has equipment and systems necessary to directional controls, and emergency been repaired or replaced. maintain visibility through the shutdowns; (4) Verify that each lifejacket, other pilothouse windows. (2) All machinery essential to the personal floatation device, or other (5) Verify that the vessel complies routine operation of the vessel, lifesaving device found to be defective with 33 CFR part 164, if applicable. including generators and cooling and incapable of repair was destroyed or (k) Sanitary examination. Examine systems; removed. the quarters, toilet and washing spaces, (3) All fuel systems, including fuel (5) Verify that each piece of expired galleys, serving pantries, lockers, and tanks, tank vents, piping, and pipe lifesaving equipment has been replaced. similar spaces to ensure that they are fittings; (6) Examine each survival craft and clean and decently habitable. (4) All valves in fuel lines, including launching appliance in accordance with (l) Unsafe practices. (1) Verify that all local and remote operation; subchapter W of this chapter. observed unsafe practices, fire hazards,

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40112 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

and other hazardous situations are (1) An internal structural examination (1) A survey program that meets the corrected, and that all required guards of any affected space of a vessel, requirements contained in § 137.325; and protective devices are in including its fuel tanks; (2) Qualifications of the personnel satisfactory condition. (2) A removal of the vessel from authorized to carry out a survey (2) Verify that bilges and other spaces service to assess the extent of the program that are comparable to the are free of excessive accumulation of oil, damage and to affect permanent repairs; requirements of a surveyor from a TPO trash, debris, or other matter that might or as described in § 139.130 of this create a fire hazard, clog bilge pumping (3) An adjustment of the drydock subchapter; examination intervals to monitor the systems, or block emergency escapes. (3) Procedures for documenting and (m) Vessel personnel. Verify that the: vessel’s structural condition. reporting non-conformities and (1) Vessel is manned in accordance deficiencies; with the vessel’s COI; § 137.302 Documenting compliance for the Coast Guard inspection option. (2) Crew is maintaining vessel logs (4) Procedures for reporting and and records in accordance with The managing owner or managing correcting major non-conformities; applicable regulations and the TSMS operator of a towing vessel, who has (5) The identification of a responsible appropriate to the vessel; selected the Coast Guard inspection person in management who has the (3) Crew is complying with the crew option, must make their vessel available authority to stop all vessel operations safety and personnel health for the Coast Guard to conduct the pending corrections, to oversee vessel requirements of part 140 of this examinations required by this subpart in compliance activities, and to track and subchapter; and accordance with the intervals prescribed verify the corrections of non- (4) Crew has received training in § 137.300. conformities and deficiencies; and required by parts 140, 141, and 142 of § 137.305 Documenting compliance for the (6) Objective evidence that supports this subchapter. TSMS option. the completion of all elements of a (n) Prevention of oil pollution. The owner or managing operator of a vessel’s drydock and internal structural Examine the vessel to ensure towing vessel, who has selected the examinations. compliance with the oil pollution TSMS option, must document (b) The owner or managing operator prevention requirements in § 140.655 of compliance with this subpart as follows: must notify the TPO responsible for this subchapter. (a) For vessels under the external auditing the TSMS whenever activities (o) Miscellaneous systems and survey program, provide objective related to credit drydocking or internal equipment. Examine all items in the evidence of compliance with § 137.310. structural examinations are to be carried vessel’s outfit, such as ground tackle, (b) For vessels under the internal out prior to commencing the activities. markings, and placards that are required survey program, provide objective (c) The interval between examinations to be carried in accordance with the evidence of compliance with § 137.315. regulations in this subchapter. of each item may not exceed the (c) Provide objective evidence that the applicable interval described in vessel has undergone a drydock and § 137.300. Subpart C—Drydock and Internal internal structural examination, Structural Surveys including options permitted in (d) The owner or managing operator § 137.320 or § 137.322. must notify the cognizant OCMI of the § 137.300 Intervals for drydock and zone within which activities related to internal structural examinations. § 137.310 External survey program. credit drydocking or internal structural (a) Regardless of the option chosen to (a) The owner or managing operator of examinations are to be carried out prior obtain a COI, upon obtaining a COI each a towing vessel that has selected the to commencing the activities. towing vessel must then undergo a TSMS option and who has chosen to drydock and internal structural § 137.317 Coast Guard oversight of demonstrates compliance through an examination at the following intervals: drydock and internal structural examination external survey program must: (1) A vessel that is exposed to salt program for vessels under the TSMS (1) Have the vessel examined by a option. water more than 6 months in any 12- surveyor from a TPO at the intervals month period since the last examination prescribed in § 137.300; If the cognizant OCMI has reasonable or initial certification must undergo a (2) Ensure the examination is cause to believe the program for the drydock and internal structural conducted in accordance with drydock examination and internal examination at least twice every 5 years, § 137.325; structural examination is deficient, he with not more than 36 months between (3) Ensure the TSMS applicable to the or she may: examinations. vessel includes policies and procedures (a) Require an audit of ongoing (2) A vessel that is exposed to salt for complying with this section; and drydocking procedures and of water not more than 6 months in any (4) Make the applicable sections of the documentation applicable to the vessel, 12-month period since the last TSMS available to the surveyor. in the presence of a representative of the examination or initial certification must (b) The drydock examination and cognizant OCMI; undergo a drydock and internal internal structural examination must be (b) Increase the frequency of the structural examination at least once documented in a report that contains audits; every 5 years. the information required in § 137.135. (b) The cognizant OCMI may require (c) For vessels under the internal additional examinations of the vessel § 137.315 Internal survey program. survey program, require an examination whenever he or she discovers or (a) The owner or managing operator of by a TPO; suspects damage or deterioration to hull a towing vessel that has selected the (d) Require any other action within plating or structural members that may TSMS option and who has chosen to his or her authority that he or she affect the seaworthiness or fitness for demonstrate vessel compliance with considers appropriate; or the route or service of a vessel. These this subpart through an internal survey (e) For continued deficiencies, remove examinations may include a drydock program must ensure that the TSMS the vessel, owner, managing operator, or examination, including: applicable to the vessel includes: all three, from the TSMS option.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40113

§ 137.320 Vessels holding a valid load line subchapter. The drydock examination seaworthiness or fitness for the vessel’s certificate. must be conducted while the vessel is route or service; A drydock and internal structural hauled out of the water or placed in a (2) The vessel has been operated examination performed for a towing drydock or slipway. The Coast Guard satisfactorily since the last drydocking; vessel to maintain a valid load line inspector or surveyor conducting this (3) The vessel is less than 15 years of certificate issued in accordance with examination must: age; subchapter E of this chapter would (1) Examine the exterior of the hull, (4) The vessel has a steel or aluminum count as an examination required under including bottom, sides, headlog, and hull; and § 137.300. stern, and examine all appendages for (5) The vessel is fitted with a hull damage, fractures, wastage, pitting, or protection system. § 137.322 Classed vessels. improper repairs; (b) The owner or managing operator (a) A drydock and internal structural (2) Examine each tail shaft for bends, must submit an application to the examination performed for a towing cracks, and damage, including the cognizant OCMI at least 90 days before vessel to maintain class by the sleeves or other bearing contact surfaces the vessel’s next required drydock American Bureau of Shipping in on the tail shaft for wear. The tail shaft examination. The application must accordance with their rules, as need not be removed for examination if include: appropriate for the intended service and these items can otherwise be properly (1) The procedure for carrying out the routes, would count as an examination evaluated; underwater survey; required under § 137.300. (3) Examine the rudders for damage, (2) The time and place of the (b) A drydock and internal structural the upper and lower bearings for wear, underwater survey; examination performed for a towing and the rudder stock for damage or (3) The method used to accurately vessel to maintain class by a recognized wear. Rudders need not be removed for determine the diver’s or the remotely classification society in accordance with examination if these items can be operated vehicle’s location relative to their rules, as appropriate for the otherwise properly evaluated. This also the hull; intended service and routes, would includes other underwater components (4) The means for examining all count as an examination required under of steering and propulsion mechanisms; through-hull fittings and appurtenances; § 137.300, provided the Coast Guard has (4) Examine the propellers for cracks (5) The condition of the vessel, accepted their applicable rules. and damage; including the anticipated draft of the (5) Examine the exterior components § 137.325 General conduct of examination. vessel at the time of the survey; of the machinery cooling system for (6) A description of the hull (a) When conducting an examination leaks, damage, or deterioration; protection system; and of a towing vessel as required by this (6) Open and examine all sea chests, (7) The names and qualifications of all subpart, the surveyor must determine through-hull fittings, and strainers for personnel involved in conducting the whether any defect, deterioration, damage, deterioration, or fouling; and UWILD. damage, or modifications of the hull and (7) On wooden vessels, pull fastenings (c) If a vessel is 15 years of age or related structure and components may as required for examination. older, the Commandant may approve a adversely affect the vessel’s (b) An internal structural examination UWILD at alternating intervals provided seaworthiness or fitness or suitability required by this part may be conducted that: for its route or service. while the vessel is afloat or while it is (1) All provisions of paragraphs (a) (b) The examination must address the out of the water. It consists of a and (b) of this section are complied items in § 137.330 as applicable, and complete examination of the vessel’s with, except that the vessel does not must include: main strength members, including the need to be less than 15 years of age; and (1) Access to internal spaces as major internal framing, the hull plating (2) During the vessel’s drydock appropriate; and planking; voids; and ballast, cargo, examination preceding the underwater (2) A visual examination of the and fuel oil tanks. Where the internal survey, a complete set of hull gauging external structure of the vessel to framing, plating, or planking of the was taken which indicated that the confirm that the condition is properly vessel is concealed, sections of the vessel was free from hull deterioration. maintained; and lining, ceiling, or insulation may be (3) A visual examination to confirm removed or the parts otherwise probed PART 138—TOWING SAFETY that unapproved modifications were not or exposed to determine the condition MANAGEMENT SYSTEM (TSMS) made to the vessel. of the hull structure. Fuel oil tanks need (c) The thoroughness and stringency not be cleaned out and internally Sec. of the examination will depend upon examined if the general condition of the Subpart A—General the condition of the vessel. tanks is determined to be satisfactory by 138.100 Purpose. (d) The owner or managing operator an external examination. 138.115 Compliance. must notify the cognizant OCMI when the condition of the vessel may create § 137.335 Underwater survey in lieu of Subpart B—Towing Safety Management an unsafe condition. drydocking. System (TSMS) (e) The cognizant OCMI may require (a) This section applies to all towing 138.205 Purpose of a TSMS. the owner or managing operator to vessels subject to this subchapter. If a 138.210 Objectives of a TSMS. provide for the attendance of a surveyor TSMS is applicable to the vessel, the 138.215 Functional requirements of a or auditor from a TPO to assist with TSMS may include policies and TSMS. procedures for employing and 138.220 TSMS elements. verifying the vessel’s compliance with 138.225 Existing safety management the requirements in this subpart. documenting an underwater survey in lieu of drydocking (UWILD). A vessel is systems (SMSs). § 137.330 Scope of the drydock eligible for UWILD if the Coast Guard Subpart C—Documenting Compliance examination. determines that: 138.305 TSMS certificate. (a) This regulation applies to all (1) There is no obvious damage or 138.310 Internal audits for a TSMS towing vessels covered by this defect in the hull adversely affecting the certificate.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40114 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

138.315 External audits for a TSMS procedures, and to verify that those international conventions to which the certificate. policies and procedures comply with United States is a party; Subpart D—Audits the requirements of this subchapter; and (b) Defined levels of authority and (5) Procedures for correcting problems lines of communication between 138.400 General. 138.405 Conduct of internal audits. identified by management personnel shoreside and vessel personnel; 138.410 Conduct of external audits. and TPOs and facilitating continuous (c) Procedures for reporting accidents improvement. and non-conformities; Subpart E—Coast Guard or Organizational (d) Procedures to prepare for and Oversight and Review § 138.210 Objectives of a TSMS. respond to emergency situations by 138.500 Notification prior to audit. The TSMS, through policies, shoreside and vessel personnel; 138.505 Submittal of external audit results. procedures, and documentation, must: (e) Procedures for verification of 138.510 Required attendance. (a) Demonstrate management vessel compliance with this subchapter; Authority: 46 U.S.C. 3103, 3301, 3306, responsibility. The management must (f) Procedures for internal auditing of 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS demonstrate that they implemented the the TSMS, including shoreside and Delegation 0170.1. policies and procedures as contained in vessel operations; the TSMS and the entire organization is (g) Procedures for external audits; Subpart A—General adhering to their safety management (h) Procedures for management § 138.100 Purpose. program. review of internal and external audit (b) Document management reports and correction of non- The purpose of this part is to procedures. A TSMS must describe and conformities; and prescribe requirements for owners or document the owner or managing (i) Procedures to evaluate managing operators of towing vessels operator’s organizational structure, recommendations made by management who adopt a Towing Safety responsibilities, procedures, and and other personnel. Management System (TSMS) under this resources which ensure quality subchapter. § 138.220 TSMS elements. monitoring. § 138.115 Compliance. (c) Ensure document and data The TSMS must include the elements listed in paragrahs (a) through (d) of this Owners or managing operators control. There must be clear section. If an element listed is not selecting the TSMS option must obtain identification of what types of applicable to an owner or managing a TSMS certificate issued under documents and data are to be operator, appropriate justification must § 138.305 at least 6 months before controlled, and who is responsible for be documented and is subject to obtaining a Certificate of Inspection controlling activities, including acceptance by the TPO. (COI) for any of their vessels covered by approval, issue, distribution, (a) Administration and management the TSMS certificate. modification, removal of obsolete materials, and other related organization. A policy must be in place Subpart B—Towing Safety administrative functions. that outlines the TSMS culture and how Management System (TSMS) (d) Provide a process and criteria for management intends to ensure selection of third parties. Procedures for compliance with this subpart. § 138.205 Purpose of a TSMS. selection of TPOs must exist that Supporting this policy, the following (a) The purpose of a TSMS is to include how third parties are evaluated, procedures and documentation must be establish policies, procedures, and including selection criteria. included: required documentation to ensure the (e) Establish a system of (1) Management organization—(i) owner or managing operator meets its recordkeeping. Records must be Responsibilities. The management established goals while ensuring maintained to demonstrate effective organization, authority, and continuous compliance with all implementation of the TSMS. This must responsibilities of individuals must be regulatory requirements. The TSMS include audit records, non-conformity documented. must contain a method to ensure all reports and corrective actions, auditor (ii) Designated person. Each owner or levels of the organization are working qualifications, auditor training, and managing operator must designate in within the framework. other records as considered necessary. writing the shoreside person(s) (b) A TSMS establishes and (f) Identify and meet training needs. responsible for ensuring the TSMS is maintains: The owner or operator must establish implemented and continuously (1) Management policies and and maintain documented procedures functions throughout management and procedures that serve as an operational for identifying training needs and the fleet. They must also designate the protocol for all levels within providing training. shoreside person(s) responsible for management; (g) Ensure adequate resources. ensuring that the vessels are properly (2) Procedures to produce objective Identify adequate resources and maintained and in operable condition, evidence that demonstrates compliance procedures necessary to comply with including those responsible for with the requirements of this the TSMS. emergency assistance to each towing subchapter; vessel. (3) Procedures for an owner or § 138.215 Functional requirements of a (iii) Master authority. Each owner or managing operator to evaluate that they TSMS. managing operator must define the are following their own policies and The functional requirements of a scope of the master’s authority. The procedures and complying with the TSMS include: master’s authority must provide for the requirements of this subchapter; (a) Policies and procedures to provide ability to make final determinations on (4) Arrangements for a periodic direction for the safe operation of safe operations of the towing vessel. evaluation by an independent third- towing vessels and protection of the Specifically, it must provide the party organization (TPO) to determine marine environment in compliance with authority for the master to cease how well an owner or managing applicable U.S. law, including the Code operation if an unsafe condition exists. operator and their towing vessels are of Federal Regulations, and, if on an (2) Audits—(i) Procedures for complying with their stated policies and international voyage, applicable conducting internal and external audits.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40115

The TSMS must contain procedures for maneuverability and horsepower, (d) A TSMS certificate may be audits in accordance with §§ 138.310 appropriate rigging and towing gear, suspended or revoked by the Coast and 138.315. proper management of the navigational Guard at any time for non-compliance (ii) Procedures for identifying and watch, and compliance with applicable with the requirements of this part. correcting non-conformities. The TSMS security measures. (e) The TPO that issued the TSMS must contain procedures for any person (d) Compliance with this subchapter. certificate may rescind the certificate for to report non-conformities. The Procedures and documentation must be non-compliance with the requirements procedures must describe how an initial in place to ensure that each towing of this part. report should be made and the actions vessel complies with the operational, (f) A copy of the TSMS certificate taken to follow-up and ensure equipment, and personnel requirements must be maintained on each towing appropriate resolution. of this subchapter. vessel that is covered by the TSMS (b) Personnel. Policies must be in certificate and on file at the owner or place that cover the owner or managing § 138.225 Existing safety management managing operator’s shoreside office. systems (SMSs). operator’s approach to managing (a) A safety management system § 138.310 Internal audits for a TSMS personnel, including, but not limited to, certificate. employment, training, and health and (SMS) which is fully compliant with the International Safety Management (ISM) (a) Internal management audits must safety of personnel. Supporting these be conducted annually, within 3 months polices, the following procedures and Code requirements, implemented in 33 CFR part 96, will be deemed in of the anniversary date of the TSMS documentation must be included: certificate, to ensure the owner or (1) Employment procedures. The compliance with TSMS-related managing operator is effectively TSMS must contain procedures related requirements in this subchapter. implementing all elements of their to the employment of individuals. (b) Other existing SMSs may be considered for acceptance as meeting TSMS. Procedures must be in place to ensure (b) The internal management audit adequate qualifications of personnel, to the TSMS requirements of this part. The Coast Guard may: must ensure that management has include background checks, compliance implemented the TSMS throughout all with drug and alcohol standards, and (1) Accept such system in full; (2) Require modifications to the levels of the organization, including that personnel are able to perform system as a condition of acceptance; or audits of all the owner or managing required tasks. (3) Reject the system. operator’s towing vessels to which a (2) Training of personnel. The TSMS (c) An owner or managing operator TSMS applies to ensure implementation must contain a policy related to the who seeks to meet TSMS requirements at the operational level. training of personnel, including: using provisions in paragraph (a) or (b) (c) The results of internal audits must (i) New-hire orientation; of this section must submit be documented and maintained for a (ii) Duties associated with the documentation to the Coast Guard based period of 5 years and made available to execution of the TSMS; (iii) Execution of operational duties; on the initial audit and one full audit the Coast Guard upon request. (iv) Execution of emergency cycle of at least 3 years. (d) Internal auditors: (1) Must have knowledge of the procedures; (d) The Coast Guard may elect to management, its SMS, and the standards (v) Occupational health; inspect equipment and records, (vi) Crew safety; and including: contained in this subchapter; (vii) Training required by this (1) Contents of the SMS; (2) Must have completed an ANSI/ Subchapter. (2) Objective evidence of internal and ISO/ASQ Q9001–2000 or ISO (c) Verification of vessel compliance. external audits; 9001:2008(E) (incorporated by reference, Policies must be in place that cover the (3) Objective evidence that non- see § 136.112 of this subchapter) owner or managing operator’s approach conformities were identified and internal auditor/assessor course or Coast for ensuring vessel compliance, corrected; and Guard-recognized equivalent; (4) Objective evidence of vessel (3) May not be the designated person, including, but not limited to, policies on compliance with applicable regulations. or any other person, within the maintenance and survey, safety, the organization that is responsible for environment, security, and emergency Subpart C—Documenting Compliance development or implementation of the preparedness. Supporting these policies, TSMS; and the following procedures and § 138.305 TSMS certificate. (4) Must be independent of the documentation must be included: (a) The owner or managing operator procedures being audited, unless this is (1) Maintenance and survey. will be issued a TSMS certificate by a impracticable due to the size and the Procedures outlining the owner or TPO when his or her organization is nature of the organization. managing operator’s survey regime must deemed in compliance with the TSMS specify all maintenance, examination, requirements. It should be kept on file § 138.315 External audits for a TSMS and survey requirements, including the at the owner or managing operator’s certificate. minimum qualifications of persons shoreside office and available for External audits for obtaining and assigned to carry out required surveys review, at the request of the Coast renewing a TSMS certificate are the owner or managing operator is using Guard. conducted through a TPO and must the internal examination program. (b) A TSMS certificate is valid for 5 include both management and vessels as Applicable documentation must be years from the date of issue, unless follows: maintained for all activities for a period suspended, revoked or rescinded as (a) Management audits. (1) Prior to of 5 years. provided in paragraphs (d) and (e) of the issuance of an owner or managing (2) Safety, environment, and security. this section. operator’s initial TSMS certificate, or Procedures must be in place to ensure (c) The vessel owner or managing subsequent renewals, an external safety of property, the environment, and operator must maintain a list of vessels management audit must be conducted personnel. This must include currently covered by each TSMS by an auditor from a TPO. procedures to ensure the selection of the certificate and must provide it to the (2) A mid-period external appropriate vessel, including adequate Coast Guard upon request. management audit must be conducted

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40116 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

between the 27th and 33rd month of the question personnel, examine vessel § 138.505 Submittal of external audit certificate’s period of validity. equipment, witness system testing, and results. (b) Vessel audits. (1) An external audit observe personnel training, including (a) Submission of external must be conducted prior to the issuance drills, as necessary to verify TSMS management audits. The results of an of the initial COI for vessels subject to effectiveness. external management audit as required an owner or managing operator’s TSMS by § 138.315 must be submitted to the that have been owned or operated for 6 § 138.410 Conduct of external audits. Towing Vessel National Center of or more months prior to receiving the (a) External audits must be conducted Expertise within 30 days of audit initial COI. by an auditor from a TPO and cover all completion by the TPO conducting the (2) An external audit must be elements of the TSMS requirements of external audit. The mailing address for conducted no later than 6 months after this subchapter, but may be conducted the Coast Guard Towing Vessel National the issuance of the initial COI for on a sampling basis of each of those Center of Expertise is 504 Broadway vessels subject to the owner or TSMS elements. Street, Suite 101, Paducah, Kentucky managing operator’s TSMS that have (b) External audits must be of 42001. been owned or operated for fewer than sufficient depth and breadth to ensure (b) Submission of external vessel 6 months prior to receiving the initial the owner or operating manager audits. The results of any external COI. effectively implemented its TSMS vessel audits required by § 138.315 must (3) An external audit of all vessels throughout all levels of the organization, be submitted to the cognizant OCMI covered by a TSMS certificate must be including onboard its vessels. within 30 days of audit completion by conducted during the 5-year period of (c) The auditor must be provided the TPO conducting the external audit. validity of the TSMS certificate. The access to examine any requested (c) Electronic submissions. The results vessels must be selected randomly and documentation, question personnel, of external audits required by this distributed as evenly as possible. examine vessel equipment, witness section may be submitted electronically (4) External audits may include the system testing, and observe personnel so long as the means used allows the use of objective evidence which may be training, including drills, as necessary Coast Guard to reliably verify the person available at the owner or managing to verify TSMS effectiveness. making the submission and the operator’s corporate office. Some (d) The auditor may broaden the authenticity of the records submitted. portions of this audit require visiting scope of the audit if: For those seeking to submit external each vessel at some point during the 5- (1) The TSMS is incomplete or not audit records to the Coast Guard year period of validity of the TSMS effectively implemented; electronically, the TSMS must address certificate. (2) Conditions found are not the means to be used to make these (c) Documentation. The results of the consistent with the records; or electronic submissions. external audit must be documented and (3) Unsafe conditions are identified. § 138.510 Required attendance. maintained for a period of 5 years and (e) The auditor may verify compliance made available to the Coast Guard or the with vessel standards and TSMS (a) The TPO and the owner or external auditor upon request. requirements through a review of managing operator may be required to objective evidence such as checklists, explain or otherwise demonstrate areas Subpart D—Audits invoices, and reports, and may conduct of the TSMS to the Coast Guard if there a visual sampling onboard the vessels to is evidence that a TSMS, for which a § 138.400 General. determine whether or not the conditions TSMS certificate was issued, is not in Management and vessels are subject onboard the vessel are consistent with compliance with the provisions of this to internal and external audits to assess the records reviewed. part. The Coast Guard may require a compliance with TSMS and the vessel (f) If an auditor identifies a major non- third party’s attendance at the vessel or standards requirements of this conformity during the course of the the office of the owner or managing subchapter. external audit, then the auditor must operator for this purpose. (b) The Coast Guard will not bear any § 138.405 Conduct of internal audits. notify the local Officer in Charge, Marine Inspection (OCMI) within 24 of the costs for a third party’s (a) Internal audits are conducted by, hours and the owner or managing attendance at the vessel or the office of or on behalf of, the management and operator’s designated representative in the owner or managing operator when may be performed by a designated accordance with the TSMS applicable to complying with this provision. employee or by contracted individual(s) the vessel. who conduct the audit as if an employee PART 139—THIRD-PARTY of the owner or managing operator. Subpart E—Coast Guard or ORGANIZATIONS (b) Internal audits are not necessarily Organizational Oversight and Review conducted as one event; they can be Sec. § 138.500 Notification prior to audit. 139.100 Purpose. taken in segments over time. 139.110 Organizations not subject to (c) Internal audits must be of (a) The owner or managing operator of further approval. sufficient depth and breadth to ensure a towing vessel must notify the local 139.115 General. the owner or managing operator OCMI at least 72 hours prior to an 139.120 Application for approval as a TPO. established adequate procedures and external audit being conducted under 139.125 Approval of TPO. documentation to comply with the this part. 139.130 Qualifications of auditors and TSMS requirements of this part, that the (b) The Coast Guard may require that surveyors. TSMS was implemented throughout all a Coast Guard representative accompany 139.135 Addition and removal of auditors levels of the organization, and that the the auditor during part, or all, of an and surveyors. 139.140 Renewal of TPO approval. owner or managing operator’s vessels external audit. 139.145 Suspension of approval. comply with this subchapter and the (c) The Coast Guard may conduct a 139.150 Revocation of approval. TSMS. separate audit of the owner or managing 139.155 Appeals of suspension or (d) The auditor must have the operator or its towing vessels, at its revocation of approval. authority to examine documentation, discretion. 139.160 Coast Guard oversight activities.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40117

139.165 Documentation. (2) Operates within a quality and surveys within the intervals Authority: 46 U.S.C. 3103, 3301, 3306, management system acceptable to the established in this subchapter. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Coast Guard; (m) A description of the Delegation 0170.1. (3) Ensures its auditors and surveyors organization’s apprentice or associate are qualified and maintain continued program for auditors and/or surveyors. § 139.100 Purpose. competence; (n) A statement that the Coast Guard (a) This part states the requirements (4) Demonstrates the ability to carry may inspect the organization’s facilities applicable to third-party organizations out the responsibilities of approval; and and records and may accompany (TPOs) that conduct audits and surveys (5) Meets all other requirements of auditors and/or surveyors in the for towing vessels as required by this this part. performance of duties related to the subchapter. (c) A list of TPOs will be maintained requested approval. (b) The Commandant delegates to the by the Coast Guard, and made available (o) Disclosure of any potential Towing Vessel National Center of upon request. conflicts of interest. Expertise (TVNCOE) the authority to (p) A statement that the organization, carry out the functions of this part § 139.120 Application for approval as a its managers, and employees engaged in TPO. associated with approval of TPOs, audits and/or surveys are not, and will including revocation and suspension of An organization, which may include not be involved in any activities which approval. a business entity or an association, could result in a conflict of interest or desiring to be approved as a TPO under otherwise limit the independent § 139.110 Organizations not subject to this part must submit a written request further approval. judgment of the auditor and/or surveyor to the Towing Vessel National Center of or organization. (a) A recognized classification society, Expertise, 504 Broadway St Suite 101, (q) Any additional information that which has satisfied the requirements in Paducah, KY 42001. The organization the applicant deems pertinent. 46 CFR 8.230, meets the requirements of must provide the following information: a TPO for the purposes of this part and (a) A description of the organization, § 139.125 Approval of TPOs. may perform the work as a third-party including the ownership, structure, and (a) The Commandant delegates to the auditor. organizational components. Towing Vessel National Center of (b) An authorized classification (b) A general description of the clients Expertise (TVNCOE) the authority to society, which has been authorized being served or intended to be served. carry out the review and approval under 46 CFR part 8, subpart C or D, (c) A description of the types of work described in this section, and the related meets the requirements of a TPO for the performed by the organization or by the authority to suspend and revoke purposes of this part and may perform principals of the organization in the approval. the work as a third-party surveyor. past, noting the amount and extent of (b) The Coast Guard will review the (c) The organizations qualifying as such work performed within the request and notify the organization in TPOs under paragraph (a) or (b) of this previous 3 years. writing whether their request is granted. section must ensure that employees (d) Objective evidence of an internal (c) If a request for approval is denied, providing services under this part hold quality system based on ANSI/ISO/ASQ the Coast Guard will inform the proper qualifications for the particular Q9001–2000 (incorporated by reference, organization of the reasons for the type of service being performed. see § 136.112 of this subchapter) or an denial and will describe what equivalent quality standard. § 139.115 General. corrections are required for an approval (e) Organization procedures and to be granted. (a) The Coast Guard approves TPOs to supporting documentation that describe (d) An approval for a TPO that meets carry out functions related to ensuring processes used to perform an audit and the requirements of this part will expire: that towing vessels comply with records to show system effectiveness. (1) Five years after the last day of the provisions of this subchapter. (f) Copies of checklists, forms, or month in which it is granted; Organizations may be approved to: other tools to be used as guides or for (2) When the TPO gives notice that it (1) Conduct audits of a Towing Safety recording the results of audits and/or will no longer offer towing vessel audit Management System (TSMS), and the surveys. and/or survey services; vessels to which the TSMS applies, to (g) Organization procedures for (3) When revoked by the Coast Guard verify compliance with the applicable appeals and grievances. in accordance with § 139.150; or provisions of this subchapter; (h) The organization’s code of ethics (4) On the date of a change in (2) Issue TSMS certificates to the applicable to the organization and its ownership, as defined in § 136.110, of owner or managing operator who is in auditors and/or surveyors. the TPO for which approval was compliance with part 138 of this (i) A list of the organization’s auditors granted. subchapter; and/or surveyors who meet the (3) Conduct surveys of towing vessels requirements of § 139.130. This list § 139.130 Qualifications of auditors and to verify compliance with the applicable must include the experience, surveyors. provisions of this subchapter; and background, and qualifications for each (a) A prospective auditor or surveyor (4) Issue survey reports detailing the auditor and/or surveyor. must have the skills and experience results of surveys, carried out in (j) A description of the organization’s necessary to assess compliance with all compliance with part 137 of this means of assuring continued requirements of this subchapter. subchapter. competence of its personnel. (b) Auditors must meet the following (b) An organization seeking approval (k) The organization’s procedures for qualifications: under this part must provide objective terminating or removing auditors and/or (1) High school diploma or evidence to the Coast Guard that its surveyors. equivalent. program: (l) A description of the organization’s (2) Four years of working on towing (1) Is independent of the owner or means of assuring the availability of its vessels or other relevant marine managing operator and vessels that it personnel to meet the needs of the experience such as Coast Guard marine audits or surveys; towing companies for conducting audits inspector, licensed mariner, military

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40118 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

personnel with relevant maritime determines that the TPO does not (2) Conduct interviews of auditors or experience, or marine surveyor. comply with the provisions of this part. surveyors to aid in the evaluation of the (3) Successful completion of an ANSI/ The Coast Guard must: organization; and ISO/ASQ Q9001–2000 or ISO (1) Notify the TPO in writing of the (3) Observe audits or surveys. 9001:2008(E) (incorporated by reference, intention to suspend the approval; (b) The Coast Guard may require that see § 136.112 of this subchapter) lead (2) Provide the details of the TPO’s the owner or managing operator make auditor/assessor course or Coast Guard failure to comply with this part; and available a copy of the TSMS upon recognized equivalent. (3) Advise the TPO of the time period, request. (4) Successful completion of a not to exceed 60 days, within which the (c) The Coast Guard may require a training course for the auditing of a TPO must correct its failure to comply revision of a previously approved TSMS TSMS. with this part. If the TPO fails to correct if it is determined that requirements of (5) Audit experience, as demonstrated its failure to comply with this part this subchapter are not met. by: within the time period allowed, the (i) Documented experience in approval will be suspended. § 139.165 Documentation. auditing the ISM Code or the American (b) The Coast Guard may also partially (a) Each TPO must retain the results Waterways Operators Responsible suspend the approval of a TPO, using of each survey or audit conducted under Carrier Program, consisting of at least the process described in paragraph (a) of its approval, including: two management audits and six vessel this section. This may include (1) The names of the auditors and/or audits within the past 5 years; or suspension of an individual auditor or surveyors; (ii) Successful completion of an surveyor or suspension of the authority (2) The results of each audit or survey auditor apprenticeship, consisting of at of the TPO to carry out specific duties conducted; and least one management audit and three whenever the Coast Guard determines (3) Documentation showing vessel audits under the direction of a that the provisions of this part are not continuing actions relative to an audit lead auditor. complied with. or survey, such as resolution of (c) Surveyors must meet the following deficiencies and non-conformities. qualifications: § 139.150 Revocation of approval. (b) Each TPO must also retain the (1) High school diploma or (a) The Coast Guard may revoke the results of audits of their organization equivalent. approval of a TPO if the organization conducted by the Coast Guard. (2) At least one of the following: has demonstrated a pattern or history of: (c) Records required by this part must (i) Four years of experience working (1) Failure to comply with this part; be retained for a period of 5 years. on towing vessels as master, mate (2) Substantial deviations from the (pilot), or engineer; or terms of the approval granted under this PART 140—OPERATIONS (ii) Other relevant marine experience part; or Sec. such as Coast Guard marine inspector, (3) Failures, including ethical military personnel with relevant violations, conflicts of interest, or Subpart A—General maritime experience, marine surveyor, inadequate performance, that indicate to 140.100 Purpose. accredited marine surveyor, experience the Coast Guard that the TPO is no 140.105 Applicability and delayed on vessels of similar operating and longer capable of carrying out its duties implementation for existing vessels. physical characteristics. as a TPO. Subpart B—General Operational Safety (b) If the Coast Guard seeks to revoke 140.205 General vessel operation. § 139.135 Addition and removal of auditors the approval of a TPO, it must: and surveyors. 140.210 Responsibilities of the master and (1) Notify the TPO in writing of the crew. (a) A TPO must maintain a list of intention to revoke the approval; current and former auditors and (2) Provide the details of the TPO’s Subpart C—[Reserved] surveyors. demonstrated pattern or history of Subpart D—Crew Safety (b) To add an auditor or surveyor, the actions described in paragraph (a) of 140.400 Personnel records. TPO must submit that person’s this section; and 140.405 Emergency duties and duty experience, background, and (3) Advise the TPO that it may appeal stations. qualifications to the TVNCOE. this decision to the Coast Guard in 140.410 Safety orientation. (c) The TVNCOE must be notified accordance with the provisions of 46 140.415 Orientation for individuals that are when an auditor or surveyor is removed CFR subpart 1.03. not crewmembers. from employment. 140.420 Emergency drills and instruction. § 139.155 Appeals of suspension or 140.425 Fall overboard prevention. § 139.140 Renewal of TPO approval. revocation of approval. 140.430 Wearing of work vests. (a) To renew an approval, a TPO must Anyone directly affected by a decision 140.435 First aid equipment. submit a written request to the TVNCOE to suspend or revoke an approval Subpart E—Safety and Health at the address listed in § 139.120. granted under this part may appeal the 140.500 General. (b) For the request to be approved, the decision to the Coast Guard in 140.505 General health and safety Coast Guard must be satisfied that the accordance with the provisions of 46 requirements. applicant continues to fully meet CFR subpart 1.03. 140.510 Identification and mitigation of approval criteria. health and safety hazards. (c) The Coast Guard may request any § 139.160 Coast Guard oversight activities. 140.515 Training requirements. additional information necessary to (a) The Coast Guard will provide Subpart F—Vessel Operational Safety notice to the TPO 48 hours in advance properly evaluate the request. 140.600 Applicability. of any site visit, unless the visit is in § 139.145 Suspension of approval. 140.605 Vessel stability. response to a complaint or other 140.610 Hatches and other openings. (a) The Coast Guard may suspend the evidence of regulatory non-compliance. 140.615 Examinations and tests. approval of a TPO approved under this During the visit, the Coast Guard may: 140.620 Navigational safety equipment. part whenever the Coast Guard (1) Inspect a TPO’s records; 140.625 Navigation underway.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40119

140.630 Lookout. Subpart B—General Operational Safety aware of all known aspects of the 140.635 Navigation assessment. condition of the vessel, including: 140.640 Pilothouse resource management. § 140.205 General vessel operation. (i) Those vessels being pushed, 140.645 Navigation safety training. (a) A vessel must be operated in pulled, or hauled alongside; and 140.650 Operational readiness of lifesaving accordance with applicable laws and (ii) Equipment and other accessories and fire suppression and detection regulations and in such a manner as to used for pushing, pulling, or hauling equipment. afford protection against hazards to life, alongside other vessels. 140.655 Prevention of oil and garbage property, and the environment. (5) Minimize any distraction from the pollution. (b) Towing vessels with a Towing operation of the vessel or performance 140.660 Vessel security. 140.665 Inspection and testing required Safety Management System (TSMS) of duty; and when making alterations, repairs, or must be operated in accordance with the (6) Report unsafe conditions to the other such operations involving riveting, TSMS applicable to the vessel. master or officer in charge of a welding, burning, or like fire-producing (c) Vessels must be manned in navigational watch and take effective actions. accordance with the COI. Manning action to prevent accidents. 140.670 Use of auto pilot. requirements are contained in part 15 of this chapter. Subpart C—[Reserved] Subpart G—Navigation and Communication Equipment (d) Each crewmember that is required to hold a Merchant Mariner Credential Subpart D—Crew Safety 140.700 Applicability. (MMC) must have the credential on § 140.400 Personnel records. 140.705 Charts and nautical publications. board and available for examination at 140.710 Marine radar. (a) The master of each towing vessel all times when the vessel is operating. 140.715 Communications equipment. must keep an accurate list of (e) All individuals who are not 140.720 Navigation lights, shapes, and crewmembers and their assigned required to hold an MMC permitted sound signals. positions and responsibilities aboard the onboard the vessel must have and 140.725 Additional navigation equipment. vessel. present on request a valid personal (b) The master must keep an accurate Subpart H—Towing Safety identification that meets the list of individuals to be carried as 140.800 Applicability. requirements set forth in 33 CFR persons in addition to the crew and any 140.801 Towing gear. 101.515. 140.805 Towing safety. passengers. 140.820 Recordkeeping for towing gear. § 140.210 Responsibilities of the master (c) The date and time that a and crew. navigation watchstander, including Subpart I—Vessel Records (a) The safety of the towing vessel is master, officer in charge of a 140.900 Marine casualty reporting. the responsibility of the master and navigational watch, and lookout 140.905 Official logbooks. includes: assumes a watch and is relieved of a 140.910 Towing vessel record or record (1) Adherence to the provisions of the watch must be recorded in the towing specified by TSMS. COI; vessel record (TVR), official logbook, or 140.915 Items to be recorded. (2) Compliance with the applicable in accordance with the TSMS applicable Subpart J—Penalties provisions of this subchapter; to the vessel. If an engineering watch is 140.1000 Statutory penalties. (3) Compliance with the TSMS, if one maintained, comparable records 140.1005 Suspension and revocation. is applicable to the vessel; and documenting the engineering watch are required. Authority: 46 U.S.C. 3103, 3301, 3306, (4) Supervision of all persons onboard 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS in carrying out their assigned duties. § 140.405 Emergency duties and duty Delegation 0170.1. (b) If the master or officer in charge of stations. a navigational watch believes it is (a) Crewmembers must meet the Subpart A—General unsafe for the vessel to proceed, that an requirements in §§ 15.405 and 15.1105 operation endangers the vessel or crew, § 140.100 Purpose. of this chapter, as appropriate. or that an unsafe condition exists, he or (b) Any towing vessel with alternating This part contains the health, safety, she must ensure that adequate watches (shift work) or overnight and operational requirements for towing corrective action is taken and must not accommodations must identify the vessels and the crewmembers serving proceed until it is safe to do so. duties and duty stations of each person onboard them. (c) Nothing in this subpart may be onboard during an emergency, construed in a manner which limits the including: § 140.105 Applicability and delayed master or officer in charge of a implementation for existing vessels. (1) Responding to fires and flooding; navigational watch, at his or her own (2) Responding to emergencies that This part applies to all towing vessels responsibility, from diverting from the necessitate abandoning the vessel; subject to this subchapter. route prescribed in the COI or taking (3) Launching survival craft; such steps as deemed necessary and (4) Taking action during heavy (a) With the exception § 140.500, prudent to assist vessels in distress or which has a later implementation date, weather; for other emergency conditions. (5) Taking action in the event of a an existing towing vessel must comply (d) It is the responsibility of the crew with the requirements in this part no person overboard; to: (6) Taking action relative to the tow; later than either July 20, 2018 or the (1) Adhere to the provisions of the (7) Taking action in the event of date the vessel obtains a Certificate of COI; failure of propulsion, steering, or Inspection (COI), whichever date is (2) Comply with the applicable control system; earlier. provisions of this subchapter; (8) Managing individuals onboard (b) The delayed implementation (3) Comply with the TSMS, if one is who are not crewmembers; provisions in paragraph (a) of this applicable to the vessel; (9) Managing any other event or section do not apply to a new towing (4) Ensure that the master or officer in condition which poses a threat to life, vessel. charge of a navigational watch is made property, or the environment; and

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40120 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

(10) Responding to other special getting underway or as soon as (1) Participation by all crewmembers; duties essential to addressing practicable thereafter, to include: and emergencies as determined by the TSMS (a) The location, operation, and use of (2) Actual use of, or realistic applicable to the vessel, if a TSMS is lifesaving equipment; simulation of the use of, emergency used. (b) Emergency procedures; equipment. (c) The emergency duties and duty (c) Methods to notify crewmembers in (g) Recordkeeping. Records of drills stations required by this section must be the event of an emergency; and and instruction must be maintained in posted at each operating station and in (d) Prevention of falls overboard. the TVR, official logbook, or in a conspicuous location in a space accordance with the TSMS applicable to § 140.420 Emergency drills and the vessel. The record must include: commonly visited by crewmembers. If instruction. posting is impractical, such as in an (1) The date of the drill and open boat, they may be kept onboard in (a) Master’s responsibilities. The instruction; a location readily available to the crew. master of a towing vessel must ensure (2) A description of the drill scenario that drills are conducted and and instruction topics; § 140.410 Safety orientation. instructions are given to ensure that all (3) The personnel involved. (a) Personnel must meet the crewmembers are capable of performing requirements in §§ 15.405 and 15.1105 the duties expected of them during § 140.425 Fall overboard prevention. of this chapter, as appropriate. emergencies. This includes abandoning (a) The owner or managing operator of (b) Prior to getting underway for the the vessel, recovering persons from the a towing vessel must establish first time on a particular towing vessel, water, responding to onboard fires and procedures to address fall overboard each crewmember must receive a safety flooding, or responding to other threats prevention and recovery of persons in orientation on: to life, property, or the environment. the water, including, but not limited to: (1) His or her duties in an emergency; (b) Nature of drills. Each drill must, (1) Personal protective equipment; (2) The location, operation, and use of as far as practicable, be conducted as if (2) Safely working on the tow; lifesaving equipment; there was an actual emergency. (3) Safety while line handling; (3) Prevention of falls overboard; (c) Annual instruction for each crew (4) Safely moving between the vessel (4) Personal safety measures; member. Unless otherwise stated, each and a tow, pier, structure, or other (5) The location, operation, and use of crewmember must receive the vessel; and Personal Protective Equipment; instruction required by this section (5) Use of retrieval equipment. (6) Emergency egress procedures; annually. (b) The owner, managing operator, or (7) The use and operation of (d) Instructions and drills required. master must ensure that all persons on watertight and weathertight closures; The following instruction and drills are board comply with the policies and (8) Responsibilities to provide required: procedures in this section. assistance to individuals that are not (1) Response to fires, as required by § 140.430 Wearing of work vests. crewmembers; § 142.245 of this subchapter; (2) Launching of a skiff, if listed as an (a) Personnel dispatched from the (9) How to respond to emergencies vessel or that are working in an area on relative to the tow; and item of emergency equipment to abandon ship or recover a person- the exterior of the vessel without rails (10) Awareness of, and expected and guards must wear a lifejacket response to, any other hazards inherent overboard; (3) Instruction on the use of davit- meeting requirements in 46 CFR to the operation of the towing vessel 141.340, an immersion suit meeting which may pose a threat to life, launched liferafts, if installed. (4) If a rescue boat is installed, requirements in 46 CFR 141.350, or a property, or the environment. work vest approved by the Commandant (c) The safety orientation provided to instruction on how it must be launched, with its assigned crew aboard, and under 46 CFR subpart 160.053. When crewmembers who received a safety worn at night, the work vest must be orientation on another vessel may be maneuvered in the water as if during an actual man-overboard situation. equipped with a light that meets the modified to cover only those areas requirements of 46 CFR 141.340(g)(1). unique to the other vessel on which (5) Credentialed mariners holding an officer endorsement do not require Work vests may not be substituted for service will occur. the lifejackets required by 46 CFR part (d) Safety orientations and other crew instruction in accordance with paragraphs (d)(1), (3), and (4) of this 141. training must be documented in the (b) Each storage container containing TVR, official logbook, or in accordance section. (e) Alternative forms of instruction. a work vest must be marked ‘‘WORK with the TSMS applicable to the vessel. VEST’’. The entry must include: (1) Instruction as required by this (1) The date of the safety orientation section may be conducted via an § 140.435 First aid equipment. or training; electronic format followed by a Each towing vessel must be equipped (2) A general description of the safety discussion and demonstration by a with an industrial type first aid cabinet orientation or training topics; competent individual. This instruction or kit, appropriate to the size of the crew (3) The name(s) and signature(s) of may occur either on board or off the and operating conditions. Each towing individual(s) providing the orientation vessel but must include the equipment vessel operating on oceans, coastwise, or training; and that is the subject of the instruction. or Great Lakes routes must have a means (4) The name(s) of the individual(s) (2) Instruction as required by this to take blood pressure readings, splint receiving the safety orientation or section may be performed in accordance broken bones, and apply large bandages training. with the TSMS applicable to the vessel, for serious wounds. provided that it meets the minimum § 140.415 Orientation for individuals that requirements of this section. Subpart E—Safety and Health are not crewmembers. (f) Location of drills, full crew Individuals, who are not participation, and use of equipment. As § 140.500 General. crewmembers, on board a towing vessel far as practicable, drills must take place (a) No later than July 22, 2019, the must receive a safety orientation prior to on board the vessel. They must include: owner or managing operator must

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40121

implement a health and safety plan. The (1) Tools and equipment, including covering specific topics. Refresher health and safety plan must document deck machinery, rigging, welding and training may be less comprehensive, compliance with this part and include cutting, hand tools, ladders, and provided that the information presented recordkeeping procedures. abrasive wheel machinery found on is sufficient to provide employees with (b) The owner, managing operator, or board the vessel; continued understanding of workplace master must ensure that all persons on (2) Slips, trips, and falls; hazards. The refresher training of board a towing vessel comply with the (3) Working aloft; persons subject to this subpart must health and safety plan. (4) Hazardous materials; include the information and training (5) Confined space entry; prescribed in this section. § 140.505 General health and safety (6) Blood-borne pathogens and other (e) The owner, managing operator, or requirements. biological hazards; master must determine the appropriate (a) The owner or managing operator (7) Electrical; training and information to provide to must implement procedures for (8) Noise; each individual permitted on the vessel reporting unsafe conditions and must (9) Falls overboard; who is not a crewmember, relative to have records of the activities conducted (10) Vessel embarkation and the expected risk exposure of the under this section. The owner or disembarkation (including pilot individual. managing operator must maintain transfers); (f) All training required in this section records of health and safety incidents (11) Towing gear, including winches, must be documented in owner or that occur on board the vessel, capstans, wires, hawsers and other managing operator’s records. including any medical records related equipment; associated with the incidents. Upon (12) Personal hygiene; Subpart F—Vessel Operational Safety request, the owner or managing operator (13) Sanitation and safe food must provide crewmembers with handling; and § 140.600 Applicability. incident reports and the crewmember’s (14) Potable water supply. This subpart applies to all towing own associated medical records. (b) As far as practicable, the owner or vessels unless otherwise specified. (b) All vessel equipment must be used managing operator must implement Certain vessels remain subject to the in accordance with the manufacturer’s other types of safety control measures navigation safety regulations in 33 CFR recommended practice and in a manner before relying on Personal Protective part 164. that minimizes risk of injury or death. Equipment. These controls may include § 140.605 Vessel stability. This includes machinery, deck administrative, engineering, source machinery, towing gear, ladders, modification, substitution, process (a) Prior to getting underway, and at embarkation devices, cranes, portable change or controls, isolation, all other times necessary to ensure the tools, and safety equipment. ventilation, or other controls. safety of the vessel, the master or officer (c) All machinery and equipment that in charge of a navigational watch must is not in proper working order § 140.515 Training requirements. determine whether the vessel complies (including missing or malfunctioning (a) All crewmembers must be with all stability requirements in the guards or safety devices) must be provided with health and safety vessel’s trim and stability book, stability removed; made safe through marking, information and training that includes: letter, COI, and Load Line Certificate, as tagging, or covering; or otherwise made (1) Content and procedures of the applicable. unusable. owner or managing operator’s health (b) A towing vessel must be (d) Personal Protective Equipment and safety plan; maintained and operated so the (PPE). (1) Appropriate Personal (2) Procedures for reporting unsafe watertight integrity and stability of the Protective Equipment (PPE) must be conditions; vessel are not compromised. (3) Proper selection and use of PPE made available and on hand for all § 140.610 Hatches and other openings. personnel engaged in an activity that appropriate to the vessel operation; requires the use of PPE. (4) Safe use of equipment including (a) All towing vessels must be (2) PPE must be suitable for the deck machinery, rigging, welding and operated in a manner that minimizes the vessel’s intended service; meet the cutting, hand tools, ladders, and risk of down-flooding and progressive standards of 29 CFR part 1910, subpart abrasive wheel machinery found flooding. I; and be used, cleaned, maintained, and onboard the vessel; (b) The master must ensure that all repaired in accordance with (5) Hazard communication and cargo hatches, doors, and other openings manufacturer’s requirements. knowledge; designed to be watertight or weather- (3) All individuals must wear PPE (6) Safe use and storage of hazardous tight function properly. appropriate to the activity being materials and chemicals; (c) The master or officer in charge of performed; (7) Confined space entry; a navigational watch must ensure all (4) All personnel engaged in an (8) Respiratory protection; and hatches and openings of the hull and activity must be trained in the proper (9) Lockout/Tagout procedures. deck are kept tightly closed except: use, limitations, and care of the PPE (b) Individuals, other than (1) When access is needed through the specified by this subpart; crewmembers, must be provided with opening for transit; (e) The vessel, including crew’s sufficient information or training on (2) When operating on rivers with a quarters and the galley, must be kept in hazards relevant to their potential tow, if the master determines the safety a sanitary condition. exposure on or around the vessel. of the vessel is not compromised; or (c) Crewmember training required by (3) When operating on lakes, bays, § 140.510 Identification and mitigation of this section must be conducted as soon and sounds, without a tow during calm health and safety hazards. as practicable, but not later than 5 days weather, and only if the master (a) The owner or managing operator after employment. determines that the safety of the vessel must implement procedures to identify (d) Refresher training must be is not compromised. and mitigate health and safety hazards, repeated annually and may be (d) Where installed, all watertight including but not limited to: conducted over time in modules doors in watertight bulkheads must be

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00119 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40122 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

closed during the operation of the COI and the TSMS applicable to the (9) Navigation hazards such as logs, vessel, unless they are being used for vessel. wrecks or other obstructions in the transit between compartments; and Note to § 140.625. Certain towing water; (e) When downstreaming, all exterior vessels subject to § 140.625 are also (10) Any broadcast notice to mariners, openings at the main deck level must be subject to the requirements of 33 CFR safety or security zones or special closed. 164.78. navigation areas; (f) Decks and bulkheads designed to (11) Configuration of the vessel and be watertight or weathertight must be § 140.630 Lookout. tow, including handling characteristics, maintained in that condition. (a) Throughout the trip or voyage the field of vision from the pilothouse, and master and officer in charge of the activities taking place onboard; § 140.615 Examinations and tests. navigational watch must assess the (12) The knowledge, qualifications, (a) This section applies to a towing requirement for a lookout, consistent and limitations of crewmembers who vessel not subject to 33 CFR 164.80. with 33 CFR 83.05. A lookout in are assigned as members on watch and (b) Prior to getting underway, the addition to the master or mate (pilot) the experience and familiarity of master or officer in charge of a should be added when necessary to: crewmembers with the towing vessels navigational watch of the vessel must (1) Maintain a state of vigilance with particulars and equipment; and examine and test the steering gear, regard to any significant change in the (13) Any special conditions not signaling whistle, propulsion control, operational environment; covered above that impact the safety of towing gear, navigation lights, (2) Assess the situation and the risk of navigation. (b) The officer in charge of a navigation equipment, and collision/allision; navigational watch must keep the communication systems of the vessel. (3) Anticipate stranding and other This examination and testing does not navigation assessment up-to-date to dangers to navigation; and reflect changes in conditions and need to be conducted more than once in (4) Detect any other potential hazards any 24-hour period. circumstances. This includes updates to safe navigation. during the voyage or trip as necessary. (c) The results of the examination and (b) In determining the requirement for testing must be recorded in the TVR, At each change of the navigational a lookout, the officer in charge of the watch, the oncoming officer in charge of official logbook, or in accordance with navigational watch must take full the TSMS applicable to the vessel. the navigational watch must review the account of relevant factors including, current navigation assessment for § 140.620 Navigational safety equipment. but not limited to: state of weather, necessary changes. (a) This section applies to a towing visibility, traffic density, proximity of (c) The officer in charge of a vessel not subject to the requirements of dangers to navigation, and the attention navigational watch must ensure that the 33 CFR 164.82. necessary when navigating in areas of navigation assessment and any updates (b) The owner, managing operator, or increased vessel traffic. are communicated to other members of master of each towing vessel must § 140.635 Navigation assessment. the navigational watch. maintain the required navigational- (d) A navigation assessment entry (a) The officer in charge of a safety equipment in a fully-functioning, must be recorded in the TVR, official navigational watch must conduct a operational condition. log, or in accordance with the TSMS navigation assessment for the intended (c) Navigational safety equipment applicable to the vessel. The entry must route and operations prior to getting such as radar, gyrocompass, echo depth- include the date and time of the underway. The navigation assessment sounding or other sounding device, assessment, the name of the individual must incorporate the requirements of automatic dependent surveillance making the assessment, and the starting pilothouse resource management of equipment, or navigational lighting that and ending points of the voyage or trip § 140.640, assess operational risks, and fails during a voyage must be repaired that the assessment covers. anticipate and manage workload at the earliest practicable time. The Note to § 140.635. Certain towing demands. At a minimum, this vessels subject to § 140.635 are also owner, managing operator, or master assessment must consider: subject to the voyage planning must consider the state of the (1) The velocity and direction of requirements of 33 CFR 164.80. equipment (along with such factors as currents in the area being transited; weather, visibility, traffic, and the § 140.640 Pilothouse resource (2) Water depth, river stage, and tidal dictates of good seamanship) when management. deciding whether it is safe for the vessel state along the route and at mooring location; (a) The officer in charge of a to proceed. navigational watch must: (d) The failure and subsequent repair (3) Prevailing visibility and weather (1) Ensure that other members of the or replacement of navigational safety conditions and changes anticipated navigational watch have a working equipment must be recorded. The along the intended route; knowledge of the navigation assessment record must be made in the TVR, official (4) Density (actual and anticipated) of required by § 140.635, and understand logbook, or in accordance with the marine traffic; the chain of command, the decision- TSMS applicable to the vessel. (5) The operational status of making process, and the fact that pilothouse instrumentation and information sharing is critical to the § 140.625 Navigation underway. controls, to include alarms, safety of the vessel. (a) At all times, the movement of a communication systems, variation and (2) Ensure that the navigation towing vessel and its tow must be under deviation errors of the compass, and any assessment required by § 140.635 is the direction and control of a master or known nonconformities or deficiencies; complete, updated, communicated and mate (pilot) properly licensed under (6) Air draft relative to bridges and available throughout the trip. subchapter B of this chapter. overhead obstructions taking tide and (3) Ensure that watch change (b) The master or officer in charge of river stage into consideration; procedures incorporate all items listed a navigational watch must operate the (7) Horizontal clearance, to include in paragraph (a)(1) of this section. vessel in accordance with the bridge transits; (4) Take actions (to include delaying conditions and restrictions stated on the (8) Lock transits; watch change or pausing the voyage) if

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00120 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40123

there is reasonable cause to believe that (3) Parts 151, 155, and 156, of 33 CFR, reasonably available, the Officer in an oncoming watchstander is not as applicable. Charge, Marine Inspection (OCMI), immediately capable of carrying out his (b) Each towing vessel must be upon the recommendation of the vessel or her duties effectively. capable of preventing all oil spills from owner and his or her contractor or their (5) Maintain situational awareness reaching the water during transfers by: representative, must select a person and minimize distractions. (1) Pre-closing the scuppers/freeing who, in the case of an individual vessel, (b) Prior to assuming duties as officer ports, if the towing vessel is so must be authorized to make such in charge of a navigational watch, a equipped; inspection. If the inspection indicated person must: (2) Using fixed or portable that such operations can be undertaken (1) Complete the navigation containment of sufficient capacity to with safety, a certificate setting forth the assessment required by § 140.635; contain the most likely spill, if 33 CFR fact in writing and qualified as may be (2) Verify the operational condition of 155.320 does not apply; or required, must be issued by the certified the towing vessel; and (3) Pre-deploying sorbent material on marine chemist or the authorized person (3) Verify that there are adequate the deck around vents and fills. before the work is started. Such personnel available to assume the (c) No person may intentionally drain qualifications must include any watch. oil or hazardous material into the bilge (c) If at any time the officer in charge requirements as may be deemed of a towing vessel from any source. For of a navigational watch is to be relieved necessary to maintain the safe purposes of this section, ‘‘oil’’ has the when a maneuver or other action to conditions in the spaces certified avoid any hazard is taking place, the same meaning as ‘‘oil’’ defined in 33 throughout the operation and must relief of that officer in charge of a U.S.C. 1321. include such additional tests and certifications as considered required. navigational watch must be deferred § 140.660 Vessel security. until such action has been completed. Such qualifications and requirements Each towing vessel must be operated must include precautions necessary to § 140.645 Navigation safety training. in compliance with: eliminate or minimize hazards that may (a) Prior to assuming duties related to (a) The Maritime Transportation be present from protective coatings or the safe operation of a towing vessel, Security Act of 2002 (46 U.S.C. Chapter residues from cargoes. each crewmember must receive training 701); and (2) When not in such a port or place, to ensure that they are familiar with: (b) 33 CFR parts 101 and 104, as and a marine chemist or such person (1) Watchstanding terms and applicable. authorized by the OCMI, is not definitions; § 140.665 Inspection and testing required reasonably available, the inspection (2) Duties of a lookout; when making alterations, repairs, or other must be made by the master or person (3) Communication with other such operations involving riveting, welding, in charge and a proper entry must be watchstanders; burning, or like fire-producing actions. made in the vessel’s logbook. (4) Change of watch procedures; (a) The inspections and issuance of (d) The master or person in charge (5) Procedures for reporting other must secure copies of certificates issued vessels or objects; and certificates required by this section must be conducted in accordance with the by the certified marine chemist or such (6) Watchstanding safety. person authorized by the OCMI. The (b) Crewmember training must be provisions of NFPA 306 (incorporated master or person in charge must recorded in the TVR, official logbook, or by reference, see § 136.112 of this maintain a safe condition on the vessel in accordance with the TSMS applicable subchapter) before alterations, repairs, by full observance of all qualifications to the vessel. or other operations involving riveting, (c) Credentialed mariners holding welding, burning, or other fire and requirements listed by the marine Able Seaman or officer endorsements producing actions may be made aboard chemist or person authorized by the will be deemed to have met the training a vessel. OCMI in the certificate. requirements in this section. (b) Until an inspection has been made § 140.670 Use of auto pilot. to determine that such operation can be Except for towing vessels in § 140.650 Operational readiness of undertaken with safety, no alterations, lifesaving and fire suppression and compliance with requirements in 33 repairs, or other such operations detection equipment. CFR 164.13(d), when an automatic pilot involving riveting, welding, burning, or is used in areas of high traffic density, The owner, managing operator, or like fire-producing actions must be conditions of restricted visibility, or any master of a towing vessel must ensure made: other hazardous navigational situations, that the vessel’s lifesaving and fire (1) Within or on the boundaries of the master must ensure that: suppression and detection equipment cargo tanks which have been used to (a) It is possible to immediately complies with the applicable carry combustible liquid or chemicals in establish manual control of the ship’s requirements of parts 141 and 142 of bulk; steering; this subchapter and is in good working (2) Within or on the boundaries of (b) A competent person is ready at all order. fuel tanks; or, times to take over steering control; and § 140.655 Prevention of oil and garbage (3) To pipe lines, heating coils, (c) The changeover from automatic to pollution. pumps, fittings, or other appurtenances manual steering and vice versa is made (a) Each towing vessel must be connected to such cargo or fuel tanks. by, or under, the supervision of the operated in compliance with: (c) Such inspections must be made officer in charge of the navigational (1) Applicable sections of the Federal and evidenced as follows: watch. Water Pollution Control Act, including (1) In ports or places in the United section 311 of the Federal Water States or its territories and possessions Subpart G—Navigation and Pollution Control Act, as amended (33 the inspection must be made by a Communication Equipment U.S.C. 1321); marine chemist certificated by the (2) Applicable sections of the Act to National Fire Protection Association. § 140.700 Applicability. Prevent Pollution from Ships (33 U.S.C. However, if the services of such This subpart applies to all towing 1901 et seq.); and certified marine chemist are not vessels unless otherwise specified.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40124 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Certain towing vessels are also subject International Regulations for Prevention crew for carrying out their emergency to the navigation safety regulations in 33 of Collisions at Sea (COLREGS) or 33 duties. CFR part 164. CFR part 84 as appropriate to its area of operation. § 140.805 Towing safety. § 140.705 Charts and nautical Prior to getting underway, and giving publications. § 140.725 Additional navigation due consideration to the prevailing and (a) This section applies to a towing equipment. expected conditions of the trip or vessel not subject to the requirements of Towing vessels must be equipped voyage, the officer in charge of the 33 CFR 164.72. with the following equipment, as navigational watch for a towing vessel (b) A towing vessel must carry applicable to the area of operation: must ensure that: adequate and up-to-date charts, maps, (a) Fathometer (except Western (a) The barges, vessels, or objects and nautical publications for the Rivers). making up the tow are properly intended voyage, including: (b) Search light, controllable from the configured and secured; (1) Charts, including electronic charts vessel’s operating station and capable of (b) Equipment, cargo, and industrial acceptable to the Coast Guard, of illuminating objects at a distance of at components on board the tow are appropriate scale to make safe least two times the length of the tow. properly secured and made ready for navigation possible. Towing vessels (c) Electronic position-fixing device, transit; operating on the Western Rivers must satisfactory for the area in which the (c) The towing vessel is safely and have maps of appropriate scale issued vessel operates, if the towing vessel securely made up to the tow; and by the Army Corps of Engineers or a engages in towing seaward of the (d) The towing vessel has appropriate river authority; navigable waters of the U.S. or more horsepower or bollard pull and is (2) ‘‘U.S. Coast Pilot’’ or similar than 3 nautical miles from shore on the capable of safely maneuvering the tow. publication; Great Lakes. (3) Coast Guard light list; and (d) Illuminated magnetic compass or § 140.820 Recordkeeping for towing gear. (4) Towing vessels that operate the an illuminated swing-meter (Western (a) The results of the inspections Western Rivers must have river stage(s) Rivers vessels only). The compass or required by 33 CFR 164.76 must be or Water Surface Elevations as swing-meter must be readable from each documented in the TVR, official appropriate to the trip or route, as operating station. logbook, or in accordance with the published by the U.S. Army Corps of Note to § 140.725. Certain towing TSMS applicable to the vessel. Engineers or a river authority, must be vessels subject to § 140.725 are also (b) A record of the type, size, and available to the person in charge of the subject to the requirements of 33 CFR service of each towline, face wire, and navigation watch. 164.72 and Automatic Identification spring line, used to make the towing (c) Extracts or copies from the System requirements of 33 CFR 164.46. vessel fast to her tow, must be available publications listed in paragraph (b) of to the Coast Guard or third-party auditor this section may be carried, so long as Subpart H—Towing Safety for review. The following minimum they are applicable to the route. information is required in the record: § 140.800 Applicability. The dates when examinations were § 140.710 Marine radar. This subpart applies to all towing performed, the identification of each Requirements for marine radar are set vessels unless otherwise specified. item of towing gear examined, and the forth in 33 CFR 164.72. Certain vessels are also subject to the name(s) of the person(s) conducting the navigation safety regulations in 33 CFR examinations. § 140.715 Communications equipment. parts 163 and 164. (a) Towing vessels must meet the Subpart I—Vessel Records communications requirements of 33 § 140.801 Towing gear. CFR part 26 and 33 CFR 164.72, as The owner, managing operator, master § 140.900 Marine casualty reporting. applicable. or officer in charge of a navigational Each towing vessel must comply with (b) Towing vessels not subject to the watch of a towing vessel must ensure the requirements of part 4 of this provisions of 33 CFR part 26 or 33 CFR the following: chapter for reporting marine casualties 164.72 must have a Very High (a) The strength of each component and retaining voyage records. Frequency-Frequency Modulated (VHF– used for securing the towing vessel to FM) radio installed and capable of the tow and for making up the tow is § 140.905 Official logbooks. monitoring VHF–FM Channels 13 and adequate for its intended service. (a) A towing vessel of the United 16, except when transmitting or (b) The size, material, and condition States, except one on a voyage from a receiving traffic on other VHF–FM of towlines, lines, wires, push gear, port in the United States to a port in channels, when participating in a Vessel cables, and other rigging used for Canada, is required by 46 U.S.C. 11301 Traffic Service (VTS), or when making up a tow or securing the towing to have an official logbook if the vessel monitoring a channel of a VTS. The vessel to a tow must be appropriate for: is: VHF–FM radio must be installed at each (1) The horsepower or bollard pull of (1) On a voyage from a port in the operating station and connected to a the vessel; United States to a foreign port; or functioning battery backup. (2) The static loads and dynamic (2) Of at least 100 gross tons and on (c) All towing vessels must have at loads expected during the intended a voyage between a port in the United least one properly operating handheld service; States on the Atlantic Ocean and one on VHF–FM radio in addition to the radios (3) The environmental conditions the Pacific Ocean. otherwise required. expected during the intended service; (b) The Coast Guard furnishes, and without fee, to masters of vessels of the § 140.720 Navigation lights, shapes, and (4) The likelihood of mechanical United States, the official logbook as sound signals. damage. Form CG–706B or CG–706C, depending Each towing vessel must be equipped (c) Emergency procedures related to on the number of persons employed as with navigation lights, shapes, and the tow have been developed and crew. The first several pages of this sound signals in accordance with the appropriate training provided to the logbook list various acts of Congress

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40125

governing logbooks and the entries made, someone responsible for entries 141.315 Marking of survival craft and required in them. determines there is an error in an entry, stowage locations. (c) When a voyage is completed, or any entries to correct the error must 141.320 Inflatable survival craft placards. after a specified time has elapsed, the include the date and time of entry and 141.325 Survival craft equipment. 141.330 Skiffs as survival craft. master must file the official logbook name of the person making the 141.340 Lifejackets. containing required entries with the correction and must preserve a record of 141.350 Immersion suits. cognizant OCMI at or nearest the port the original entry being corrected. 141.360 Lifebuoys. where the vessel may be. Note to § 140.915. For towing vessels 141.370 Miscellaneous lifesaving subject to 46 U.S.C. 11301, there are requirements for towing vessels. § 140.910 Towing vessel record or record statutory requirements in that U.S. Code 141.375 Visual distress signals. specified by TSMS. section for additional items that must be 141.380 Emergency position indicating (a) This section applies to a towing entered in the official logbook. radio beacon (EPIRB). vessel other than a vessel operating only Regarding requirements outside this 141.385 Line throwing appliance. in a limited geographic area or a vessel subchapter, such as requirements in 33 Authority: 46 U.S.C. 3103, 3301, 3306, required by § 140.905 to maintain an CFR 151.25 to make entries in an oil 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS official logbook. record book, § 140.915 does not change Delegation 0170.1. (b) A towing vessel subject to this those requirements. section must maintain a TVR or in Subpart A—General accordance with the TSMS applicable to Subpart J—Penalties § 141.100 Purpose. the towing vessel. (c) The TVR must include a § 140.1000 Statutory penalties. This part contains requirements for chronological record of events as Violations of the provisions of this lifesaving equipment, arrangements, required by this subchapter. The TVR subchapter will subject the violator to systems, and procedures on towing may be electronic or paper. the applicable penalty provisions of vessels. (d) Except as required by §§ 140.900 Subtitle II of Title 46, and Title 18, § 141.105 Applicability and delayed and 140.905, records do not need to be United States Code. implementation for existing vessels. filed with the Coast Guard, but must be § 140.1005 Suspension and revocation. (a) This part applies to all towing kept available for review by the Coast An individual is subject to vessels subject to this subchapter. Guard upon request. Records, unless (1) An existing towing vessel must proceedings under the provisions of 46 required to be maintained for a longer comply with the requirements in this U.S.C. 7703 and 7704, and part 5 of this period by statute or other federal part no later than either July 20, 2018 or chapter with respect to suspension or regulation, must be retained for at least the date the vessel obtains a Certificate revocation of a license, certificate, 1 year after the date of the latest entry. of Inspection (COI), whichever date is document, or credential if the earlier. § 140.915 Items to be recorded. individual holds a license, certificate of (2) The delayed implementation registry, merchant mariner document, or (a) The following list of items must be provisions in paragraph (a)(1) of this merchant mariner credential and: recorded in the TVR, official logbook, or section do not apply to a new towing (a) Commits an act of misconduct, in accordance with the TSMS applicable vessel. negligence or incompetence; to the vessel: (b) A towing vessel on an (b) Uses or is addicted to a dangerous (1) Personnel records, in accordance international voyage, subject to SOLAS drug; or with § 140.400; (incorporated by reference, see (c) Violates or fails to comply with (2) Safety orientation, in accordance § 136.112 of this subchapter), must meet this subchapter or any other law or with § 140.410; the applicable requirements in regulation intended to promote marine (3) Record of drills and instruction, in subchapter W of this chapter. safety; or accordance with § 140.420; (c) Towing vessels in compliance with (d) Becomes a security risk, as (4) Examinations and tests, in SOLAS Chapter III will be deemed in described in 46 U.S.C. 7703. accordance with § 140.615; compliance with this part. (5) Operative navigational safety PART 141—LIFESAVING equipment, in accordance with Subpart B—General Requirements for § 140.620; Sec. Towing Vessels (6) Navigation assessment, in accordance with § 140.635; Subpart A—General § 141.200 General provisions. (7) Navigation safety training, in 141.100 Purpose. (a) Unless otherwise specified, all accordance with § 140.645; 141.105 Applicability and delayed lifesaving equipment must be approved (8) Oil residue discharges and implementation for existing vessels. by the Commandant under the approval disposals, in accordance with § 140.655; Subpart B—General Requirements for series specified in each section. (9) Record of inspection of towing Towing Vessels Lifesaving equipment for personal use gear, in accordance with § 140.820; and 141.200 General provisions. which is not required by this part need (10) Fire-detection and fixed fire- 141.225 Alternate arrangements or not be approved by the Commandant. extinguishing, in accordance with equipment. (b) A listing of approved equipment § 142.240. 141.230 Readiness. and materials may be found at https:// (b) For the purposes of this 141.235 Inspection, testing, and cgmix.uscg.mil/equipment. Each subchapter, if items are recorded maintenance. cognizant Officer in Charge, Marine electronically in a TVR or other record 141.240 Requirements for training crews. Inspection (OCMI) may be contacted for as specified by the TSMS applicable to Subpart C—Lifesaving Requirements for information concerning approved the towing vessel, these electronic Towing Vessels equipment and materials. entries must include the date and time 141.305 Survival craft requirements for (c) Equipment requirements are based of entry and name of the person making towing vessels. on the area in which a towing vessel is the entry. If after an entry has been 141.310 Stowage of survival craft. operating, not the route for which it is

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40126 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

certificated. However, the towing vessel § 141.235 Inspection, testing, and objectives of the regulation. Survival must be equipped per the requirements maintenance. craft must: of its certificated route at the time of (a) All lifesaving equipment must be (1) Be readily accessible; tested and maintained in accordance certification. (2) Have an aggregate capacity with the minimum requirements of sufficient to accommodate the total § 141.225 Alternate arrangements or § 199.190 of this chapter, as applicable, equipment. number of individuals onboard, as and the vessel’s TSMS, if the vessel has specified in paragraph (c) of this (a) Alternate arrangements or a TSMS. equipment to comply with this part may (b) Inspections and tests of lifesaving section; be approved in accordance with equipment must be recorded in the (3) Provide a means for sheltering its § 136.115 of this subchapter. TVR, official logbook, or in accordance complement appropriate to the route; (b) If a Towing Safety Management with any TSMS applicable to the vessel. (4) Provide minimum equipment for System (TSMS) is applicable to the The following minimum information is survival if recovery time is expected to towing vessel, alternative means for required: be greater than 24 hours; and complying with §§ 141.340, 141.350, (1) The dates when inspections and and 141.360 may be approved by a (5) Be marked so that an individual tests were performed, the number or not familiar with the operation of the third-party organization (TPO) and other identification of each unit documented in the TSMS applicable to specific survival craft has sufficient inspected and tested, the results of the guidance to utilize the craft for its the vessel. inspections and tests, and the name of (c) The Coast Guard may approve a intended use. the crewmember, surveyor or auditor (c) Compliance options. A towing novel lifesaving appliance or and any others conducting the arrangement as an equivalent if it has vessel must meet the applicable inspections and tests; and functional requirements. Compliance performance characteristics at least (2) Receipts and other records with the functional requirements of equivalent to the appliance or documenting these inspections and tests paragraph (b) of this section may be met arrangement required under this must be retained for at least 1 year after by one of these two options: subchapter, and if it has been evaluated the expiration of the COI and made and tested under IMO Resolution available upon request. (1) A towing vessel that meets the A.520(13) (incorporated by reference, prescriptive requirements of paragraph see § 136.112 of this subchapter). § 141.240 Requirements for training crews. (d) of this section will have complied Requests for evaluation of novel Training requirements are contained with the functional requirements; or lifesaving appliances must be sent to the in part 140 of this subchapter. (2) If an owner or managing operator Commandant (CG–ENG). chooses to meet the functional (d) The cognizant OCMI may require Subpart C—Lifesaving Requirements requirement through means other than a towing vessel to carry specialized or for Towing Vessels as specified in paragraph (c)(1) of this additional lifesaving equipment if: section, the means must be accepted by (1) He or she determines that the § 141.305 Survival craft requirements for towing vessels. the cognizant OCMI or, if the vessel has conditions of the voyage render the (a) General purpose. Survival craft a TSMS, then by a TPO and, in the latter requirements of this part inadequate; or case, documented in the TSMS (2) The towing vessel is operated in provide a means for survival when applicable to the vessel. The design, globally remote areas or severe evacuation from the towing vessel is testing, and examination scheme for environments not covered under this necessary. The craft and related meeting these functional requirements part. Such areas may include, but are equipment should be selected so as to must be included as part of the TSMS not limited to, polar regions, remote provide for the basic needs of the crew, applicable to the vessel. islands, areas of extreme weather, and such as shelter from life threatening other remote areas where timely elements, until rescue resources are (d) Prescriptive requirements. (1) emergency assistance cannot be expected to arrive, taking into account Except as provided in paragraphs (d)(2) anticipated. the scope and nature of the towing through (4) of this section, each towing vessel’s operations. vessel must carry the survival craft § 141.230 Readiness. (b) Functional requirements. A towing specified in Table 141.305 of this The master must ensure that all vessel’s survival craft must meet the section, as appropriate for the towing lifesaving equipment is properly functional requirements of paragraphs vessel, in an aggregate capacity to maintained and ready for use at all (b)(1) through (5) of this section. accommodate the total number of times. Functional requirements describe the individuals onboard.

TABLE 141.305—SURVIVAL CRAFT

Area of operation

Limited Great Lakes and lakes, bays, Equipment geographic and sounds as defined in Coastwise and ltd. coastwise (approval series) area or Rivers § 136.110 Oceans protected ≤3 miles >3 miles ≤ 3 miles > 3 miles waters from shore from shore from shore from shore

Cold Water Operation

Inflatable Buoyant Apparatus None 1 ...... 2 100% 2 100% ...... 2 100% (160.010). Inflatable Liferaft with SOLAS B None 1 ...... 100% ...... 100% Pack (160.151).

VerDate Sep<11>2014 19:30 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40127

TABLE 141.305—SURVIVAL CRAFT—Continued

Area of operation

Limited Great Lakes and lakes, bays, Equipment geographic and sounds as defined in Coastwise and ltd. coastwise (approval series) area or Rivers § 136.110 Oceans protected ≤3 miles >3 miles ≤ 3 miles > 3 miles waters from shore from shore from shore from shore

Inflatable Liferaft with SOLAS A None 1 ...... 100% Pack (160.151).

Warm Water Operation

Rigid Buoyant Apparatus None 1 ...... 2 100% 2 100% 2 100% 2 100% (160.010). Inflatable Liferaft with SOLAS B None 1 ...... 3 100% Pack (160.151). Inflatable Liferaft with SOLAS A None 1 ...... 100% Pack (160.151). 1 No survival craft are required unless deemed necessary by the cognizant OCMI or a TSMS applicable to the towing vessel. 2 A skiff that meets requirements in § 141.330(a) through (f) may be substituted for all or part of required equipment. 3 Inflatable buoyant apparatus (approval series 160.010) may be accepted or substituted if the vessel carries a 406 MHz Cat 1 emergency po- sition indicating radio beacon (EPIRB) meeting 47 CFR part 80.

(2) The following approved survival § 141.310 Stowage of survival craft. (a) Be capable of being launched craft may be substituted for survival Survival craft must be stowed in within 5 minutes under all craft required by Table 141.305 of this accordance with the requirements of circumstances; section: § 199.130 of this chapter, as far as is (b) Be of suitable size for all persons (i) A lifeboat approved under practicable on existing towing vessels. on board the towing vessel; approval series 160.135 may be (c) Not exceed the loading specified substituted for any survival craft § 141.315 Marking of survival craft and on the capacity plate required by 33 required by this section, provided it is stowage locations. CFR 183.23; arranged and equipped in accordance Survival craft and stowage locations (d) Not contain modifications with part 199 of this chapter. must be marked in accordance with the affecting the buoyancy or structure of (ii) An inflatable liferaft approved requirements of §§ 199.176 and 199.178 the skiff; under approval series 160.051 or of this chapter. (e) Be of suitable design for the 160.151, may be substituted for an vessel’s intended service; and inflatable buoyant apparatus or rigid § 141.320 Inflatable survival craft placards. (f) Be marked in accordance with buoyant apparatus. Every towing vessel equipped with an §§ 199.176 and 199.178 of this chapter. (iii) An inflatable buoyant apparatus inflatable survival craft must have, in § 141.340 Lifejackets. approved under approval series 160.010 conspicuous places near each inflatable (a) Each towing vessel must carry at may be substituted for a rigid buoyant survival craft, approved placards or least one appropriately-sized lifejacket, apparatus. other posted instructions for launching approved under approval series (iv) A life float approved under and inflating inflatable survival craft. 160.002, 160.005, 160.055, 160.155, or approval series 160.027 may be § 141.325 Survival craft equipment. 160.176, for each person on board. substituted for a rigid buoyant (b) For towing vessels with berthing apparatus. (a) Each item of survival craft aboard, a sufficient number of (3) Unless it is determined to be equipment must be of good quality, additional lifejackets must be carried so necessary by the cognizant OCMI under effective for the purpose it is intended that a lifejacket is immediately available § 141.225, or a TSMS applicable to the to serve, and secured to the craft. for persons at each normally manned towing vessel, each towing vessel that (b) Each towing vessel carrying a watch station. operates solely on rivers need not carry lifeboat must carry equipment in (c) Where alternative means are used survival craft if: accordance with § 199.175 of this to meet the requirements of this section, (i) It carries a 406 MHz Cat 1 EPIRB chapter. as permitted by § 141.225, there must be meeting 47 CFR part 80; (c) Each life float and rigid buoyant at least one lifejacket for each person (ii) It is designed for pushing ahead apparatus must be fitted with a lifeline, onboard. Any TSMS applicable to the and has a TSMS that contains pendants, a painter, and floating electric towing vessel must specify the number procedures for evacuating crewmembers water light approved under approval and location of lifejackets in such a onto the tow or other safe location; or series 161.010. manner as to facilitate immediate (iii) It operates within 1 mile of shore. accessibility at normally occupied (4) A towing vessel which is not § 141.330 Skiffs as survival craft. spaces including, but not limited to, required by this part to carry survival A skiff may be substituted for all or accommodation spaces and watch craft may carry a non-approved survival part of the approved survival craft for stations. craft as excess equipment, provided that towing vessels that do not operate more (d) Lifejackets must be readily it is maintained in good working than 3 miles from shore. A skiff used as accessible. condition and maintained according to a survival craft does not require Coast (e) If the towing vessel carries the manufacturer’s instructions. Guard approval but must: inflatable lifejackets they must be of

VerDate Sep<11>2014 19:30 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40128 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

similar design to each other and have that location) is readily accessible to the (5) Be orange in color, if on a vessel the same mode of operation. station or site. on an oceans or coastwise route. (f) Each lifejacket must be marked: (3) Where alternative means are used (c) Lifebuoys must have the following (1) In block capital letters with the to meet the requirements of this section, attachments and fittings: as permitted by § 141.225, there must be name of the vessel; and (1) At least one lifebuoy must have a at least one immersion suit of the (2) With Type I retro-reflective lifeline, secured around the body of the appropriate size for each person material approved under approval series lifebuoy. If more than one lifebuoy is onboard. Any TSMS applicable to the 164.018. The arrangement of the retro- carried, at least one must not have a towing vessel must specify the number reflective material must meet IMO lifeline attached. Each lifeline on a and location of immersion suits in such Resolution A.658(16) (incorporated by lifebuoy must: reference, see § 136.112 of this a manner as to facilitate immediate (i) Be buoyant; subchapter). accessibility at normally occupied (g) Lifejackets must have the spaces including, but not limited to, (ii) Be of at least 18.3 meters (60 feet) following attachments and fittings: accommodation spaces and watch in length; (1) Each lifejacket must have a stations. (iii) Be non-kinking; lifejacket light approved under approval (4) A towing vessel operating on (iv) Have a diameter of at least 7.9 rivers or in a limited geographic area is series 161.012 or 161.112 securely millimeters (5⁄16 inch); attached to the front shoulder area of the not required to carry immersion suits. (b) Immersion suits carried on towing (v) Have a breaking strength of at least lifejacket. 5 kilonewtons (1,124 pounds); and (2) Each lifejacket must have a whistle vessels must meet the requirements of (vi) Be of a dark color if synthetic, or firmly secured by a cord to the § 199.70(c) and (d) of this chapter. of a type certified to be resistant to lifejacket. § 141.360 Lifebuoys. deterioration from ultraviolet light. (h) Stowage positions for lifejackets (a) A towing vessel must carry stowed in a berthing space or stateroom (2) At least two lifebuoys on a towing lifebuoys as follows: vessel greater than 26 feet must be fitted and all lifejacket containers must be (1) A towing vessel less than 26 feet marked in block capital letters and with a floating electric water light length must carry a minimum of one approved under approval series 161.010 numbers with the minimum quantity, lifebuoy of not less than 510 millimeters identity, and, if sizes other than adult or or 161.110, unless the towing vessel is (20 inches) in diameter. limited to daytime operation, in which universal sizes are used on the vessel, (2) A towing vessel of at least 26 feet, the size of the lifejackets stowed inside case no floating electric water light is but less than 79 feet, in length must required. the container. The equipment may be carry a minimum of two lifebuoys identified in words or with the located on opposite sides of the vessel (3) If a towing vessel carries only one appropriate symbol from IMO where personnel are normally present. lifebuoy, the lifebuoy must be fitted Resolution A.760(18) (incorporated by Lifebuoys must be at least 610 with a floating electric water light reference, see § 136.112 of this millimeters (24 inches) in diameter. approved under approval series 161.010 subchapter). (3) A towing vessel 79 feet or more in or 160.110, unless the towing vessel is limited to daytime operation, in which § 141.350 Immersion suits. length must carry four lifebuoys, with one lifebuoy located on each side of the case no floating electric water light is (a) Except as provided in paragraph operating station. Lifebuoys must be at required. The water light must be (a)(4) of this section, each towing vessel least 610 millimeters (24 inches) in attached by the lanyard with a ° operating north of lat. 32 N. or south diameter. corrosion-resistant clip to allow the ° of lat. 32 S. must carry the number of (4) Where alternative means are used water light to be quickly disconnected immersion suits as prescribed in this to meet the requirements of this section, from the lifebuoy. The clip must have a paragraph (a): as permitted by § 141.225, any TSMS strength of at least 22.7 kilograms (50 (1) Each towing vessel operating in applicable to the towing vessel must pounds). those regions must carry at least one specify the number and location of (4) Each lifebuoy with a floating appropriate-size immersion suit, lifebuoys in such a manner as to electric water light must have a lanyard approved under approval series facilitate rapid deployment of lifebuoys of at least 910 millimeters (3 feet) in 160.171, for each person onboard. from exposed decks, including the pilot length, but not more than 1,830 (2) In addition to the immersion suits house. millimeters (6 feet), securing the water required under paragraph (a)(1) of this (b) Each lifebuoy on a towing vessel light around the body of the lifebuoy. section, each watch station, work must: station, and industrial work site must (1) Be approved under approval series § 141.370 Miscellaneous life saving requirements for towing vessels. have enough immersion suits to equal 160.050 or 160.150; the number of persons normally on (2) Be capable of being rapidly cast Miscellaneous lifesaving requirements watch in, or assigned to, the station or loose; are summarized in Table 141.370 of this site at one time. However, an immersion (3) Not be permanently secured to the section. Equipment requirements are suit is not required at a station or site vessel in any way; based on the area in which a towing for a person whose cabin or berthing (4) Be marked in block capital letters vessel is operating, not the route for area (and the immersion suits stowed in with the name of the vessel; and which it is certificated.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40129

TABLE 141.370—MISCELLANEOUS LIFESAVING EQUIPMENT

Area of operation Great Lakes and lakes, bays, Equipment Limited and sounds as defined in Coastwise and ltd. coastwise (46 CFR section) geographic Rivers § 136.110 Oceans area ≤ 3 miles ≤ 3 miles ≤ 3 miles > 3 miles from shore from shore from shore from shore

Visual Distress Signals 3 day and 3 3 day and 3 3 day and 3 6 day and 6 3 day and 3 6 day and 6 6 day and 6 (§ 141.375). night. night. night. night. night. night. night. EPIRBs (§ 141.380) ...... 1 1 ...... 1¥ ...... 1 ...... 1 Line Throwing Appliances ...... 1¥ ...... 1 (§ 141.385). 1 Great Lakes service only.

§ 141.375 Visual distress signals. Beacon (EPIRB) that meets the Subpart B—General Requirements for (a) Carriage requirement. A towing requirements of 47 CFR part 80. Towing Vessels vessel must carry a combination of day (b) When the towing vessel is 142.205 Alternate standards. and night visual distress signals underway, the EPIRB must be stowed in 142.210 Alternate arrangements or indicated in Table 141.370 of § 141.370 its float-free bracket with the controls equipment. for specified areas where the vessel set for automatic activation and be 142.215 Approved equipment. 142.220 Fire hazards to be minimized. operates. mounted in a manner so that it will float (b) Day and night visual distress 142.225 Storage of flammable or free if the towing vessel sinks. combustible products. signals. Hand-held red flare distress (c) The name of the towing vessel 142.226 Firefighter’s outfit. signals, approved under approval series must be marked or painted in clearly 142.227 Fire axe. 160.021 or 160.121, and hand-held legible letters on each EPIRB, except on 142.230 Hand-portable fire extinguishers rocket-propelled parachute red flares, an EPIRB in an inflatable liferaft. and semi-portable fire-extinguishing approved under approval series 160.036 systems. (d) The owner or managing operator or 160.136, are acceptable as both day 142.235 Vessels contracted for prior to must maintain valid proof of and night signals. November 19, 1952. (c) Signals for day visual distress only. registration. 142.240 Inspection, testing, maintenance, Floating orange smoke signals, approved Note to paragraph (d). Registration and records. under approval series 160.022, 160.122, information can be found at 142.245 Requirements for training crews to respond to fires. or 160.157, and hand-held orange smoke www.beaconregistration.noaa.gov/. distress signals, approved under § 141.385 Line throwing appliance. Subpart C—Fire Extinguishing and approval series 160.037, are only Detection Requirements acceptable as day signals. Each towing vessel operating in 142.300 Excepted vessels. (d) Limited geographic area. A vessel oceans and coastwise service must have 142.315 Additional fire-extinguishing operating in a limited geographic area a line throwing appliance approved equipment requirements. on a short run limited to approximately under approval series 160.040. 142.325 Fire pumps, fire mains, and fire 30 minutes away from the dock is not (a) Stowage. The line throwing hoses. required to carry visual distress signals appliance and its equipment must be 142.330 Fire-detection system requirements. under this section. readily accessible for use. (e) Stowage. Each pyrotechnic distress (b) Additional equipment. The line Authority: 46 U.S.C. 3103, 3301, 3306, signal carried to meet this section must throwing appliance must have: 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1. be stowed in either: (1) The equipment on the list (1) A portable watertight container provided by the manufacturer with the Subpart A—General carried at the operating station. Portable approved appliance; and watertight containers for pyrotechnic (2) An auxiliary line that: § 142.100 Purpose. distress signals must be of a bright color (i) Is at least 450 meters (1,500 feet) This part contains requirements for and must be clearly marked in legible long; fire suppression and detection contrasting letters at least 12.7 equipment and arrangements on towing millimeters (0.5 inches) high with (ii) Has a breaking strength of at least vessels. ‘‘DISTRESS SIGNALS’’; or 40 kilonewtons (9,000 pounds-force); and (2) A pyrotechnic locker secured § 142.105 Applicability and delayed above the freeboard deck, away from (iii) Is, if synthetic, of a dark color or implementation for existing vessels. certified by the manufacturer to be heat, in the vicinity of the operating This part applies to all towing vessels station. resistant to deterioration from ultraviolet light. subject to this subchapter. § 141.380 Emergency position indicating (a) An existing towing vessel must radio beacon (EPIRB). PART 142—FIRE PROTECTION comply with the requirements in this (a) Each towing vessel operating on part no later than either July 20, 2018 or oceans, coastwise, limited coastwise, or Sec. the date the vessel obtains a Certificate beyond 3 nautical miles from shore Subpart A —General of Inspection (COI), whichever date is upon the Great Lakes must carry a 142.100 Purpose. earlier. Category 1, 406 MHz satellite 142.105 Applicability and delayed (b) The delayed implementation Emergency Position Indicating Radio implementation for existing vessels. provisions in paragraph (a) of this

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40130 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

section do not apply to a new towing (b) A listing of approved equipment portable fire extinguishers required by vessel. and materials may be found online at Tables 142.230(d)(1) and 142.230(d)(2) https://cgmix.uscg.mil/equipment. Each of § 142.230. Subpart B—General Requirements for cognizant OCMI may be contacted for Towing Vessels information concerning approved § 142.226 Firefighter’s outfit. Each towing vessel 79 feet or more in § 142.205 Alternate standards. equipment and materials. (c) New installations of fire- length operating on oceans and (a) Towing vessels in compliance with extinguishing and fire-detection coastwise routes that does not have an Chapter II–2 of SOLAS (incorporated by equipment of a type not required, or in installed fixed fire-extinguishing system reference, see § 136.112 of this excess of that required by this part, may must have the following: subchapter) will be deemed to be in be permitted if Coast Guard approved, (a) At least two firefighter’s outfits compliance with this part. or if accepted by the local OCMI, a TPO, that meet NFPA 1971 (incorporated by (b) Towing vessels that comply with or a Nationally Recognized Testing reference, see § 136.112 of this other alternate standards, deemed by the Laboratory (NRTL). Existing equipment subchapter); and Commandant to provide an equivalent and installations not meeting the (b) Two self-contained breathing level of safety and performance, will be applicable requirements of this part may in compliance with this part. apparatus of the pressure demand, open be continued in service so long as they circuit type, approved by the National § 142.210 Alternate arrangements or are in good condition and accepted by Institute for Occupational Safety and equipment. the local OCMI or TPO. Health (NIOSH), under 42 CFR part 84. (a) Alternate arrangements or § 142.220 Fire hazards to be minimized. The breathing apparatus must have a equipment to comply with this part may minimum 30-minute air supply and full Each towing vessel must be be approved in accordance with facepiece. maintained and operated so as to § 136.115 of this subchapter. minimize fire hazards and to ensure the § 142.227 Fire axe. (b) All owners or operators of towing following: vessels with a Towing Safety Each towing vessel must be equipped (a) All bilges and void spaces are kept with at least one fire axe that is readily Management System (TSMS) may free from accumulation of combustible comply with the requirements of accessible for use from the exterior of and flammable materials and liquids the vessel. subpart B of this part by outfitting their insofar as practicable. vessels with appropriate alternate (b) Storage areas are kept free from § 142.230 Hand-portable fire extinguishers arrangements or equipment so long as accumulation of combustible and and semi-portable fire-extinguishing these variations provide an equivalent flammable materials insofar as systems. level of safety and performance and are practicable. (a) Hand-portable fire extinguishers properly documented in the TSMS. and semi-portable fire-extinguishing (c) The cognizant Officer in Charge, § 142.225 Storage of flammable or systems are classified by a combination Marine Inspection (OCMI) may require combustible products. letter and Roman numeral. The letter a towing vessel to carry specialized or (a) Paints, coatings, or other indicates the type of fire which the unit additional fire protection, suppression, flammable or combustible products could be expected to extinguish, and the or detection equipment if: onboard a towing vessel must be stored Roman numeral indicates the relative (1) He or she determines that the in a designated storage room or cabinet size of the unit. conditions of the voyage render the when not in use. requirements of this part inadequate; or (b) If a storage room is provided, it (b) For the purpose of this subchapter, (2) The towing vessel is operated in may be any room or compartment that all required hand-portable fire globally remote areas or severe is free of ignition sources. extinguishers and semi-portable fire- environments not covered under this (c) If a dedicated storage cabinet is extinguishing systems must include part. These areas may include, but are provided it must be secured to the Type B classification, suitable for not limited to, polar regions, remote vessel so that it does not move and must extinguishing fires involving flammable islands, areas of extreme weather, and be either: liquids, grease, etc. other remote areas where timely (1) A flammable liquid storage cabinet (c) The number designations for size emergency assistance cannot be that satisfies UL 1275 (incorporated by run from ‘‘I’’ for the smallest to ‘‘V’’ for anticipated. reference, see § 136.112 of this the largest. Sizes I and II are hand- subchapter); or portable fire extinguishers; sizes III, IV, § 142.215 Approved equipment. (2) A flammable liquid storage cabinet and V are semi-portable fire- (a) All hand-portable fire that satisfies FM Approvals Standard extinguishing systems, which must be extinguishers, semi-portable fire- 6050 (incorporated by reference, see fitted with hose and nozzle or other extinguishing systems, and fixed fire- § 136.112 of this subchapter); or practical means to cover all portions of extinguishing systems required by this (3) Another suitable steel container the space involved. Examples of the part must be approved by the that provides an equivalent level of sizes for some of the typical hand- Commandant (CG–ENG). Where other protection. portable fire extinguishers and semi- equipment in this part is required to be (d) A B–II portable fire extinguisher portable fire-extinguishing systems approved, such equipment requires the must be located near the storage room appear in Table 142.230(c) of this specific approval of the Commandant. or cabinet. This is in addition to the section.

TABLE 142.230(c)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS

Carbon dioxide, Dry chemical, Classification Foam, liters kilograms kilograms (gallons) (pounds) (pounds)

B–I ...... 4.75 (1.25) 2 (4) 1 (2)

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40131

TABLE 142.230(c)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued

Carbon dioxide, Dry chemical, Classification Foam, liters kilograms kilograms (gallons) (pounds) (pounds)

B–II ...... 9.5 (2.5) 7 (15) 4.5 (10) B–III ...... 45 (12) 16 (35) 9 (20) B–IV ...... 75 (20) 23 (50) 13.5 (30) B–V ...... 125 (33) 45 (100) 23 (50)

(d)(1) Towing vessels of 65 feet or less extinguishers set forth in Table in length must carry at least the 142.230(d)(1) of this section. minimum number of hand-portable fire

TABLE 142.230(d)(1)—B–I HAND-PORTABLE FIRE EXTINGUISHERS

Minimum number of B–I hand-portable fire extinguishers required 1 Length, feet No fixed Fixed fire-extinguishing sys- fire-extinguishing sys- tem in machinery tem in machinery space space

Under 26 2 ...... 1 0 26 and over, but under 40 ...... 2 1 40 and over, but not over 65 ...... 3 2 1 One B–II hand-portable fire extinguisher may be substituted for two B–I hand-portable fire extinguishers. 2 See § 136.105 of this subchapter concerning vessels under 26 feet.

(2) Towing vessels of more than 65 extinguishers set forth in Table feet in length must carry at least the 142.230(d)(2) of this section. minimum number of hand-portable fire

TABLE 142.230(d)(2)—B–II HAND-PORTABLE FIRE EXTINGUISHERS

Gross tonnage— Minimum number of B–II hand- portable fire ex- Over Not over tinguishers

...... 50 ...... 1 50 ...... 100 ...... 2 100 ...... 500 ...... 3 500 ...... 1,000 ...... 6 1,000 ...... 8

(i) In addition to the hand-portable § 142.235 Vessels contracted for prior to § 142.240 Inspection, testing, extinguishers required by paragraph November 19, 1952. maintenance, and records. (d)(2) of this section, one Type B–II (a) Towing vessels contracted for (a) Inspection and testing. All hand- hand-portable fire extinguisher must be construction prior to November 19, portable fire extinguishers, semi- fitted in the engine room for each 1,000 1952, must meet the applicable portable fire-extinguishing systems, fire- brake horsepower of the main engines or provisions of this part concerning the detection systems, and fixed fire- extinguishing systems, including fraction thereof. A towing vessel is not number and general type of equipment ventilation, machinery shutdowns, and required to carry more than six required. additional B–II extinguishers in the fixed fire-extinguishing system (b) Existing equipment and engine room for this purpose, pressure-operated dampers onboard the installations previously approved, but irrespective of horsepower. vessel, must be inspected or tested at not meeting the applicable requirements least once every 12 months, as (ii) [Reserved] for approval by the Commandant, may prescribed in paragraphs (a)(1) through (e) The frame or support of any size be continued in service so long as they (8) of this section, or more frequently if III, IV, or V semi-portable extinguisher are in good condition. otherwise required by the TSMS fitted with wheels must be welded or (c) All new installations and applicable to the vessel. otherwise permanently attached to a replacements must meet the (1) Portable fire extinguishers must be steel bulkhead or deck to prevent it from requirements of this part. tested in accordance with the rolling under heavy sea conditions. inspection, maintenance procedures and hydrostatic pressure tests required by Chapters 7 and 8 of NFPA 10, Portable

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40132 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

Fire Extinguishers (incorporated by (3) Flexible connections and system must be tested, to determine that reference, see § 136.112 of this discharge hoses on all semi-portable the system is operating properly. subchapter), with the frequency as extinguishers and fixed extinguishing (6) The fire main system must be specified by NFPA 10. In addition, systems must be inspected and tested in charged, and sufficient pressure must be carbon dioxide and Halocarbon portable accordance with § 147.65 of this verified at the most remote and highest fire extinguishers must be refilled when chapter. outlets. the net content weight loss exceeds that (4) All cylinders containing compressed gas must be tested and (7) All fire hoses must be inspected specified for fixed systems in Table for excessive wear, and subjected to a 142.240 of this section. marked in accordance with § 147.60 of this chapter. test pressure equivalent to the (2) Semi-portable and fixed fire- (5) All piping, controls, valves, and maximum service pressure. All fire extinguishing systems must be alarms must be inspected; and the hoses which are defective and incapable inspected and tested, as required by operation of controls, alarms, of repair must be destroyed. Table 142.240 of this section, in ventilation shutdowns, and pressure- (8) All smoke- and fire-detection addition to the tests required by operated dampers for each fixed fire- systems, including detectors and alarms, §§ 147.60 and 147.65 of this chapter. extinguishing system and detecting must be tested.

TABLE 142.240—SEMI-PORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS

Type system Test

Carbon dioxide ...... Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of the charge. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed carbon di- oxide systems must be tested or renewed, as required by §§ 147.60 and 147.65 of this chapter. Halon and Halocarbon ...... Recharge or replace if weight loss exceeds 5 percent of the weight of the charge or if cylinder has a pres- sure gauge, recharge cylinder if pressure loss exceeds 10 percent adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by §§ 147.60 and 147.65 or § 147.67 of this chapter. NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and serviceable condition to the satisfaction of the Coast Guard inspector. Dry Chemical (cartridge operated) Inspect pressure cartridge and replace if end is punctured or if determined to have leaked or is in an un- suitable condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is free flowing (not caked) and extinguisher contains full charge. Dry chemical (stored pressure) ...... See that pressure gauge is within operating range. If not, or if the seal is broken, weigh or otherwise deter- mine that extinguisher is fully charged with dry chemical. Recharge if pressure is low or dry chemical is needed. Foam (stored pressure) ...... See that pressure gauge, if so equipped, is within the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or foam is needed. Replace premixed agent every 3 years. Inert gas ...... Recharge or replace if cylinder pressure loss exceeds 5 percent, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to ensure they are clear. Water mist ...... Test and inspect system in accordance with the maintenance instructions in the system manufacturer’s de- sign, installation, operation, and maintenance manual.

(b) Maintenance. In addition to the (i) The dates when inspections and § 142.245 Requirements for training crews requirements in paragraph (a) of this tests were performed, the number and to respond to fires. section, all fire-suppression and any other identification of each unit (a) Drills and instruction. The master detection equipment and systems on inspected and tested, the results of the of a towing vessel must ensure that each board a towing vessel must be inspections and tests, and the name of crewmember participates in fire-fighting maintained in accordance with the the crewmember, surveyor or auditor drills and receives instruction at least attached nameplate, manufacturer’s and any others conducting the once each month. The instruction may approved design manual, or as inspections and tests, must be included. coincide with the drills, but is not otherwise provided in any TSMS (ii) Receipts and other records required to do so. All crewmembers applicable to the vessel. generated by these inspections and tests must be familiar with their fire-fighting duties, and, specifically how to: (c) Records. (1) The records of must be retained for at least 1 year and made available upon request. (1) Fight a fire in the engine room and inspections and tests of fire-detection elsewhere onboard the towing vessel, systems and fixed fire-extinguishing (2) The records of inspections and including how to: systems must be recorded in the TVR, tests of hand-portable fire extinguishers (i) Operate all of the fire-extinguishing official logbook, or in accordance with and semi-portable fire-extinguishing equipment onboard the towing vessel; any TSMS applicable to the vessel. The systems may be recorded in accordance following minimum information is with paragraph (c)(1) of this section, or (ii) Stop any mechanical ventilation on a tag attached to each unit by a system for the engine room and required: qualified servicing organization. effectively seal all natural openings to

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40133

the space to prevent leakage of the was executed prior to August 27, 2003; (e) The portable fire pump must be extinguishing agent; and or self-priming and power-driven, with: (iii) Operate the fuel shut-off(s) for the (3) Pushing a barge ahead or hauling (1) A minimum capacity of at least engine room. a barge alongside, when the barge’s 300 LPM (80 gpm) at a discharge gauge (2) Activate the general alarm; coastwise, limited coastwise, or Great pressure of not less than 414 kPa (60 (3) Report inoperative alarm systems Lakes route is restricted, as indicated on psi), measured at the pump discharge; and fire-detection systems; and its COI, so that the barge may operate (2) A sufficient amount of lined (4) Don a firefighter’s outfit and a self- ‘‘in fair weather only, within 12 miles commercial fire hose 15 meters (50 feet) contained breathing apparatus, if the of shore’’ or with words to that effect, in length, at least 40 mm (1.5 inches) in vessel is so equipped. must be equipped with either: diameter and immediately available to (b) Alternative form of instruction. (i) An approved B–V semi-portable attach to it so that a stream of water will Video training, followed by a discussion fire-extinguishing system to protect the reach any part of the vessel; and led by someone familiar with the engine room; or (3) A nozzle made of corrosion- contingencies listed in paragraph (a) of (ii) A fixed fire-extinguishing system resistant material capable of providing a this section, is an acceptable, alternative installed to protect the engine room. solid stream and a spray pattern. form of instruction. This instruction (b) A towing vessel that is certificated (f) The pump must be stowed with its may occur either onboard or off the for limited coastwise, coastwise, oceans, hose and nozzle outside of the towing vessel. or beyond 3 nautical miles from shore machinery space. (c) Participation in drills. Drills must on the Great Lakes whose contract for construction was executed on or after § 142.330 Fire-detection system take place onboard the towing vessel as requirements. if there were an actual emergency. They August 27, 2003, except for those must include: specified in paragraph (a)(3) of this (a) Fire-detection systems. Except as (1) Participation by all crewmembers; section, must be equipped with both: provided in paragraph (a)(8) of this (1) An approved B–V semi-portable (2) Breaking out and using, or section, each towing vessel must have a fire-extinguishing system to protect the simulating the use of, emergency fire-detection system installed to detect engine room; and equipment; engine room fires. The owner or (2) A fixed fire-extinguishing system managing operator must ensure the (3) Testing of all alarm and detection installed to protect the engine room. systems by operation of the test switch following: or by activation of one or more devices; § 142.325 Fire pumps, fire mains, and fire (1) Each detector, control panel, (4) Putting on protective clothing by hoses. remote indicator panel, and fire alarm at least one person, if the towing vessel Each towing vessel must have either are approved by the Commandant under is so equipped; and a self-priming, power-driven, fixed fire approval series 161.002 or listed by a (5) Functionally testing the self- pump, a fire main, and hoses and NRTL as set forth in 29 CFR 1910.7; priming capability of the portable fire nozzles in accordance with paragraphs (2) The system is installed, tested, and pump, if the towing vessel is so (a) through (d) of this section; or a maintained in accordance with the equipped. portable pump, and hoses and nozzles, manufacturer’s design manual; (d) Safety orientation. The master in accordance with paragraphs (e) and (3) The system is arranged and must ensure that each crewmember who (f) of this section. installed so a fire in the engine room has not participated in the drills (a) A fixed fire pump must be capable automatically sets off alarms on a fire required by paragraph (a) of this section of: detection control panel at the operating and received the instruction required by (1) Delivering water simultaneously station. On vessels with more than one that paragraph (a) receives a safety from the two highest hydrants, or from operating station, only one of them must orientation within 24 hours of reporting both branches of the fitting if the highest be outfitted with a fire detection control for duty. The safety orientation must hydrant has a Siamese fitting, at a pitot- panel. Any other operating station must cover the particular contingencies listed tube pressure of at least 344 kilopascals be outfitted with either a fire detection in paragraph (a) of this section. (kPa) (50 pounds per square inch (psi)), control panel or a remote indicator Note to § 142.245. See § 140.915 for and a flow rate of at least 300 liters per panel; (4) The control panel includes: requirements for keeping records of minute (lpm) (80 gallons per minute (i) A power available light; training. (gpm)); and (2) Being energized remotely from a (ii) An audible to notify crew of a fire; Subpart C—Fire Extinguishing and safe place outside the engine room and (iii) Visual alarm alarms to identify Detection Equipment Requirements at the pump. the zone or zones of origin of the fire; (b) All suction valves necessary for (iv) A means to silence the audible § 142.300 Excepted vessels. the operation of the fire main must be alarm while maintaining indication by Excepted vessels, as defined in kept in the open position or capable of the visual alarms; § 136.110 of this subchapter, need not operation from the same place where (v) A circuit-fault detector test-switch, comply with the provisions of the remote fire pump control is located. or internal supervision of circuit §§ 142.315 through 142.330. (c) The fire main must have a integrity; and sufficient number of fire hydrants with (vi) Labels for all switches and § 142.315 Additional fire-extinguishing attached hose to allow a stream of water indicator lights, identifying their equipment requirements. to reach any part of the machinery space functions. (a) A towing vessel that is: using a single length of fire hose. (5) The system draws power from two (1) Certificated for rivers, lakes, bays, (d) The hose must be a lined sources. Switchover from the primary and sounds, less than 3 nautical miles commercial fire hose 15 meters (50 feet) source to the secondary source may be from shore on the Great Lakes; or in length, at least 40 millimeters (1.5 either manual or automatic; (2) Certificated for limited coastwise, inches) in diameter, and fitted with a (6) The system serves no other coastwise, oceans or waters beyond 3 nozzle made of corrosion-resistant purpose, unless it is an engine room nautical miles from shore on the Great material capable of providing a solid monitoring system complying with Lakes, whose contract for construction stream and a spray pattern. paragraph (a)(8) of this section; and

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40134 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

(7) The design of the system and its 143.230 Alarms and monitoring. applicability of requirements in each installation on the towing vessel is 143.235 General alarms. subpart is set forth in that subpart. certified and inspected by a registered 143.240 Communication requirements. professional engineer with experience 143.245 Readiness and testing. § 143.115 Definitions. 143.250 System isolation and markings. The definitions provided in § 136.110 in fire-detection system design, by a 143.255 Fuel system requirements. technician with qualifications as a 143.260 Fuel shutoff requirements. of this subchapter apply to this part. In National Institute for Certification in 143.265 Additional fuel system addition, the following definition Engineering Technologies (NICET) level requirements for towing vessels built applies exclusively to this part: IV fire alarm engineering technician, or after January 18, 2000. Independent means the equipment is by an authorized classification society 143.270 Piping systems and tanks. arranged to perform its required with equivalent experience, to comply 143.275 Bilge pumps or other dewatering function regardless of the state of capability. operation, or failure, of other with paragraphs (a)(1) through (6) of this 143.300 Pressure vessels. section. 143.400 Electrical systems, general. equipment. (8) A towing vessel whose 143.410 Shipboard lighting. construction was contracted for prior to 143.415 Navigation lights. Subpart B—Requirements for All January 18, 2000, may use an existing 143.450 Pilothouse alerter system. Towing Vessels 143.460 Towing machinery. engine room monitoring system (with § 143.200 Applicability. fire-detection capability) instead of a Subpart C—Requirements for New Towing (a) This subpart applies to all towing fire-detection system, if the monitoring Vessels vessels subject to this subchapter. system is operable and complies with 143.500 Applicability. (b) Except as noted paragraph (c) of paragraphs (a)(2) through (7) of this 143.510 Verification of compliance with this section, which lists later section, and uses detectors listed by an design standards. implementation dates for requirements NRTL. 143.515 Towing vessels built to recognized (b) Smoke detection in berthing classification society rules. in §§ 143.450 and 143.460, an existing spaces. Each towing vessel must be 143.520 Towing vessels built to American towing vessel must comply with the equipped with a means to detect smoke Boat and Yacht Council standards. applicable requirements in this part no 143.540 Pumps, pipes, valves, and fittings in the berthing spaces and lounges that later than either July 20, 2018 or the for essential systems. date the vessel obtains a Certificate of alerts individuals in those spaces. This 143.545 Pressure vessels. may be accomplished by an installed Inspection (COI), whichever date is 143.550 Steering systems. earlier. The delayed implementation detection system, or by using individual 143.555 Electrical power sources, battery-operated detectors meeting UL generators, and motors. provisions in this section do not apply 217 (incorporated by reference, see 143.560 Electrical distribution panels and to a new towing vessel. § 136.112 of this subchapter). Detection switchboards. (c) Existing vessels must meet the systems or individual detectors must be 143.565 Electrical overcurrent protection pilothouse alerter and towing other than generators and motors. machinery requirements of §§ 143.450 kept operational at all times when the 143.570 Electrical grounding and ground crew is onboard the towing vessel. and 143.460 no later than 5 years after detection. the issuance of the first COI for the (c) Heat-detection system in galley. 143.575 Electrical conductors, connections, Each new towing vessel equipped with and equipment. vessel. a galley must have a heat-detection 143.580 Alternative electrical installations. § 143.205 General. system with one or more restorable heat- 143.585 General requirements for propulsion, steering, and related controls (a) Machinery and electrical systems sensing detectors to detect fires in the must be designed and maintained to galley. The system must be arranged to on vessels that move tank barges carrying oil or hazardous material in bulk. provide for safe operation of the towing sound an audible alarm at each 143.590 Propulsor redundancy on vessels vessel and safety of persons onboard operating station. This may be a that move tank barges carrying oil or under normal and emergency separate zone in the detection system hazardous material in bulk. conditions. required by paragraph (a) of this section, 143.595 Vessels with one propulsor that (b) The crew of each towing vessel or a separate detection system move tank barges carrying oil or hazardous material in bulk. must demonstrate the ability to operate complying with paragraphs (a)(1) and the primary and auxiliary machinery (2) of this section. 143.600 Alternative standards for vessels that move tank barges carrying oil or and electrical systems for which they PART 143—MACHINERY AND hazardous material in bulk. are responsible, and to do so under ELECTRICAL SYSTEMS AND 143.605 Demonstration of compliance on normal and emergency conditions. This vessels that move tank barges carrying EQUIPMENT includes, but is not limited to, responses oil or hazardous material in bulk. to alarms and restoration of propulsion Sec. Authority: 46 U.S.C. 3103, 3301, 3306, and steering in the event of failure. Subpart A—General 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS (c) Propulsion machinery, including Delegation No. 0170.1. main engines, reduction gears, shafting, 143.100 Purpose. bearings, and electrical equipment and 143.105 Applicability. Subpart A—General 143.115 Definitions. systems, must: § 143.100 Purpose. (1) Be maintained to ensure proper Subpart B—Requirements for All Towing operation; Vessels This part contains requirements for the design, installation, and operation of (2) Be suitable for route and service; 143.200 Applicability. and 143.205 General. primary and auxiliary machinery and electrical systems and equipment on (3) Have suitable propulsion controls 143.210 Alternate design or operational to provide the operator full control at considerations. towing vessels. 143.215 Existing vessels built to class. each operating station. 143.220 Machinery space fire prevention. § 143.105 Applicability. (d) Repairs and minor alterations to 143.225 Control and monitoring This part applies to all towing vessels existing towing vessels must be made in requirements. subject to this subchapter. The specific accordance with this part. New

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40135

installations that are not replacements (c) Flammable and combustible (5) Hydraulic steering fluid pressure, in kind must comply with the products must not be stored in if the vessel is equipped with hydraulic requirements of subpart C of this part, machinery spaces, unless they are steering systems. if applicable. stored in a suitable container that meets the requirements of § 142.225 of this § 143.235 General alarms. § 143.210 Alternate design or operational subchapter. (a) This section does not apply to an considerations. excepted vessel as defined in § 136.110 (a) Machinery or electrical systems of § 143.225 Control and monitoring of this subchapter. a novel design, unusual form, or special requirements. (b) Each towing vessel must be fitted material that cannot be reviewed or (a) Each towing vessel must have a with a general alarm that: approved in accordance with this part, means to monitor and control the (1) Is activated at each operating may be approved by the Commanding amount of thrust, rudder angle, and (if station and can notify persons onboard Officer, Marine Safety Center. It must be applicable) direction of thrust, at each in the event of an emergency; shown by systematic analysis, based on operating station. (2) Is capable of notifying persons in engineering principles, that the (b) Each towing vessel equipped with any accommodation, work space, and machinery or electrical equipment or rudder(s) must have a means to monitor the engine room; system provides an equivalent level of and control the position of the rudder(s) (3) Has installed, in the engine room safety. The owner or managing operator at each operating station. and any other area where background must submit detailed plans, material noise makes a general alarm hard to component specifications, and design § 143.230 Alarms and monitoring. hear, a supplemental flashing red light criteria, including the expected towing (a) Each towing vessel must have a that is identified with a sign that reads: vessel service and operating reliable means to provide notification ‘‘Attention General Alarm—When environment, to the Marine Safety when an emergency condition exists or Alarm Sounds or Flashes Go to Your Center. Examples of novel design an essential system develops problems Station’’; and include use of liquefied natural gas, that require attention. The following (4) A public-address (PA) system or compressed natural gas, or propane fuel alarms must be provided: other means of alerting all persons on for propulsion, and hybrid, fuel cell, or (1) Main engine low lubricating oil the towing vessel may be used in lieu battery propulsion. pressure; of the general alarm in paragraph (b) of (b) Alternate arrangements or (2) Main engine high cooling water this section if the system meets the equipment to comply with this part may temperature; requirements of paragrahs (b)(2) and (3) be approved in accordance with (3) Auxiliary generator engine low of this section. § 136.115 of this subchapter. lubricating oil pressure; § 143.240 Communication requirements. (4) Auxiliary generator engine high § 143.215 Existing vessels built to class. cooling water temperature; (a) This section does not apply to an (a) An existing towing vessel classed (5) High bilge levels; excepted towing vessel as defined in by a recognized classification society, as (6) Low hydraulic steering fluid § 136.110 of this subchapter. appropriate for the intended service and levels, if applicable; and (b) Each towing vessel must be fitted routes, is considered in compliance with a communication system between (7) Low fuel level, if fitted with a day with the machinery and electrical the pilothouse and the engine room that: tank. standards of this subpart. (1) Consists of either fixed or portable (b) Alarms must: (b) An existing vessel built and equipment, such as a sound-powered (1) Be visible and audible at each equipped to conform to a recognized telephone, portable radios, or other operating station. The alarm located at classification society’s rules, reliable method of voice the operating station may be a summary appropriate for the intended service and communication, with a main or reserve alarm; if the alarm at the operating routes, but not currently classed, may be power supply that is independent of the station is a summary alarm, the specific deemed by the Officer in Charge, Marine towing vessel’s electrical system; and alarm condition must be indicated at the Inspection (OCMI), or third-party (2) Provides two-way voice machinery or bilge location; organization (TPO), to be in compliance communication and calling between the with this part, provided that the towing (2) Have a means to test actuation at pilothouse and either the engine room vessel conforms to the class rules. each operating station or have a or a location immediately adjacent to an (c) Existing vessels meeting either continuous self-monitoring alarm exit from the engine room. paragraph (a) or (b) of this section must system which actuates if an alarm point (c) Towing vessels with more than also meet the requirements of fails or becomes disabled; one propulsion unit and independent §§ 143.245 and 143.450. (3) Continue until they are pilothouse control for all engines are not acknowledged; and required to have internal § 143.220 Machinery space fire prevention. (4) Not interfere with night vision at communication systems. (a) All seals and gaskets must be the operating station. (d) When the pilothouse engine properly maintained to prevent leaks of (c) The following systems must be controls and the access to the engine flammable or combustible liquid, as equipped with gauges at the machinery room are within 3 meters (10 feet) of those terms are defined in 46 CFR location: each other and allow unobstructed subpart 30.10, into the machinery space. (1) Main engine lubricating oil visible contact between them, direct (b) Piping and machinery components pressure and main engine RPM; voice communication is acceptable that exceed 220 °C (428 °F), including (2) Main engine cooling water instead of a communication system. fittings, flanges, valves, exhaust temperature; manifolds, and turbochargers, must be (3) Auxiliary generator engine § 143.245 Readiness and testing. insulated. Measures must be in place to lubricating oil pressure and auxiliary (a) Essential systems or equipment prevent flammable or combustible generator engine RPM; must be regularly tested and examined. liquid piping leaks from coming into (4) Auxiliary generator engine cooling Tests and examinations must verify that contact with these components. water temperature; and the system or equipment functions as

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40136 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

designed. If a component is found Towing Safety Management System of this section. The tests required by this unsatisfactory, it must be repaired or (TSMS) applicable to the vessel, if the section must be recorded in accordance replaced. Test and examination vessel has a TSMS. with part 140 of this subchapter. procedures must be in accordance with (b) Each towing vessel must perform manufacturer’s instructions or the the applicable tests in Table 143.245(b)

TABLE 143.245(b)—REQUIRED TESTS AND FREQUENCY

Tests of: Frequency:

Propulsion controls; ahead and astern at the operating station ...... Before the vessel gets underway, but no more than once in any 24 hour period. Steering controls at the operating station ...... Before the vessel gets underway, but no more than once in any 24 hour period. Pilothouse alerter system ...... Weekly. All alternate steering and propulsion controls ...... At least once every 3 months. Power supply for alarm actuation circuits for alarms required by At least once every 3 months. § 143.230. Communications required by § 143.240 ...... Weekly. General alarm if the vessel is so equipped ...... Weekly. Emergency lighting and power if the vessel is so equipped ...... At least once every 3 months. Charge of storage batteries if the vessel is so equipped, for emergency At least once every 3 months. lighting and power. Alarm setpoints ...... Twice every 5 years, with no more than 3 years elapsing since last test. Pressure vessel relief valves ...... Twice every 5 years, with no more than 3 years elapsing since last test. All other essential systems ...... At least once every 3 months.

§ 143.250 System isolation and markings. § 143.255 Fuel system requirements. the purpose of the valve and the way to Electrical equipment, piping for (a) Fuel systems for towing vessel operate it. flammable or combustible liquid, main engines and generators must have § 143.265 Additional fuel system seawater cooling, or fire-fighting a documented maintenance plan to requirements for towing vessels built after systems must be provided with isolation ensure proper operation of the system. January 18, 2000. devices and markings as follows: (b) A continuous supply of clean fuel (a) Applicability. This section applies (a) Electrical equipment must be must be provided to main propulsion to towing vessels that are not excepted provided with circuit isolation and must engines and generators. vessels, as defined in § 136.110 of this be marked as described in § 143.400. (c) The fuel system must include subchapter, and that were built after filters and/or purifiers. Where filters are (b) Electrical panels or other January 18, 2000. Except for outboard used: enclosures containing more than one engines or portable bilge or fire pumps, source of power must be fitted with a (1) A supply of spare fuel filters must each fuel system must comply with this sign warning persons of this condition be provided onboard; and section. and identifying where to secure all (2) Fuel filters must be replaced in (b) Portable fuel systems. The vessel sources. accordance with manufacturer’s must not incorporate or carry portable requirements or the vessel’s TSMS, if fuel systems, including portable tanks (c) Piping for flammable or applicable. and related fuel lines and accessories, combustible liquid, seawater cooling, or (d) Except as otherwise permitted except when used for outboard engines firefighting systems must be fitted with under § 143.210 or § 143.520, no fuel or portable bilge or fire pumps. The isolation valves that are clearly marked other than diesel fuel may be used. design, construction, and stowage of by labeling or color coding that enables portable tanks and related fuel lines and the crew to identify its function. § 143.260 Fuel shutoff requirements. accessories must comply with the ABYC (d) Any piping system that penetrates (a) This section does not apply to an H–25 (incorporated by reference, see the hull below the waterline must be excepted towing vessel as defined in § 136.112 of this subchapter). fitted with an accessible valve, located § 136.110 of this subchapter. (c) Vent pipes for integral fuel tanks. as close to the hull penetration as is (b) To stop the flow of fuel in the Each integral fuel tank must have a vent practicable, for preventing the event of a fire or break in the fuel line, that connects to the highest point of the accidental admission of water into the a remote fuel shutoff valve must be tank, discharges on a weather deck vessel either through such pipes or in fitted on any fuel line that supplies fuel through a bend of 180 degrees, and is the event of a fracture of such pipe. The directly to a propulsion engine or fitted with a 30-by-30-mesh corrosion- valve must be clearly marked by generator prime mover. resistant flame screen. Vents from two labeling or color coding that enables the (c) The valve must be installed in the or more fuel tanks may combine in a crew to identify its function. fuel piping directly outside of the fuel system that discharges on a weather (e) Color coding required by this oil supply tank. deck. The net cross-sectional area of the section may be met by complying with (d) The valve must be operable from vent pipe for the tank must be not less coding standards contained in the ISO a safe place outside the space where the than 312.3 square millimeters (0.484 14726:2008(E) (incorporated by valve is installed. square inches), for any tank filled by reference, see § 136.112 of this (e) Each remote valve control must be gravity. The cross-sectional area of the subchapter), or in accordance with the marked in clearly legible letters, at least vent pipe, or the sum of the vent areas TSMS applicable to the vessel. 25 millimeters (1 inch) high, indicating when multiple vents are used, must not

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40137

be less than that of the fill pipe cross- Any portable pump must have sufficient (b) Emergency lighting must be sectional area for any tank filled by hose length and pumping capability. All provided for all internal crew working pump pressure. installed bilge piping must have a and living areas. Emergency lighting (d) Fuel piping. Except as permitted in check/foot valve in each bilge suction sources must provide for sufficient paragraphs (d)(1) through (3) of this that prevents unintended backflooding illumination under emergency section, each fuel line must be seamless through bilge piping. conditions to facilitate egress from each and made of steel, annealed copper, space and must be either: nickel-copper, or copper-nickel. Each § 143.300 Pressure vessels. (1) Automatic, battery-operated with a fuel line must have a wall thickness no (a) Pressure vessels over 5 cubic feet duration of no less than 2 hours; or less than 0.9 millimeters (0.035 inches) in volume and over 15 pounds per (2) Non-electric, phosphorescent except for the following: square inch maximum allowable adhesive lighting strips that are (1) Aluminum piping is acceptable on working pressure (MAWP) must be installed along escape routes and an aluminum-hull towing vessel if it is equipped with an indicating pressure sufficiently visible to enable egress with at least Schedule 80 in thickness. gauge (in a readily visible location) and no power. (2) Nonmetallic flexible hose is with one or more spring-loaded relief (c) Each towing vessel must be acceptable if it: valves. The total relieving capacity of equipped with at least two portable, (i) Is used in lengths of not more than such relief valves must prevent pressure battery-powered lights. One must be 0.76 meters (30 inches); from exceeding the MAWP, as located in the pilothouse and the other (ii) Is visible and easily accessible; established by the manufacturer, by at the access to the engine room. (iii) Does not penetrate a watertight more than 10 percent. bulkhead; (b) Pressure vessels must be externally § 143.415 Navigation lights. (iv) Is fabricated with an inner tube examined annually. Relief valves must (a) Towing vessels more than 65 feet and a cover of synthetic rubber or other be tested in accordance with § 143.245. in length must use navigation lights that suitable material reinforced with wire (c) All pressure vessels must have the meet UL 1104 (incorporated by braid; and MAWP indicated by a stamp, reference, see § 136.112 of this (v) Either: nameplate, or other means visible to the subchapter) or other standards accepted (A) If designed for use with crew. by the Coast Guard. compression fittings, is fitted with (d) Pressure vessels installed after July (b) Towing vessels 65 feet or less in suitable, corrosion-resistant, 20, 2016 must meet the requirements of length may meet the requirements listed compression fittings, or fittings § 143.545. in 33 CFR 183.810 or paragraph (a) of compliant with the SAE J1475 Revised § 143.400 Electrical systems, general. this section. JUN96 (incorporated by reference, see (a) Electrical systems and equipment § 143.450 Pilothouse alerter system. § 136.112 of this subchapter); or must function properly and minimize (B) If designed for use with clamps, is (a) Except as provided in paragraph system failures and fire and shock (d) or (e) of this section, a towing vessel installed with two clamps at each end hazards. of the hose. Clamps must not rely on with overnight accommodations and (b) Installed electrical power source(s) alternating watches (shift work), when spring tension and must be installed must be capable of carrying the beyond the bead or flare or over the pulling, pushing or hauling alongside electrical load of the towing vessel one or more barges, must have a system serrations of the mating spud, pipe, or under normal operating conditions. hose fitting. to detect when its master or mate (pilot) (c) Electrical equipment must be becomes incapacitated. The system (3) Nonmetallic flexible hose marked with its respective current and complying with SAE J1942 Revised must: voltage ratings. (1) Have an alarm in the pilothouse APR2007 (incorporated by reference, see (d) Individual circuit breakers on § 136.112 of this subchapter), is also distinct from any other alarm; switchboards and distribution panels (2) Require action from the master or acceptable. must be labeled with a description of (e) Alternative standards. A towing officer in charge of a navigational watch, the loads they serve. during an interval not to exceed 10 vessel of less than 79 feet in length may (e) Electrical connections must be minutes, in order to reset the alarm comply with any of the following suitably installed to prevent them from timer; and standards for fuel systems instead of coming loose through vibration or (3) Immediately (within 30 seconds) those of paragraph (d) in this section: accidental contact. (1) ABYC H–33 (incorporated by (f) Electrical equipment and electrical notify another crewmember if the reference, see § 136.112 of this cables must be suitably protected from pilothouse alarm is not acknowledged. (b) The time interval for the system subchapter); wet and corrosive environments. alarm must be adjustable. The time may (2) Chapter 5 of NFPA 302 (g) Electrical components that pose an be adjusted by the owner or managing (incorporated by reference, see electrical hazard must be in an operator but must not be in excess of 10 § 136.112 of this subchapter); or enclosure. minutes. This time interval, and (3) 33 CFR chapter I, subchapter S (h) Electrical conductors passing information on alerter operation, must (Boating Safety). though watertight bulkheads must be installed so that the bulkhead remains be provided on board and specified in § 143.270 Piping systems and tanks. watertight. the vessel’s TSMS if applicable. Piping and tanks exposed to the (i) The connections of flexible cable (c) The system alarm may be reset outside of the hull must be made of plugs and socket outlets must be physically (e.g. a push button), or the metal and maintained in a leak free designed to prevent unintended reset may be accomplished by a link to condition. separation. other pilothouse action such as rudder or throttle control movement, or motion § 143.275 Bilge pumps or other dewatering § 143.410 Shipboard lighting. detection of personnel. capability. (a) Sufficient lighting suitable for the (d) A towing vessel need not comply There must be an installed or portable marine environment must be provided with this section if a second person is bilge pump for emergency dewatering. within crew working and living areas. provided in the pilothouse.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40138 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

(e) Towing vessels 65 feet or less in (ABS), in accordance with the ABS (8) P–4 (2004)—Marine Inboard length are not required to have a Rules for Building and Classing Steel Engines and Transmissions. pilothouse alerter system. Vessels Under 90 Meters (295 Feet) in (b) New towing vessels, 65 feet or less Length, or the ABS Rules for Building in length, built to the ABYC standards § 143.460 Towing machinery. and Classing Steel Vessels for Service (a) Towing machinery such as specified in this section are considered on Rivers and Intracoastal Waterways compliant with subpart B of this part capstans, winches, and other (incorporated by reference, see except for the readiness and testing mechanical devices used to connect the § 136.112 of this subchapter), as requirements of § 143.245. towing vessel to the tow must be appropriate for the intended service and designed and installed to maximize routes, complies with this subpart. (c) If the vessel moves tank barges control of the tow. (b) Except as noted in paragraph (c) of carrying oil or hazardous material in (b) Towing machinery for towing this section, a towing vessel built and bulk, it must meet either the astern must have sufficient safeguards, equipped to conform to the ABS rules requirements described in §§ 143.585 e.g., towing bitt with crossbar, to specified in paragraph (a) of this section through 143.595 or the requirements prevent the machinery from becoming and appropriate for the intended service described in § 143.600. disabled in the event the tow becomes and routes, but not currently classed, out of line. may be deemed by the OCMI or a TPO § 143.540 Pumps, pipes, valves, and (c) Towing machinery used to connect to be in compliance with this subpart if fittings for essential systems. the towing vessel to the tow must be it can be shown that the vessel (a) Pumps, pipes, valves, and fittings suitable for its intended service. It must continues to conform to the ABS rules. in essential systems on vessels must be capable of withstanding exposure to (c) A vessel that complies with this meet ABS Rules for Building and the marine environment, likely subpart as described in paragraph (a) or Classing Steel Vessels Under 90 Meters mechanical damage, static and dynamic (b) must also meet the requirements (295 Feet) in Length (incorporated by loads expected during intended service, described in §§ 143.585 through 143.595 the towing vessel’s horsepower, and reference, see § 136.112 of this or the requirements of § 143.600 if it subchapter), Part 4, Chapter 4. arrangement of the tow. moves tank barges carrying oil or (d) When a winch that has the hazardous material in bulk. (b) Pumps, pipes, valves, and fittings potential for uncontrolled release under (d) Vessels meeting either paragraph in essential systems on towing vessels tension is used, a warning must be in (a) or (b) of this section are considered operating exclusively on rivers or place at the winch controls that as being in compliance with subpart B intracoastal waterways may meet ABS indicates this. When safeguards of this part except for the readiness and Rules for Building and Classing Steel designed to prevent uncontrolled testing requirements of § 143.245, and Vessels for Service on Rivers and release are utilized, they must not be pilothouse alerter requirements of Intracoastal Waterways (incorporated by disabled. § 143.450. reference, see § 136.112 of this (e) Each owner or managing operator (e) Towing vessels built to other subchapter), Part 4, Chapter 3. must develop procedures to routinely recognized classification society rules, § 143.545 Pressure vessels. examine, maintain, and replace appropriate for the intended route and capstans, winches, and other machinery service, may be considered compliant (a) In lieu of meeting the requirements used to connect the towing vessel to the with provisions in this subpart upon of § 143.300, pressure vessels installed tow. approval by the Coast Guard. on new towing vessels must meet the requirements of this section. Subpart C—Requirements for New § 143.520 Towing vessels built to Towing Vessels American Boat and Yacht Council (b) Pressure vessels over 5 cubic feet standards. in volume and more than 15 psi § 143.500 Applicability. (a) Except as noted in paragraphs (b) maximum allowable working pressure (a) This subpart applies to a new and (c) of this section, a new towing must meet ABS Rules for Building and towing vessel, as defined in § 136.110 of vessel 65 feet (19.8 meters) or less in Classing Steel Vessels under 90 Meters this subchapter, unless it is an excepted length built to conform with the (295 Feet) in Length (incorporated by vessel. American Boat and Yacht Council reference, see § 136.112 of this (b) Machinery or electrical systems of (ABYC) standards listed in this subchapter), Part 4, Chapter 1, Section a novel design, unusual form, or special paragraph (a) (incorporated by 1. material must meet section § 143.210. reference, see § 136.112 of this (c) Unless otherwise noted in subchapter), complies with this subpart: § 143.550 Steering systems. §§ 143.515 and 143.520, new towing (1) E–11 (2003)—AC & DC Electrical vessels must also meet the requirements (a) Steering systems must meet ABS Systems on Boats; of subpart B of this part. Rules for Building and Classing Steel (2) H–2 (2002)—Ventilation of Boats Vessels under 90 Meters (295 Feet) in § 143.510 Verification of compliance with Using Gasoline; Length (incorporated by reference, see design standards. (2) H–22 (2005)—Electric Bilge Pump § 136.112 of this subchapter), Part 4, Verification of compliance with the Systems; Chapter 3, Section 3. machinery and electrical design (3) H–24 (2007)—Gasoline Fuel (b) Steering systems on new towing standards in this subpart is obtained by Systems; vessels operating exclusively on rivers following the provisions in §§ 144.135 (4) H–25 (2003)—Portable Gasoline or intracoastal waterways may meet through 144.145 of this subchapter. Fuel Systems; (5) H–32 (2004)—Ventilation of Boats ABS Rules for Building and Classing § 143.515 Towing vessels built to Using Diesel Fuel; Steel Vessels for Service on Rivers and recognized classification society rules. (6) H–33 (2005)—Diesel Fuel Systems; Intracoastal Waterways (incorporated by (a) Except as noted in paragraph (c) of (7) P–1 (2002)—Installation of reference, see § 136.112 of this this section, a towing vessel classed by Exhaust Systems for Propulsion and subchapter), Part 4, Chapter 2, Section the American Bureau of Shipping Auxiliary Engines; and 3.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00136 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40139

§ 143.555 Electrical power sources, generator) may be considered one of the be protected by suitable overcurrent generators, and motors. power sources required by paragraph (a) protection. (a) General requirements. (1) There of this section. (b) Specific requirements. (1) Cable must be a source of electrical power (8) Other than excepted vessels, each and wiring used in power and lighting sufficient for: towing vessel must be arranged so that circuits must have overcurrent (i) All essential systems as defined by the following essential loads can be protection that opens the circuit at the § 136.110 of this subchapter; energized from two independent standard setting closest to 80 percent of (ii) Minimum conditions of sources of electricity: the manufacturer’s listed ampacity. habitability; and (i) High bilge level alarm required by Overcurrent protection setting (iii) Other installed or portable § 143.230; exceptions allowed by NFPA’s National systems and equipment. (ii) Emergency egress lighting, unless Electrical Code (NEC), Article 240 (2) Generators and motors must be the requirements of § 143.410(b)(1) or (incorporated by reference, see suitably rated for the environment (2) are met; § 136.112 of this subchapter) may be where they operate, marked with their (iii) Navigation lights; employed. respective ratings, and suitably (iv) Pilothouse lighting; (2) If the manufacturer’s listed protected against overcurrent. (v) Engine room lighting; ampacity is not known, tables (3) A towing vessel, other than an (vi) Any installed radios and referenced in Article 310.15(B) of the excepted vessel, must have a backup or navigation equipment as required by NEC (incorporated by reference, see a second power source that has §§ 140.715 and 140.725; § 136.112 of this subchapter) must be adequate capacity to supply power to (vii) All distress alerting used, assuming a temperature rating of essential alarms, lighting, radios, communications equipment listed in 75 °C and an assumed temperature of 50 navigation equipment, and any other §§ 140.715 and 140.725; °C for machinery spaces and 40 °C for essential system identified by the (viii) Any installed fire detection other spaces. cognizant OCMI or a TPO. system; and (3) Overcurrent protection devices (b) Specific requirements. (1) The (ix) Any essential system identified by must be installed in a manner that will owner or managing operator must the cognizant OCMI or TPO, if not open the path to ground in a circuit; complete a load analysis that shows that applicable. only ungrounded conductors must be the electrical power source is sufficient (9) If a battery is used as the second protected. Overcurrent protection must to power the sum of connected loads source of electricity required by be coordinated such that an overcurrent described in paragraph (a)(1) of this paragraph (b)(8) of this section, it must situation is cleared by the circuit section utilizing an appropriate load be capable of supplying the loads for at breaker or fuse nearest to the fault. factor for each load. A record of the least three hours. There must be a (4) Each transformer must have analysis must be retained by the owner means to monitor the condition of the protection against overcurrent that or managing operator. battery backup power source. meets Article 450 of the NEC (2) Installed generators and motors (incorporated by reference, see must have a data plate listing rated § 143.560 Electrical distribution panels § 136.112 of this subchapter). kilowatts and power factor (or current), and switchboards. (5) On a towing vessel, other than an voltage, and rated ambient temperature. (a) Each distribution panel or excepted vessel as defined in § 136.110 (3) Generators must be provided with switchboard on a towing vessel must be: of this subchapter, essential systems and overcurrent protection no greater than (1) In a location that is accessible, as non-essential systems must not be on 115 percent of their rated current and dry as practicable, adequately the same circuit or share the same utilize a switchboard or distribution ventilated, and protected from falling overcurrent protective device. panel. debris and dripping or splashing water; (4) Motors must be provided with and § 143.570 Electrical grounding and ground overcurrent protection that meets Parts (2) Totally enclosed and of the dead- detection. I through VII, Article 430 of NFPA’s front type. (a) An ungrounded distribution National Electrical Code (NEC) (b) Each switchboard accessible from system must be provided with a ground (incorporated by reference, see the rear must be constructed to prevent detection system located at the main § 136.112 of this subchapter). Steering a person’s accidental contact with switchboard or distribution panel that motor circuits must be protected as per energized parts. provides continuous indication of Part 4 Chapter 6 Section 2, Regulation (c) Nonconductive mats or grating circuit status to ground, with a 11 (except 11.7) ofABS Rules for must be provided on the deck in front provision to temporarily remove the Building and Classing Steel Vessels of each switchboard and, if it is indicating device from the reference Under 90 Meters (295 feet) in Length accessible from the rear, on the deck ground. (incorporated by reference, see behind the switchboard. (b) A dual voltage or grounded § 136.112 of this subchapter). (d) Each un-insulated current-carrying electrical distribution system must have (5) Generators and motors installed in part must be mounted on the neutral suitably grounded. There machinery spaces must be certified to noncombustible, nonabsorbent, and must be only one connection to ground, operate in an ambient temperature of 50 high-dielectric insulating material. regardless of the number of power °C or be derated, or it can be shown that (e) Equipment mounted on a door of sources. This connection must be at the 40 °C ambient temperature will not be an enclosure must be constructed or main switchboard or distribution panel. exceeded in these spaces. shielded so that a person will not come (c) On a metallic towing vessel, a (6) Each generator and motor, except into accidental contact with energized grounded distribution system must be a submersible-pump motor, must be in parts. grounded to the hull. This grounded an accessible space which is adequately system must be connected to a common, ventilated and as dry as practicable, and § 143.565 Electrical overcurrent protection non-aluminum ground plate. The must be mounted above the bilges. other than generators and motors. ground plate must have only one (7) A generator driven by a main (a) General requirement. Power and connection to the main switchboard or propulsion unit (such as a shaft lighting circuits on towing vessels must distribution panel, and the connection

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00137 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40140 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

must be readily accessible for conductor splice, or extending the (c) There must be a means to stop examination. length of a circuit. each propulsion engine and steering (d) On a nonmetallic towing vessel, (5) Each cable and wire must be motor from each operating station. all electrical equipment must be installed so as to avoid or reduce (d) The means to monitor the amount grounded to a common ground. interference with radio reception and of thrust, rudder angle, and if Multiple ground plates bonded together compass indication. applicable, direction (ahead or astern) of are acceptable. (6) Each cable and wire must be thrust must be independent of the (e) Each grounding conductor of a protected from the weather. controls required by § 143.225. cable must be identified by one of the (7) Each cable and wire must be (e) The propulsion control system following means: supported in order to avoid chafing or required by § 143.225 must be designed (1) Green braid or green insulation; or other damage. so that, in the event of a single failure (2) Stripping the insulation from the (8) Each cable and wire must be of any component of the system, entire exposed length of the grounding protected by metal coverings or other propeller speed and direction of thrust conductor. suitable means, if in areas subject to are maintained or reduced to zero. (f) A towing vessel’s hull may not mechanical abuse. (f) On a towing vessel with an carry current as a conductor, except for (9) Each cable and wire must be integrated steering and propulsion an impressed-current cathodic- suitable for low temperature and high system, such as a Z-drive, the control protection system or a battery system humidity, if installed in refrigerated system required by § 143.225 must be used to start an engine. compartments. designed so that, in the event of a single (g) Cable armor may not be used to (10) Each cable and wire must be failure of any component of the system, ground electrical equipment or systems. located outside a tank, unless it supplies propeller speed and direction of thrust (h) Each receptacle outlet and power to equipment in the tank. are maintained or the propeller speed is attachment plug for a portable lamp, (11) If wire is installed in a tank, it reduced to zero. tool, or similar apparatus operating at must have sheathing or wire insulation (g) An audible and visual alarm must 100 or more volts must have a compatible with the fluid in a tank. actuate at each operating station when: grounding pole and a grounding (b) Extension cords must not be used (1) The propulsion control system conductor in the portable cord. as a permanent connection to a source fails; (i) In a grounded distribution system, of electrical power. (2) A non-follow up steering control only grounded, three-prong appliances (c) Multi-outlet adapters (power system fails, if installed; and may be used. This does not apply to strips) may not be connected to other (3) The ordered rudder angle does not double-insulated appliances or tools adapters (‘‘daisy-chained’’), or otherwise match the actual rudder position on a and appliances of 50 volts or less. used in a manner that could overload follow-up steering control system, if § 143.575 Electrical conductors, the capacity of a receptacle. installed. This alarm must have an connections, and equipment. appropriate delay and error tolerance to § 143.580 Alternative electrical (a) Each cable and wire on a towing installations. eliminate nuisance alarms. (h) Alarms must be separate and vessel must be installed to meet the In lieu of meeting the requirements of following requirements: independent of the control system §§ 143.555 through 143.575, a vessel required by § 143.225. (1) Each conductor must have may meet the following: (i) A means of communication must sufficient current-carrying capacity for (a) ABS Rules for Building and be provided between each operating the circuit in which it is used. Classing Steel Vessels Under 90 Meters station and any crewmember(s) required (2) Cable hangers for overhead and (295 Feet) in Length (incorporated by to respond to alarms. vertical cable runs must be installed reference, see § 136.112 of this (j) The two sources of electricity with metal supports and retention subchapter), Part 4, Chapter 6; or required by § 143.555(a)(3) and (b)(8) devices at least every 48 inches. (b) ABS Rules for Building and (3) Each wire and cable run must be must be capable of powering electrical Classing Steel Vessels for Service on installed in a manner to prevent contact loads needed to maintain propulsion, Rivers and Intracoastal Waterways with personnel, mechanical hazards, steering, and related controls for not less (incorporated by reference, see and leaking fluids. Wire and cable runs than 3 hours. § 136.112 of this subchapter), Part 4, must not be installed in bilges, across a (k) The second source of supply Chapter 5, if they operate exclusively on normal walking path, or less than 24 required by § 143.555(a)(3) must rivers or intracoastal waterways. inches from the path of movable automatically start to help restore or machinery (e.g., cranes, elevators, § 143.585 General requirements for maintain power to propulsion, steering, forktrucks, etc., where the machinery propulsion, steering, and related controls and related controls when the main location can change) unless adequately on vessels that move tank barges carrying power source fails. protected. oil or hazardous material in bulk. (l) Propulsion, steering, or related (4) Connections and terminations (a) There must be an alternate means controls that are directly reliant on must be suitable for the installed to control the propulsion and steering stored energy, such as compressed air, conductors, and must retain the original system which must: battery power, or hydraulic pressure, electrical, mechanical, flame-retarding, (1) Be independent of the primary must have two independent stored and where necessary, fire-resisting control required by § 143.225; energy systems, such as compressed air properties of the conductor. If twist-on (2) Be located at or near the cylinders, battery banks, or hydraulic types of connectors are used, the propulsion and steering equipment; and cylinders, that are capable of connections must be made within an (3) Be readily accessible and suitable maintaining the vessel’s propulsion, enclosure and the insulated cap of the for prolonged operation. steering, and related controls. connector must be secured to prevent (b) There must be a means to (m) After a power failure, electrical loosening due to vibration. Twist-on communicate between each operating motors used to maintain propulsion and type of connectors may not be used for station and the alternate propulsion and steering must automatically restart making joints in cables, facilitating a steering controls. when power is restored, unless remote

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00138 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40141

control starting is provided at the the tests must be retained by the owner 144.720 Crew rest consideration. operating station. or managing operator and be available Subpart H—Rails and Guards upon request of the cognizant OCMI or § 143.590 Propulsor redundancy on TPO. 144.800 Handrails and bulwarks. vessels that move tank barges carrying oil 144.810 Storm rails. or hazardous material in bulk. PART 144—CONSTRUCTION AND 144.820 Guards in dangerous places. (a) A towing vessel must be provided ARRANGEMENT 144.830 Protection against hot piping. with at least two independent Subpart I—Visibility Sec. propulsors unless the requirements of 144.905 Operating station visibility. § 143.595 are met. Subpart A—General 144.920 Window or portlight strength in a (b) There must be independent 144.100 Purpose. new vessel. controls for each propulsor at each 144.105 Applicability and delayed Authority: 46 U.S.C. 3103, 3301, 3306, operating station. implementation. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS (c) In the event of a failure of a single 144.120 A classed vessel. propulsor, the remaining propulsor(s) 144.125 A vessel with a load line. Delegation No. 0170.1. 144.130 A vessel built to the International must have sufficient power to maneuver Subpart A—General the vessel to a safe location. Convention for the Safety of Life at Sea, 1974, as amended, requirements. § 144.100 Purpose. § 143.595 Vessels with one propulsor that 144.135 Verification of compliance with move tank barges carrying oil or hazardous design standards. This part details the requirements for material in bulk. 144.140 Qualifications. design, construction and arrangement, (a) A towing vessel must have 144.145 Procedures for verification of and verification of compliance with this compliance with design standards. independent, duplicate vital auxiliaries. 144.155 Verification of compliance with part, including document review. For the purpose of this section, vital design standards for a sister vessel. auxiliaries are the equipment necessary § 144.105 Applicability and delayed 144.160 Marking. implementation. to operate the propulsion engine, and Subpart B—Structure include fuel pumps, lubricating oil This part applies to each towing pumps, and cooling water pumps. In the 144.200 Structural standards for an existing vessel subject to this subchapter. Note event of a failure or malfunction of any vessel. that §§ 144.200 and 144.300 only apply 144.205 Structural standards for a new single vital auxiliary, the propulsion vessel. to an existing vessel and that the engine must continue to provide 144.215 Special consideration. following sections only apply to a new propulsion adequate to maintain control vessel: §§ 144.205, 144.305, 144.310, of the tow. Subpart C—Stability and Watertight 144.405, 144.410, 144.420, 144.425, (b) In the event of a failure, the Integrity 144.430, 144.910, and 144.920. corresponding independent duplicate 144.300 Stability standards for an existing vessel. (a) An existing towing vessel must vital auxiliary, described in paragraph comply with § 144.320 starting July 20, (a) of this section, must be fully capable 144.305 Stability standards for a new vessel. 2016 and it must comply with the other of assuming the operation of the failed 144.310 Lifting requirements for a new applicable requirements in this part no unit. vessel. later than either July 20, 2018 or the 144.315 Weight and moment history § 143.600 Alternative standards for date the vessel obtains a Certificate of requirements for a vessel with approved vessels that move tank barges carrying oil Inspection (COI), whichever date is lightweight characteristics. or hazardous material in bulk. earlier. 144.320 Watertight or weathertight In lieu of meeting §§ 143.585 through integrity. (b) The delayed implementation 143.595, a towing vessel may comply 144.330 Review of a vessel’s watertight and provisions in paragraph (a) of this with Sections 7–5 (class ABCU) and 3– weathertight integrity. section do not apply to a new towing 5 (class R2) of Part 4 of the ABS Rules Subpart D—Fire Protection vessel. for Building and Classing Steel Vessels 144.400 Applicability. (c) Alterations or modifications made Under 90 Meters (295 Feet) in Length 144.405 Fire hazards to be minimized. to the structure or arrangements of an (incorporated by reference, see 144.410 Separation of machinery and fuel existing vessel that are a major § 136.112 of this subchapter), except tank spaces from accommodation spaces. conversion, made on or after the July 20, that a vessel that operates exclusively 144.415 Combustibles insulated from 2016, must comply with the regulations heated surfaces. on rivers or intracoastal waterways does applied to a new towing vessel of this not need to comply with 4–7–4/3.9 and 144.425 Waste receptacles. 144.430 Mattresses. part insofar as is reasonable and the automatic day tank fill pump practicable. Repairs conducted on an requirement of 4–7–4/25.3. Subpart E—Emergency Escape existing vessel, resulting in no § 143.605 Demonstration of compliance on 144.500 Means of escape. significant changes to the original vessels that move tank barges carrying oil 144.505 Location of escapes. structure or arrangement of the vessel, or hazardous material in bulk. 144.510 Window as a means of escape. must comply with the standards 144.515 One means of escape required. (a) The owner or managing operator of applicable to the vessel at the time of each towing vessel must devise test Subpart F—Ventilation construction or, as an alternative, with procedures that demonstrate 144.600 Ventilation for accommodations. the regulations in this part. 144.605 Means to stop fans and close compliance with the design and § 144.120 A classed vessel. engineering requirements prescribed in openings. this subpart. 144.610 Ventilation in a vessel more than A vessel currently classed by a 65 feet in length. (b) The tests required in paragraph (a) recognized classification society is of this section must be satisfactorily Subpart G—Crew Spaces deemed to be in compliance with the conducted and witnessed by the 144.700 General requirements. requirements of subparts B and C of this cognizant OCMI or a TPO. A record of 144.710 Overnight accommodations. part.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00139 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40142 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

§ 144.125 A vessel with a load line. § 144.130 A vessel built to the § 144.135 Verification of compliance with International Convention for the Safety of design standards. A vessel with a valid load line Life at Sea, 1974, as amended, certificate issued in accordance with requirements. Verification of compliance with the subchapter E of this chapter may be A vessel built to the International construction and arrangement design deemed in compliance with the Convention for the Safety of Life at Sea, standards of this part must be performed requirements of subparts B and C of this 1974, as amended, is considered to be according to the following table: part. in compliance with this part.

TABLE 144.135—VERIFICATION OF COMPLIANCE WITH DESIGN STANDARDS

If the vessel is— Then the applicable requirements must be met—

(a) A new vessel, ...... Before the COI is issued. (b) A vessel to undergo a major conversion or alteration to the hull, Before the major conversion or alteration is performed. machinery, or equipment that may affect the vessel’s safety, (c) A vessel on which a new installation that is not a ‘‘replacement in Before the new installation is performed. kind’’ is to be made after July 20, 2016,

§ 144.140 Qualifications. conduct a verification of compliance Use the following table to determine with design standards required by the individual or entity that may § 144.135.

TABLE 144.140

Verification of compliance with design standards may be performed by— Provided that—

(a) A registered professional engineer (P.E.) licensed by one of the The PE ensures he or she does not exceed the scope of his or her states of the United States or the District of Columbia; P.E. license. (b) An authorized classification society that has been delegated the au- The authorized classification society ensures that the employees that thority to issue the SOLAS Cargo Ship Safety Construction Certifi- perform the verification of compliance holds proper qualifications for cate under 46 CFR 8.320; the type of verification performed. (c) The Coast Guard ......

§ 144.145 Procedures for verification of entity performing the verification of (i) Propulsion and propulsion control, compliance with design standards. compliance, or otherwise indicate that including shaft details; (a) Verification of compliance with they have been reviewed and (ii) Steering and steering control, design standards, when required by determined to meet the applicable including rudder details; § 144.135, must be performed by an standards by an individual or entity (iii) Ventilation diagrams; individual or entity who meets the who meets the requirements of (iv) Fuel transfer and service system, requirements of § 144.140. § 144.140. including tanks; (b) Verification of compliance with (d) A copy of the verified plan must (v) Piping systems including: bilge, design standards must be based on be provided to the cognizant Officer in ballast, hydraulic, combustible and objective evidence of compliance with Charge, Marine Inspection (OCMI) and flammable liquids, vents, and overflows; the applicable requirements and the third-party organization (TPO) and include: conducting the surveys, if applicable, (vi) Hull penetrations and shell (1) A description of the vessel’s except as provided in paragraph (e) of connections; intended service and route; this section. (7) Electrical installation including, (2) The standards used for the vessel’s (e) Plans verified by an authorized but not limited to: design and construction; classification society need only be (i) Elementary one-line diagram of the (3) Deviations from the standards provided to the Coast Guard upon power system; used, if any; request. (ii) Cable lists; (4) A statement that the vessel is (f) If the vessel is a new vessel, a copy (iii) Type and size of generators and suitable for the intended service and of the verified plan must be available at prime movers; route; and the construction site. (iv) Type and size of generator cables, (g) As referred to in this section, the (5) The identification of the bus-tie cables, feeders, and branch term plan may include, but is not individual or entity in Table 144.140 of circuit cables; limited to drawings, documents, or § 144.140 who conducted the (v) Power and lighting panelboards diagrams of the following: verification of compliance. (1) Outboard profile. with number of circuits and rating of (c) Verification of compliance with (2) Inboard profile. energy consuming devices; design standards must include review (3) Arrangement of decks. (vi) Capacity of storage batteries; and analyses of sufficient plans, (4) Midship section and scantling (vii) Rating of circuit breakers and drawings, schematics, calculations, and plans. switches, interrupting capacity of circuit other documents to ensure the vessel (5) Survival craft embarkation breakers, and rating and setting of complies with the standards used. The stations. overcurrent devices; and plans must be stamped with the seal (6) Machinery installation, including, (viii) Electrical plant load analysis as authorized for use by the individual or but not limited to: required by § 143.555 of this subchapter.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00140 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40143

(8) Lifesaving equipment locations including size and location on vessel, have not changed since the original and installation; and other stability documents needed to verification of compliance; (9) Fire protection equipment show compliance; and (4) The sister vessel is built to the installation including, but not limited (11) Towing arrangements. same verified plans, drawings, to: (i) Fire main system plans and § 144.155 Verification of compliance with schematics, calculations, and other calculations; design standards for a sister vessel. documents and equipped with (ii) Fixed gas fire extinguishing (a) Verification of compliance machinery of the same make and model system plans and calculations; required by § 144.135 is not required for as the original vessel, and has not been (iii) Fire detecting system and smoke a sister vessel, provided that: subsequently modified; detecting system plans; (1) The original vessel has been (5) The sister vessel is built in the (iv) Sprinkler system diagram and verified as complying with this part; same shipyard facility as the original calculations; and (2) The owner authorizes the use of vessel; and (v) Portable fire extinguisher types, the plans for the original vessels for the sizes, and locations; new construction of the sister vessel; (6) For a sister vessel subject to a (10) Lines and offsets, curves of form, (3) The standards used in the design stability standard, that the conditions in cross curves of stability, tank capacities and construction of the original vessel Table 144.155 of this section are met:

TABLE 144.155

If— Then—

(i) The delivery date of the sister vessel is not more than 2 years after The approved lightweight characteristics of that earlier vessel are a previous stability test date of either the original vessel or an earlier adopted by the sister vessel; sister vessel, (ii) Paragraph (a)(6)(i) of this section does not apply, and the light- The vertical center of gravity (VCG) of the earlier vessel is adopted by weight characteristics determined from a deadweight survey of the the sister vessel and used with the lightweight displacement and sister vessel are shown to meet both the following criteria: LCG determined from the deadweight survey of the sister vessel; (A) the lightweight displacement differs by not more than 3 percent of the earlier vessel’s lightweight displacement, and (B) the longitudinal center of gravity (LCG) differs by not more than 1 percent of the length between perpendiculars (LBP) of the earlier vessel’s LCG, (iii) Neither paragraph (a)(6)(i) nor (ii) of this section apply because The vessel must undergo a stability test in accordance with 46 CFR both the criteria in paragraphs (a)(6)(ii)(A) and (B) of this section are part 170, subpart F; not met and lightweight characteristics were determined from a sta- bility test on either the original vessel or a sister vessel, (iv) No vessel of the class of sister vessels previously underwent a sta- One vessel of the class must undergo a stability test in accordance bility test, with 46 CFR part 170, subpart F, and each sister vessel to which a stability standard applies must meet either paragraph (a)(6)(ii) or (iii) of this section.

(b) A statement that verifies sister embossed as required by subchapter E of (a) The vessel is built, equipped, and vessel status for each element of this chapter. maintained to conform to the rules of a paragraph (a) of this section from an (e) Each watertight door and recognized classification society individual or entity meeting the watertight hatch must be marked on appropriate for the intended service and requirements of § 144.140 must be both sides in clearly legible letters at routes, but not classed; or retained and produced upon request. least 25 millimeters (1 inch) high: (b) The vessel has been both in ‘‘WATERTIGHT DOOR—KEEP § 144.160 Marking. satisfactory service insofar as structural CLOSED’’ or ‘‘WATERTIGHT HATCH— adequacy is concerned and does not (a) The hull of each documented KEEP CLOSED’’. cause the structure of the vessel to be vessel must be marked as required by (f) Each escape hatch and emergency part 67 of this chapter. exit used as means of escape must be questioned by either the OCMI, or TPO engaged to perform an audit or survey. (b) The hull of each undocumented marked on both sides in clearly legible vessel must be marked with its name letters at least 50 millimeters (2 inches) § 144.205 Structural standards for a new and hailing port. high: ‘‘EMERGENCY EXIT, KEEP vessel. CLEAR’’. (c) A vessel complying with either (a) Except as provided in paragraphs § 144.300(a) or § 144.305 must have Subpart B—Structure (b) and (c) of this section, a new vessels draft marks that meet the requirements must comply with the standards of § 97.40–10 of this chapter. § 144.200 Structural standards for an existing vessel. established by the American Bureau of (d) Each vessel assigned a load line Shipping (ABS) as provided in the must have the load line marks and the An existing vessel may be deemed by following table. deck line permanently scribed or the OCMI, or TPO, to be in compliance with this subpart provided that either:

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00141 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40144 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

TABLE 144.205(a)—STRUCTURAL STANDARDS FOR A NEW VESSEL

For a new vessel to be certificated for service on— ABS Rules for Building and Classing—

(1) Lakes, bays, and sounds, limited coastwise, coastwise, and oceans Steel Vessels Under 90 Meters (295 Feet) in Length (incorporated by routes; reference, see § 136.112 of this subchapter) apply; or (2) Rivers or intracoastal waterways routes ...... Steel Vessels for Service on Rivers and Intracoastal Waterways (incor- porated by reference, see § 136.112 of this subchapter) apply.

(b) Alternate design standards to (b) Operating exclusively within a stability of the vessel to be questioned comply with this subpart may be limited geographic area; or by either the Coast Guard or a TPO approved in accordance with § 136.115 (c) Of an unusual design not engaged to perform an audit or survey. of this subchapter. contemplated by the rules of the (2) The vessel performs successfully (c) The current standards of a American Bureau of Shipping or other on operational tests to determine recognized classification society, other recognized classification society. whether the vessel has adequate than ABS, may be used provided they stability and handling characteristics. are accepted by the Coast Guard as Subpart C—Stability and Watertight (3) The vessel has a satisfactory providing an equivalent level of safety. Integrity stability assessment by means of giving (d) The structural standard selected § 144.300 Stability standards for an due consideration to each item that must be applied throughout the vessel existing vessel. impacts a vessel’s stability including design, construction, characteristics which include, but are installation, maintenance, alteration, (a) The owner or managing operator of not limited to, the form, arrangement, and repair. Deviations are subject to an existing vessel operating under a construction, number of decks, route, approval by the Commanding Officer, stability document must be able to and operating restrictions of the vessel. Marine Safety Center. readily produce a copy of such document. § 144.305 Stability standards for a new § 144.215 Special consideration. (b) The owner or managing operator of vessel. The cognizant OCMI may give special an existing vessel not operating under a Each new vessel must meet the consideration to the structural stability document must be able to show applicable stability requirements of part requirements for a vessel if that vessel at least one of the following: 170 and, if applicable, of part 173, is: (1) The vessel’s operation or a history subpart E, of this chapter in addition to (a) Not greater than 65 feet in length; of satisfactory service does not cause the the requirements in the following table:

TABLE 144.305—STABILITY STANDARDS FOR A NEW VESSEL

Each new vessel certificated to operate on— Must meet the requirements of—

(a) Protected waters ...... § 170.173(e)(2) of this chapter. (b) Partially protected waters ...... §§ 170.170 and 170.173(e)(1) of this chapter. (c) Exposed waters or that is assigned a load line ...... §§ 170.170 and 174.145 of this chapter.

§ 144.310 Lifting requirements for a new Gravity (LCG) and Vertical Center of (b) When the aggregate weight change vessel. Gravity (VCG)) must be maintained. All is more than 2 percent of the vessel’s Each new vessel equipped for lifting weight modifications to the vessel approved lightweight displacement, or must meet the requirements of part 173, (additions, removals, and relocations) the recalculated change in the vessel’s subpart B, of this chapter. including a calculation of the aggregate lightweight LCG is more than 1 percent weight change (absolute total of all of the LBP, a deadweight survey must be § 144.315 Weight and moment history additions, removals, and relocations) performed to determine the vessel’s requirements for a vessel with approved must be recorded in the history, along current lightweight displacement and lightweight characteristics. with a description of the change(s), LCG. Use the following table to (a) A weight and moment history of when and where accomplished, moment determine when the deadweight survey changes to the vessel since approval of arms, etc. After each modification, the results or the vessel’s aggregate weight its lightweight characteristics lightweight characteristics must be change requires the vessel to undergo a (displacement, Longitudinal Center of recalculated. specified stability test:

TABLE 144.315

If— Then—

(1) The deadweight survey results are both within 1 percent of the re- the recalculated lightweight VCG can be accepted as accurate; calculated lightweight displacement and within 1 percent LBP of the recalculated lightweight LCG, (2) The deadweight survey results do not meet the criteria of paragraph the vessel must undergo a stability test in accordance with 46 CFR (b)(1) of this section, 170, subpart F; (3) The aggregate weight change is more than 10 percent of the ves- the vessel must undergo a stability test in accordance with 46 CFR sel’s approved lightweight displacement, 170, subpart F.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00142 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40145

§ 144.320 Watertight or weathertight § 144.430 Mattresses. § 144.605 Means to stop fans and close integrity. openings. Each mattress must comply with (a) Each vessel fitted with installed either: Means must be provided for stopping bulwarks around the exterior of the (a) The Consumer Product Safety each fan in a ventilation system serving main deck must have sufficient freeing Commission Standard for Mattress machinery spaces and for closing, in ports or scuppers or a combination of case of fire, each doorway, ventilator, freeing ports and scuppers to allow Flammability (FF 4–72, Amended), 16 CFR part 1632, subpart A, and not and annular space around funnels and water to run off the deck quickly other openings into such spaces. without adversely affecting the stability contain polyurethane foam; or of the vessel. (b) IMO Resolution A.688(17) § 144.610 Ventilation in a vessel more than (b) Closure devices must be provided (incorporated by reference, see 65 feet in length. § 136.112 of this subchapter) in which for deckhouse or hull penetrations, A vessel of more than 65 feet (19.8 case the mattress may contain which open to the exterior of the vessel meters) in length with overnight polyurethane foam. and which may allow water to enter the accommodations must have a vessel. These devices must be suitable Subpart E—Emergency Escape mechanical ventilation system unless a for the expected route. natural system, such as opening § 144.330 Review of a vessel’s watertight § 144.500 Means of escape. windows, portholes, or doors, will and weathertight integrity. Where practicable and except as provide adequate ventilation in ordinary The cognizant OCMI may require provided in § 144.515, each space where weather. review of a vessel’s watertight and crew may be quartered or normally Subpart G—Crew Spaces weathertight integrity. This review may employed must have at least two means be performed by an individual who of escape. Arrangements on an existing § 144.700 General requirements. meets the requirements of § 144.140. vessel may be retained if it is The review may include an examination impracticable or unreasonable to (a) A crew accommodation space and of a plan that shows the original provide two means of escape. a work space must be of sufficient size, placement of decks and bulkheads. adequate construction, and with § 144.505 Location of escapes. suitable equipment to provide for the Subpart D—Fire Protection The two required means of escape safe operation of the vessel and the must be widely separated and, if protection and accommodation of the § 144.400 Applicability. crew in a manner practicable for the Except for § 144.415, which applies to possible, at opposite ends or sides of the space. Means may include normal and size, facilities, service, route, and modes each new and existing vessel, this of operation of the vessel. subpart applies to each new towing emergency exits, passageways, (b) The deck above a crew vessel. stairways, ladders, deck scuttles, doors, and windows. accommodation space must be located § 144.405 Fire hazards to be minimized. above the deepest load waterline. § 144.510 Window as a means of escape. Each vessel must be designed and § 144.710 Overnight accommodations. constructed to minimize fire hazards On a vessel of 65 feet (19.8 meters) or insofar as reasonable and practicable. less in length, a window or windshield Overnight accommodations must be of sufficient size and proper provided for crewmembers if it is § 144.410 Separation of machinery and accessibility may be used as one of the operated more than 12 hours in a 24- fuel tank spaces from accommodation hour period, unless the crew is put spaces. required means of escape from an enclosed space, provided it: ashore and the vessel is provided with Machinery and fuel tank spaces must a new crew. be separated from accommodation (a) Does not lead directly overboard; spaces by bulkheads. Doors may be (b) Is suitably marked; and § 144.720 Crew rest consideration. installed provided they are the self- (c) Has a means to open the window The condition of the crew closing type. or break the glass. accommodations must consider the § 144.415 Combustibles insulated from § 144.515 One means of escape required. importance of crew rest. Factors to heated surfaces. consider include vibrations, ambient Only one means of escape is required light, noise levels, and general comfort. Internal combustion engine exhaust from a space where: ducts, galley exhaust ducts and similar Every effort must be made to ensure that (a) The space has a deck area less than ignition sources must be insulated with quarters help provide a suitable 30 square meters (322 square feet); noncombustible insulation if less than environment for sleep and off-duty rest. (b) There is no stove, heater, or other 450 mm (18 inches) away from Subpart H—Rails and Guards combustible material. Installations in source of fire in the space; accordance with ABYC P–1 or NFPA (c) The means of escape is located as § 144.800 Handrails and bulwarks. 302 (incorporated by reference, see far as possible from a machinery space (a) Rails or equivalent protection must § 136.112 of this subchapter) will be or fuel tank; and be installed near the periphery of all considered as meeting the requirements (d) If an accommodation space, the decks accessible to crew. Equivalent of this section. single means of escape does not include a deck scuttle or a ladder. protection may include lifelines, wire § 144.425 Waste receptacles. rope, chains, and bulwarks that provide Unless other means are provided to Subpart F—Ventilation strength and support equivalent to fixed ensure that a potential waste receptacle rails. fire would be limited to the receptacle, § 144.600 Ventilation for accommodations. (b) In areas where space limitations waste receptacles must be constructed Each accommodation space on a make deck rails impractical, such as at of noncombustible materials with no vessel must be ventilated in a manner narrow catwalks in way of deckhouse openings in the sides or bottom. suitable for the purpose of the space. sides, hand grabs may be substituted.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00143 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40146 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations

§ 144.810 Storm rails. (b) Means must be provided to ensure (b) Any covering or protection placed On a vessel in oceans or coastwise that windows immediately forward of over a window or porthole that could be service, suitable storm rails or hand the operating station in the pilothouse used as a means of escape must be able grabs must be installed in all allow for adequate visibility to ensure to be readily removed or opened from passageways and at the deckhouse sides safe navigation regardless of weather within the space. where persons onboard might have conditions. This may include (c) Glass and other glazing materials normal access. mechanical means such as windshield used in windows of a new towing vessel wipers, defoggers, clear-view screens, or must be materials that will not break § 144.820 Guards in dangerous places. other such means, taking into into dangerous fragments if fractured. An exposed hazard such as gears and consideration the intended route of the rotating machinery, must be protected vessel. PART 199—LIFESAVING SYSTEMS (c) The field of vision from the by a cover, guard or rail. This is not FOR CERTAIN INSPECTED VESSELS operating station on a new vessel must meant to restrict access to towing extend over an arc from dead ahead to ■ 14. The authority citation for part 199 equipment such as winches, drums, at least 60 degrees on either side of the continues to read as follows: towing gear or steering compartment vessel. Authority: 46 U.S.C. 3306, 3703; Pub. L. equipment necessary for the operation (d) If a new vessel is towing astern, of the vessel. 103–206, 107 Stat. 2439; Department of the operating station must be provided Homeland Security Delegation No. 0170.1. § 144.830 Protection against hot piping. with a view aft. (e) In a new vessel, glass or other ■ 15. In § 199.01, redesignate Each exhaust pipe from an internal glazing material used in windows at the paragraphs (a)(3) and (4) as paragraphs combustion engine which is within operating station must have a light (a)(4) and (5), respectively, and add new reach of personnel must be insulated or transmission of not less than 70 percent paragraph (a)(3) to read as follows: otherwise guarded to prevent burns. On according to Test 2 of ANSI/SAE Z § 199.01 Purpose. a new vessel, each pipe that contains 26.1–1996 (incorporated by reference, vapor, gas, or liquid that has a see § 136.112 of this subchapter) and (a) * * * temperature exceeding 150 °F (65.5 °C) must comply with Test 15 of ANSI/SAE (3) Towing vessels, which are covered which is within reach of personnel must Z 26.1–1996 for Class I Optical by subchapter M of this chapter; be insulated where necessary or Deviation. * * * * * otherwise guarded to prevent injury. § 144.920 Window or portlight strength in ■ 16. Amend § 199.10 as follows: Subpart I—Visibility a new vessel. ■ a. Revise Table 199.10(a); and (a) Each window or portlight, and its ■ b. In paragraph (b) after the words § 144.905 Operating station visibility. means of attachment to the hull or the ‘‘small passenger vessels;’’ add the (a) Windows and other openings at deckhouse, must be capable of words ‘‘towing vessels;’’. the operating station must be of withstanding the maximum expected The revision reads as follows: sufficient size and properly located to load from wind and waves, due to its provide a clear field of vision for safe location on the vessel and the vessel’s § 199.10 Applicability. operation in any condition. authorized route. (a) * * *

TABLE 199.10(a)—LIFESAVING REQUIREMENTS FOR INSPECTED VESSELS

1 46 CFR Vessel Vessel Subchapter W subparts applicable Row Other 2 subchapter type service A B C D E F

1 ...... D ...... Tank ≥500 tons ...... International voy- X X ...... X ...... age 3. 2 ...... D ...... Tank <500 tons ...... International voy- X X ...... X X X age 3. 3 ...... D ...... Tank ...... All other services ... X X ...... X X X 4 ...... H ...... Passenger ...... International voy- X X X ...... age 3. 5 ...... H ...... Passenger ...... Short Inter’l voy- X X X ...... age 3. 6 ...... H ...... Passenger ...... All other services ... X X X ...... X X 7 ...... I ...... Cargo ≥500 tons .... International voy- X X ...... X ...... age 3. 8 ...... I ...... Cargo <500 tons .... International voy- X X ...... X X X age 3. 9 ...... I ...... Cargo ...... All other services ... X X ...... X X X 10 ...... I–A ...... MODU ...... All ...... 46 CFR part 108. 11 ...... K ...... Small Passenger .... International voy- X X X ...... age 3. 12 ...... K ...... Small Passenger .... Short Inter’l voy- X X X ...... age 3. 13 ...... K ...... Small Passenger .... All other services ...... 46 CFR part 117. 14 ...... L ...... Offshore Supply ..... All ...... 46 CFR part 133. 15 ...... M ...... Towing Vessels ...... International voy- X X ...... X ...... age 3. 16 ...... M ...... Towing Vessels ...... All other ...... 46 CFR part 141.

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00144 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40147

TABLE 199.10(a)—LIFESAVING REQUIREMENTS FOR INSPECTED VESSELS—Continued

1 46 CFR Vessel Vessel Subchapter W subparts applicable Row Other 2 subchapter type service A B C D E F

17 ...... R—Part 167 ...... Public Nautical International voy- X X X 4 X5 ...... School. age 3. 18 ...... R—Part 167 ...... Public Nautical All other services ... X X X 4 X5 X X School. 19 ...... R—Part 168 ...... Civilian Nautical International voy- X X X 4 X5 ...... School. age 3. 20 ...... R—Part 168 ...... Civilian Nautical All other services ... X X X 4 X5 X X School. 21 ...... R—Part 169 ...... Sailing School ...... All services ...... 46 CFR 169.500. 22 ...... T ...... Small Passenger .... International voy- X X X ...... age 3. 23 ...... T ...... Small Passenger .... Short Int’l voyage 3 X X X ...... 24 ...... T ...... Small Passenger .... All other services ...... 46 CFR part 180. 25 ...... U ...... Oceanographic Res International voy- X X X 4 X5 ...... age 3. 26 ...... U ...... Oceanographic Res All other services ... X X X 4 X5 X X Notes: 1 Subchapter W of this chapter does not apply to inspected nonself-propelled vessels without accommodations or work stations on board. 2 Indicates section where primary lifesaving system requirements are located. Other regulations may also apply. 3 Not including vessels solely navigating the Great Lakes of North America and the Saint Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian. 4 Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size. 5 Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

* * * * * Dated: May 25, 2016. Paul F. Zukunft, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 2016–12857 Filed 6–10–16; 4:15 pm] BILLING CODE 9110–04–P

VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00145 Fmt 4701 Sfmt 9990 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES