Inspection of Towing Vessels

SUMMARY: The Coast Guard is establishing safety regulations governing the inspection, standards, and safety management systems of towing vessels. We are taking this action because the Coast Guard and Maritime Transportation Act of 2004 reclassified towing vessels as vessels subject to inspection and authorized the Secretary of the Department of Homeland Security to establish requirements for a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels. This rule, which includes provisions covering specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third-party organizations, and procedures for obtaining Certificates of Inspection, will become effective July 20, 2016. However, certain existing towing vessels subject to this rule will have an additional 2 years before having to comply with most of its requirements.

DATES: This final rule is effective July 20, 2016. The incorporation by reference of certain publications listed in the final rule is approved by the Director of the Federal Register on July 20, 2016.

ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2006-24412 and are available on the Internet by going to http://www.regulations.gov, inserting USCG-2006-24412 in the "Keyword" box, and then clicking "Search."

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call LCDR William Nabach, Project Manager, CG-OES-2, Coast Guard, telephone 202-372-1386.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations

II. Executive Summary

A. Purpose and Authority

B. Overview of Rule

C. Costs and Benefits

III. Regulatory History

A. Statutory Background

B. Regulatory Background

IV. Discussion of Comments and Changes

A. General Feedback on the NPRM

B. Background and Need for Regulation

C. Organization, General Course, and Methods Governing Marine Safety Functions (Part 1)

D. User Fees and Inspection Table (Part 2)

E. Manning (Part 15)

F. Certification/Definitions/Applicability (Part 136)

G. Vessel Compliance (Part 137)

H. Towing Safety Management System (TSMS) (Part 138)

I. Third-Party Organizations (TPOs) (Part 139)

J. Operations (Part 140)

K. Lifesaving (Part 141)

L. Fire Protection (Part 142)

M. Machinery and Electrical (Part 143)

N. Construction and Arrangement (Part 144)

O. Miscellaneous Comments

P. Crew Endurance Management Systems (CEMS)

Q. Economic Analysis Comments

V. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates Reform Act

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards and 1 CFR Part 51

M. Environment

I. Abbreviations

2004 Act Coast Guard and Maritime Transportation Act of 2004

2010 Act Coast Guard Authorization Act of 2010

2012 Act Coast Guard and Maritime Transportation Act of 2012

ABS American Bureau of Shipping

ABSG American Bureau of Shipping Group

ABYC American Boat and Yacht Council

AED Automatic External Defibrillator

ANSI American National Standards Institute

AWO American Waterways Operators

BLS Bureau of Labor Statistics

CEMS Crew Endurance Management System

COI Certificate of Inspection

COTP Captain of the Port

DHS Department of Homeland Security

EPIRB Emergency Position Indicating Radio Beacon

FAST Fatigue Avoidance Scheduling Tool

FR Federal Register

FRFA Final regulatory flexibility assessment

gpm gallons per minute

GRT Gross register tons

HIPAA Health Insurance Portability and Accountability Act of 1996

HOS Hours of Service

IMO International Maritime Organization

IRFA Initial regulatory flexibility analysis

ISM International Safety Management

ISO International Organization for Standardization

kPa Kilopascals

LBP Length Between Perpendiculars

LCG Longitudinal Center of Gravity

LORAN Long Range Aid to Navigation

lpm liters per minute

MISLE Marine Information for Safety and Law Enforcement

MMC Merchant Mariner Credential

MOU Memorandum of Understanding

MTSA Maritime Transportation Security Act of 2002

NAMS National Association of Marine Surveyors

NARA National Archives and Records Administration

NEC National Electrical Code

NICET National Institute for Certification in Engineering Technologies

NFPA National Fire Protection Association

NPRM Notice of Proposed Rulemaking

NRTL Nationally Recognized Testing Laboratory

NTSB National Transportation Safety Board

NVIC Navigation and Vessel Inspection Circular

OCMI Officer in Charge, Marine Inspection

OIRA Office of Information and Regulatory Affairs

OMB Office of Management and Budget

OSHA Occupational Safety and Health Administration

P.E. Professional Engineer

PFD Personal Flotation Device

PIC Person in charge

PPE Personal Protective Equipment

psi pounds per square inch

RFA Regulatory Flexibility Act

SEC Section

SAE Society of Automotive Engineers

SAMS Society of Accredited Marine Surveyors

SMS Safety Management System

SBA Small Business Administration

SOLAS International Convention for the Safety of Life at Sea, 1974, as amended

STCW Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements

TPO Third-party organization

TSAC Towing Safety Advisory Committee

TSMS Towing Safety Management System

TVR Towing vessel record

U.S.C. United States Code

UWILD Underwater inspection in lieu of drydocking

VCG Vertical Center of Gravity

VHF Very High Frequency

VSL Value of a statistical life

VTS Vessel Traffic Service

II. Executive Summary

A. Purpose and Authority

In 2004, Congress reclassified towing vessels as vessels subject to inspection under part B of subtitle II of title 46, United States Code (U.S.C.), and authorized the Secretary of Homeland Security to establish requirements for the inspection of towing vessels, their possible use of safety management systems (SMS) and hours of service requirements for them. The legislative history, which pointed to the need for a "full safety inspection of towing vessels," references two towing vessel incidents involving a total of 19 deaths. In September 2001, a towing vessel struck a bridge at South Padre Island, TX. The bridge collapsed, and 5 people died when their cars or trucks went into the water. On May 26, 2002, a towing vessel struck the I-40 highway bridge over the Arkansas River at Webber Falls, OK. The bridge collapsed, and 14 people died when their cars or trucks went into the Arkansas River. 150 Cong. Rec. H6469-01, 2004 WL 1630278; and H.R. Conf. Rep. 108-617, 2004 U.S.C.C.A.N. 936, 951.

This final rule implements most provisions of the Notice of Proposed Rulemaking (NPRM)(76 FR 49976, Aug. 11, 2011) as proposed, but makes changes to address concerns of the public and industry expressed in comments, as is explained below. This rule is authorized and made necessary by the Coast Guard and Maritime Transportation Act of 2004 (2004 Act), Public Law 108-293, 118 Stat. 1028 (Aug. 9, 2004), which made towing vessels subject to inspection. Six years later, the Coast Guard Authorization Act of 2010 (2010 Act), Public Law 111-281, 124 Stat. 2905 (Oct. 15, 2010), directed the Secretary to issue a notice of proposed rulemaking and a final rule.

B. Overview of Rule

This rule creates a comprehensive safety system that includes company compliance, vessel compliance, vessel standards, and oversight in a new Code of Federal Regulations (CFR) subchapter dedicated to towing vessels. This rule, which (with exceptions) generally applies to all U.S.-flag towing vessels 26 feet or more, and those less than 26 feet moving a barge carrying oil or hazardous material in bulk, lays out both inspection mechanisms as well as new equipment, construction, and operational requirements for towing vessels.

--This is a summary of a Federal Register article originally published on the page number listed below--

Final rule.

CFR Part: "46 CFR Parts 1, 2, 15, 136, 137, 138, 139, 140, 141, 142, 143, 144, and 199"

RIN Number: "RIN 1625-AB06"

Citation: "81 FR 40004"

Document Number: "Docket No. USCG-2006-24412"

Federal Register Page Number: "40004"

"Rules and Regulations"