Table Of ContentTOWING VESSEL NAVIGATIONAL SAFEH
ACT OF 1993
^ING
Y 4. M 53: 103-86
FORETHE
Touing Vessel Navigational Safety ^••• TMTTTpp QM
COAST GUARD AND NAVIGATION
COMMITTEE ON
MERCHANT MAEINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
H.R. 3282
A BILL TO AMEND TITLE 46, UNITED STATES CODE,
TO IMPROVE TOWING VESSEL NAVIGATIONAL
SAFFETY
MARCH 3, 1994
Serial No. 103-86
Printed for the use ofthe Committee on Merchant Marine and Fisheries
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1994
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice.Washington,DC 20402
ISBN 0-16-044264-8
7
TOWING VESSEL NAVIGATIONAL SAFETY
ACT OF 1993
^ING
' 4, M 53; 103-86
FORETHE
ouing Vessel Navigational Safety '^^•• /rMTTTJ]J] QM
COAST GUAED AND NAVIGATION
OFTHE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
SECOND SESSION
ON
H.R. 3282
A BILL TO AMEND TITLE 46, UNITED STATES CODE,
TO IMPROVE TOWING VESSEL NAVIGATIONAL
SAFFETY
MARCH 3, 1994
t%
Serial No. 103-86 - ^ "^
Printed for the use ofthe Committee on Merchant Marine and Fisheries
U.S. GOVERNMENT PRINTING OFFICE
78-530CC*^ WASHINGTON : 1994
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice.Washington,DC 20402
ISBN 0-16-044264-8
COMMITTEE ON MERCHANT MARINE AND FISHERIES
GERRYE. STUDDS,Massachusetts,Chairman
WEIALRLLIHAUMTJT.OH,UFGlHorEiSda,NewJersey JDAOCNKYFOIUENLDGS,,ATleaxsaksa
WWTSOGFG.IHEORRWJL.OOLAEELMRNOGN(IGAKBMALIESBOMLA.PNLUAJJYOP..GL.)IPHL.HMCLTLOOAKOIAINENCRPUNETTITHZ,,TINOIB,ZSNNRTJK,r,e,VIU.xiT,,ErLaeNgoCsNxIeiulaKenliwsiiwNsnaioEYaiJoRsnerar,kseNyewYork HJHJCAWRIEAUROAAMRMRTWNYBETHDSANSEAUYERWRXRDMETT"T.L.ODRCDHNUAIGO.,OKVNIBENEHBLLN",ONACEeFEHT,CwPELREUe,N,EMJnNoSenArOJNrTsrNtksyI,.hle,l,NyavMCGSahVaaonioHrrruimoAygtalailhMinan,inCaaadCraolliifnoarnia
JOLENEUNSOELD,Washington JACKKINGSTON,Georgia
GENETAYLOR,Mississippi TILLIE K. FOWLER,Florida
JACKREED,RhodeIsland MICHAELN. CASTLE, Delaware
H. MARTIN LANCASTER,NorthCarolina PETERT. KING,NewYork
THOMASH.ANDREWS,Maine LINCOLNDIAZ-BALART,Florida
ELIZABETHFURSE,Oregon RICHARDW. POMBO, CaUfomia
LYNNSCHENK,California HELENDELICHBENTLEY,Maryland
GENEGREEN,Texas CHARLESH.TAYLOR,NorthCarolina
ALCEE L. HASTINGS,Florida PETERG.TORKILDSEN,Massachusetts
DANHAMBURG, California
BLANCHE M. LAMBERT,Arkansas
ANNAG. ESHOO,California
THOMASJ. BARLOW,III, Kentucky
BARTSTUPAK,Michigan
BENNIE G. THOMPSON,Mississippi
MARIACANTWELL,Washington
PETERDEUTSCH,Florida
GARYL.ACKERMAN,NewYork
JeffreyR. Pike, ChiefofStaff
ThomasR. Kitsos,ChiefCounsel
MaryJ. FuscoKitsos,ChiefClerk
HarryF. Burroughs,MinorityStaffDirector
Subcommittee on Coast Guardand Navigation
W.J. (BILLY)TAUZIN Louisiana,Chairman
WEIALRLLIHAUMTJT.OH,UFGlHorEiSd,a NewJersey HHEORWBAERRDTCHO.BBLAE,TENMoArtNh,CVairrogiUnniaa
HTB.AHROMTAMRASTSTIUJNP.ALBKAA,NRCMLiAOcShWTiEgIaRIIn,,KNeonrttuhcCkayrolina WTMIIALCYLHNIAEEEKLT..FNG.OIWCLLACESHRTRL,EES,FTl,oDreMildaaarwyalraend
WILLIAMO. LIPINSKI, Illinois PETERT. KING,NewYork
OGFERWOAERNNGKEB.PAJP.LILHCOOKNECETH,TB,RJrVU.i,ErgCNiKeniwNaEJRer,seNyewYork LJRIAINMCCEHOASLRMND.DWII.NAHPZO-OFBMEAB,LOA,ORkTCl,aalhiFflooomrraniidaa
GREGLAUGHLIN,Texas JACKFIELDS,Texas(ExOfficio)
LYNNSCHENK,Cahfornia
ALCEE L. HASTINGS,Florida
BLANCHE M. LAMBERT,Arkansas
GENETAYLOR,Mississippi
GERRYE. STUDDS,Massachusetts
(ExOfficio)
ElizabethMegginson, StaffDirector/Counsel
JamesL.Adams,ProfessionalStaff
EdLee,MinorityProfessionalStaff
(II)
CONTENTS
Page
HearingheldMarch3, 1994 1
TextofH.R. 3282 36
Statementof:
Allegretti,ThomasA.,President,AmericanWaterwaysOperators 24
Preparedstatement 54
Coble, Hon. Howard, a U.S. Representative from North Carolina, and
RankingMinorityMember,SubcommitteeonCoastGuardandNaviga-
tion 4
Fields,Hon.Jack,aU.S.RepresentativefromTexas,andRankingMinor-
ityMember,CommitteeonMerchantMarineandFisheries 5
Gouveia, John M., Regional Director, Inlandboatmen's Union ofthe Pa-
cific, Marine Division, International Longshoremen's and
Warehousemen'sUnion(preparedstatement) 83
Henn, R.Adm. Arthur E., Chief, U.S. Coast Guard, Office of Marine
Safety,SecurityandEnvironmentalProtection 6
Kornegay, H. Thomas, Executive Director, The Port ofHoustonAuthor-
ity 28
Preparedstatement '3
Lambert,Hon.BlancheM.,aU.S.RepresentativefromArkansas 18
Lipinski,Hon.WiUiamO.,aU.S.RepresentativefromlUinois,andChair-
man,SubcommitteeonMerchantMarine 6
Peha,Federico,Secretary,DepartmentofTransportation 6
Preparedstatement 39
Pombo,Hon.RichardW.,aU.S.RepresentativefromCalifornia 6
Powers, Ann, Vice President and General Counsel, Chesapeake Bay
Foundation,presentingstatementofWilliamSchrenk 27
Schenk,Hon. Lynn,aU.S.Representativefrom.California 4
Schrenk, WilUam, Senior Consulting Attorney, Natural Resources De-
fenseCouncil,Incorporated(preparedstatement) 66
Smith, Jeffrey C, Executive Director, Committee for Private Offshore
RescueandTowing 30
Preparedstatement 76
Studds, Hon. Gerry E., a U.S. Representative from Massachusetts, and
Chairman,CommitteeonMerchantMarineandFisheries 1
SuttoPnr,epCaarpet.dJstoahtnemR.e,ntPresident,AmericanInlandMarinersAssociation . 2660
Tauzin, Hon. W.J. (Billy), a U.S. Representative from Louisiana, and
Chairman,SubcommitteeonCoastGuardandNavigation 3
Walton, Capt. John, Executive Assistant to the President, International
Organization of Masters, Mates & Pilots, ILA, AFL-CIO (prepared
statement) 78
Additionalmaterialsupplied:
ApplicationofSensorsinMonitoringVesselMovementandPosition 90
Associated Press article: "Pilot in Amtrak Disaster Failed Test Seven
Times" 86
DOT:
CleanupcostinPuertoRicooilspill 24
CoastGuardinitiatingrulemakings 16
Navigablewatersdefined 22
Reviewofmarinesafetyissues 12
Warningsigninstalled 17, 23
Lancaster,Hon.H.Martin:
Proposed amendment to Towing Vessel Navigational Safety Act of
1994byJeffreyC. Smith 95
Page
—
Additionalmaterialsupplied C—ontinued
Lancaster,Hon.H.Martin Continued
QuestionsforCoastGuardwitness 94
O'Conner Engineering, Inc.: The Application of Sensors in Monitoring
VesselMovementandPosition 96
Communicationssubmitted:
Kramer,WalterM. (AIMU): LetterofMarch 7, 1994,toHon.W.J. (Billy)
Tauzin A";;" ^'^
Pena,Federico(DOT):LetterofDecember 10, 1993,toHon.GerryStudds
withenclosure 47
TOWING VESSEL NAVIGATIONAL SAFETY
ACT OF 1993
THURSDAY, MARCH 3, 1994
House of Representatives,
Subcommittee on Coast Guardand Navigation,
Committee on Merchant Marine and Fisheries,
Washington, DC.
The Subcommittee met, pursuant to call, at 10:10 a.m., in room
1334, Longworth House Office Building, Hon. Gerry E. Studds
(Chairman, Committee on Merchant Marine and Fisheries) presid-
ing.
Present: Representatives Tauzin, Hughes, Barlow, Stupak,
Hochbrueckner, Schenk, Lambert, Coble, Gilchrest, and King.
Also Present: Representative Studds, exofficio.
Staff Present: Jeffrey Pike, Chief of Staff; Mary Kitsos, Chief
Clerk; Sue Waldron, Press Secretary; Elizabeth Megginson, Staff
Director; Matt Szigety, Coast Guard Fellow; Catherine Tucker,
Legislative Clerk; Bill Wright, Professional Staff; Jim Adams, Pro-
fessional Staff; Douglas Cheramie, Professional Staff; Joan
Bondareff, Senior Counsel; Lee Crockett, Professional Staff; Harry
Burroughs, Minority Staff Director; Cyndy Wilkinson, Minority
Chief Counsel; Ed Lee, Minority Professional Staff; Rebecca Dye,
Minority Counsel andMargheritaWoods, StaffAssistant.
Mr. Studds. [Presiding] The Subcommittee will come to order.
STATEMENT OF HON. GERRY E. STUDDS, A U.S. REPRESENTA-
TIVE FROM MASSACHUSETTS, AND CHAIRMAN, COMMITTEE
ONMERCHANTMARINEANDFISHERIES
Mr. Studds. Because our Subcommittee Chair is apparently,
along with much of the metropolitan area, on the 14th Street
Bridge at the moment and on his way and more likely to arrive
soon, and because the Secretary has a limited amount oftime, we
are goingtobegin the hearing.
I welcome you, Mr. Secretary. We havebeen workingclosely with
you on maritime reform and a number of other projects and this
isyourfirst appearance, I guess, before any component ofthis com-
mittee. I welcomeyou and extend averywarm andverypermanent
invitation to return at any time you wish.
What brings you to us today is your refreshing leadership in the
efforts to improve the safety ofour tug and barge industry and the
initiative you took immediately after the tragic Amtrak accident
near Mobile, Alabama, to insure that all agencies of your depart-
ment are coordinatingtheir activities to enhance safety.
(1)
When the Sunset Limited derailed because a barge hit a railroad
bridge, as you know, 47 people lost their lives. Tragedies of this
magnitude do not occur every day, but barge accidents apparently
do happen on a dailybasis.
According to the Coast Guard, more than 12,900 accidents in-
volving uninspected towing vessels occurred between 1980 and
1991, which is an average ofnearlythree perday.
We are only on the third day ofthe third month ofthis year and
already we have seen several serious accidents. On January 7th
the barge, Morris J. Berman, adrift after its tow line broke, struck
a coral reef off the coast of San Juan and spilled 600,000 gallons
ofoil.
On January 19th, the barge struck a railroad bridge near Amel-
ia, Louisiana, knocking its railroad tracks six inches out of align-
ment. Fortunately, the bridge tender notified Amtrak and the Sun-
set Limited, the very train that had crashed in September the year
before, was stopped 10 minutes awayfrom that damagedbridge.
On February 10th, the tug, Edwin Bisso, struck the ferry, St.
John, on the Mississippi River near New Orleans injuring 12 peo-
ple, and on February 24th, the tug, John J.D., capsized and sank
in the Ohio River near Ashland, Kentucky. Fortunately, the tug's
two-man crew was rescued unharmed.
Why are there so many accidents involvingtugs andbarges? Part
ofthe problem is that these vessels are what the Coast Guard calls
uninspected towing vessels. Aside from the obvious lack ofinspec-
tion, this means these vessels have only minimal equipment re-
quirements. Forexample, they don't have to carry a radar, compass
or charts. They have only minimal manning requirements. They
enjoy licensing requirements that are among the most lenient in
the maritime industry.
Mr. Tauzin has introduced a bill, as I am sure he will confess,
H.R. 3282, which addresses some of these problems. It is a good
first step and I support it, but the bill does not address two impor-
tant safety issues, inspection and manning. Every other segment of
the maritime industry is inspected, passengervessels, cargo vessels
and oil tankers. The barges that carry oil or hazardous material as
cargo are inspected by the Coast Guard, but the towing vessels
that control the movement of these barges are not, and there are
over 7,000 ofthem.
Manningrequirements fortowingvessels are much less stringent
than for any other type ofvessels. They do not have to carry mas-
ters, mates, able seamen or even documented mariners. This is a
little hard tobelieve.
I look forward to working with you, Mr. Secretary, with Chair-
man Tauzin, Mr. Fields, others in the Minority, including Mr.
Coble, who share this concern, to develop legislation that will bring
the manning and inspection requirements into the 20th Century
some time before the beginning of the 21st, and again, I want to
thank you, I salute you. You have brought a breath offresh air to
your department, and I think you have made a lot ofus feel better
about a lot of undertakings we have had under way here for a
great manyyears.
We have surprised some folks and I think we have some sur-
prises still to go. It has been a delight working with you. We look
3
forward to it. And I am going to hand you into the tender mercies,
again, of the distinguished Chairman of the Subcommittee, who
has survived the 14th Street Bridge. Billy, why don't you take over.
STATEMENT OF HON. W.J. (BILLY) TAUZIN,AU.S. REPRESENT-
ATIVE FROM LOUISIANA, AND CHAIRMAN, SUBCOMMITTEE
ONCOASTGUARDANDNAVIGATION
Mr. Tauzin. [Presiding] Thank you, Mr. Chairman, and I will
want to talk to you, Mr. Secretary, about the new parking lot we
are building out there on the 14th Street Bridge. I am not going
to add a lot to what the Chairman has already said. You know how
important we feel this issue is, particularly in view of the recent
tragedies and the continued incidents ofcollisions between barges
and bridges and the importance to not only overland transpor-
tation, but inland water transportation, of these hearings in the
newbill we propose.
I know you have done some great work in looking at the same
issue and we are very anxious to hear your perspective on this. I
am goingto yield to the RankingMinority Member, Mr. Coble, who
is here to make an openingstatementforthe Minority.
Mr. Coble.
[The statement ofMr. Tauzin follows:]
StatementofHon.W.J.(Billy)Tauzin,aU.S.RepresentativefromLouisiana,
ANDChairman,SubcommitteeonCoastGuardandNavigation
The Subconimittee is honored to welcome Secretary Federico Pena. Secretary
Pena presencethis morningis testimonyto hiscommitmenttoenhance safety and
promote commerce on our nation's waterways. This hearing was scheduled to re-
ceive Secretary Peiiarecommendations aswell as inputfrom thepublic toimprove
H.R.3282"TheTowingVesselNavigationalSafetyActof1993".
Back in October, this Subcommittee met to investigate the causes oftwo fatal
towingvessel accidents. ThefirstoccurredlastMay, when atowboathittheJudge
Seeber Bridge in New Orleans, causing the bridge to collapse and resultingin the
deathofathirty-oneyearoldwomanandherunbornchild.
The second accidentis sadlyfamiliartoallofus. LastSeptember, atowboatand
its barges hitthe BigBayou Canot Bridge in Mobile, Alabama, derailingAmtrak's
Sunset Limited passenger train and killing 47 people. Both tragic accidents were
causedbyoperatorerror.
Lookingbackattheaccidents,itisclearthatexistingFederalregulationsarenot
enoughtominimizethepotentialforhumanerroraboardtowingvessels. H.R. 3282
wasintroducedtoaddressspecificdeficienciesincvurenttowingvesseloperatingre-
quirements and to look at new ways to enhance safety on our inland waterways.
H.R. 3282 will require all towing vessels to carry the basic navigational tools
which the vast majority of safe, responsible, towboat operators already consider
standardequipment, includingmarinechartsand aradar. Thebillwill alsoensure
that towboat operators demonstrate proficiency using the tools necessary for safe
navigationbeforebeinglicensed.
Immediately following theAmtrak investigation, precious response time was lost
when the operatorfailed to promptly inform the Coast Guard ofthe accident. The
delaymayhavecosthumanlives.H.R.3282willtightenmarinecasualtiesreporting
requirements.
H.R. 3282 supports Secretary Peiia's comprehensive review ofthe adequacy and
effectivenessofmanningandlicensingrequirementsfortheoperationoftowingves-
sels. The Secretary's findings were made available to the Committee on December
10, 1993.IwanttothankSecretaryPeiiafortheprioritythatthisregulatoryreview
receivedandIlookforwardtodiscussingtheDepartment'srecommendations.
Finally, H.R. 3282 looks to fundamentally improve safety and commerce on our
inland waterways. The bill commissions a report on the feasibility ofestablishing
aDifferentialGlobalPositioningSatellite(DGPS)navigationalsystemonourinland
waterways.DGPStechnologyisbeingappliedtocoastsunavigationandaeronautical
navigation. TheapplicationofDGPStechnologyonourinlandwaterwaysshouldre-
ceivethesameconsideration.
'
STATEMENT OF HON. HOWARD COBLE, A U.S. REPRESENTA-
TIVE FROM NORTH CAROLINA, AND RANKING MINORITY
MEMBER, SUBCOMMITTEE ON COAST GUARD AND NAVIGA-
TION
Mr. Coble. Thank you, Mr. Chairman. I thank you for having
called this hearing. I am pleased to join with you, Chairman
Studds, Congressman Fields in introducing the Towing Vessel
Navigational Safety Act. I am an original cosponsor ofthis impor-
tant safety legislation and strongly believe it will be an important
tool in helping to protect those who ride over on our Nation's in-
land waterways.
Our subcommittee's hearing last October regarding the deadly
Amtrak Sunset Limited accident dramatically illustrated the neces-
sity of increased safety standards on inland towing vessels. Cur-
rently, I am confident this is correct, a bridge-to-bridge radio tele-
phone is the only navigational or communication equipment re-
quired aboard a towing vessel, and this, it appears to me, is unac-
ceptable.
I also strongly believe that operators and crew members of in-
land vessels must be required to know how to use the informa-
tional equipment on board. The Mauvilla had a radar system, but
I am advised that some of the crew members misidentified the
bridge on their radar screen for another barge. That can certainly
be deadly ifyou are going to tie up alongside a barge thinking it
is a barge that turns out to be a bridge. We know what the result
from that is.
Equipment, sophisticated as it may be, it would be worthless if
crew members cannot properly operate it. There is some question,
Mr. Secretary, admiral, you all may remember about the compass
aboard that vessel. Well, I have been told by some, well, it makes
no difference. That would have contributed in no way, whether we
had a compass or not. I think that may well be subject to interpre-
tation and I would like to hear more about that as this hearing de-
velops.
Not unlike the Chairman, I appreciate Secretary Peiiabeingwith
us alongwithAdmiral Henn and the other distinguished witnesses,
whowill discuss this in more detail as the hearingdevelops.
Mr. Chairman, in closing, I also would like to extend congratula-
tory remarks to Admiral Henn for his selection as the next Vice
Commandantofthe Coast Guard. Admiral.
Admiral Henn. Thankyou again, Mr. Chairman.
Mr. Tauzin. Thank you, Mr. Coble, and I, too, would join those
salutations, Admiral. You have provided remarkable and, indeed,
tremendous assistance to this committee in the role you have
served in the Coast Guard, and I knowyou are goingto add a great
deal asVice Commandant.
We would ask now, are there any other opening statements. Ms.
Schenk is next.
STATEMENTOFHON.LYNNSCHENK,AU.S.REPRESENTATIVE
FROMCALIFORNIA
Ms. Schenk. Thank you, Mr. Chairman. I will dispense with the
formal openingstatement in light ofthe time constraints ofourdis-
tinguished panel,justto say thankyou forholdingthis hearing.
