IRCA Archive# 105 - Minutes from March 3, 2004 Meeting with MSO Chicago concerning dry cargo routes on Lake Michigan

To: ALL IRCA Member and Friends of IRCA
From: Marty Hettel
Date: 4/20/04
Subject: Minutes from March 3, 2004 Meeting with MSO Chicago concerning dry cargo routes on Lake Michigan
IRCA Archive # 105

Commanding OfficerUnited States Coast GuardMarine Safety Office Chicago 215 West 83rd Street, Suite DBurr Ridge, IL 60527-7956Phone: (630) 986-2131Fax: (630) 986-2120Email: cbrunclik@mschicago.uscg.mil505011 Mar 2004
MEMORANDUM

From: C.D. Brunclik, ENS, USCG Reply toAttn of: ENS C.D. BrunclikExt. 131

To: Commanding Officer, MSO Chicago
Thru: Executive Officer, MSO ChicagoChief, Port Operations, MSO Chicago
Subj: BARGE LOAD LINE REQUIRMENTS MEETING

Ref: (a) Title 46, Code of Federal Regulations, Part 45, Subpart E(b) Title 46, Code of Federal Regulations, Table 45.171

1. The following is a synopsis of the meeting held at the Holiday Inn, Willowbrook, IL, on 3 March 2004, between the United States Coast Guard (USCG) and the Illinois River Carrier Association (IRCA). The meeting was held to discuss the current Interim Final Rule of ref. (a) and proposed changes for the Final Rule.

2. It was decided the easiest way to address each issue was to utilize ref. (b) and discuss each line as the rule currently reads.

a. Load Line Requirements: as stated, barges can only go from the designated ports to Calumet Harbor. It does not stipulate any traffic to intermediate ports or from port-to-port on Lake Michigan. The rule needs to address if:

1. Lake Michigan is an extension of the Inland Waterway System, or

2. Lake Michigan stands alone.

If Lake Michigan stands alone, then there would be no reason why traffic could not go from port-to-port. It could, in effect, allow non-documented, “limited” loadline barges to travel throughout the lake. Load lined, lake carriers/barges would probably have a problem with this and challenge the rule.

For the exempted and “limited” Load Line Routes “safe harbor” needs to be defined. Each individual port, which could and would accept barges during inclement conditions, should be put down in writing. On the Milwaukee run, Waukegan is the only harbor of refuge. However, we know, Waukegan is taking a more recreation direction, as the city develops, the refuge may disappear. If Waukegan will not or cannot sustain “safe harbor” status then the Milwaukee route should be lost, as the “20 NM from a refuge” will be violated.

It was discussed if St. Joseph should be an exempted run. IRCA were in agreement the route is not readily transited and should maintain the required “limited” load line requirement.

b. Where to Register and Apply: No comments/changes.

c. Eligible Barges: The dry cargo only and the length-to-depth ratio rule should remain the same. For the Milwaukee Route, the “not more than 10 years old” rule shall stay. It was also suggested by the USCG, every vessel going onto the lake should be documented.

d. Freeboard Requirements: It was suggested by IRCA the minimum freeboard should be raised from 24” to 36”. It was also stated Hopper Barges should be of a closed configuration and no box barges allowed. The only exception would be the Burns Harbor Route where everything would remain the same.

e. Tow Limitations: It was suggested by the USCG to place a limit on the number of barges going to Burns Harbor and all barges should be pushed. IRCA did not agree and wanted to continue to place the responsibility on the mariner. However, the 3 barge limit was acceptable on all other routes. All other items are acceptable as written.

f. Cargo Limitations: continue as written, dry cargo only. Hazardous Materials Regulations, as stated, should be reviewed by Industry.

g. Weather Limitations: All agreed the limitations for all routes but Burns Harbor were acceptable. Apparently, some were interpreting the rule as; all the criteria must be exceeded to not transit the lake, this is wrong. It was emphasized, by the USCG, if one of the stipulations were violated; ice conditions, waves > 4’, or sustained winds, then barges shall not transit.

For the Burns Harbor Route, the USCG proposed to add specifics rather than say “Fair Weather” only. The reason is to give specific guidelines to the companies and the mariner. The “Fair Weather Policy” distributed from MSO Chicago in 2001 still applies. However, many at this meeting have never read or received the letter. IRCA wanted the decision to remain with the Master.

Ice conditions for the Burns Harbor Route are not addressed in the regulation or the policy. The USCG suggested the same verbiage as the other routes; “Ice Conditions: adverse conditions that imperial tow or access to shelter.” Also, the USCG wants to add a limit on the number of barges, only one wide, and must have a rake. IRCA, again, did not want the Burns Harbor Route altered. It was stated the first tow through the ice is only one wide, with a rake, but larger tows line up behind.

h. Pre-departure Preparations: the regulations state the mariner shall obtain the weather conditions of the entire route. IRCA stated the dock, at the destination, would always say the conditions are good, to facilitate commerce. The USCG suggested utilizing other means, besides industry, to obtain information including, phone calls, gov’t/state agencies, radio, and websites. Also, the mariner is to check intermediate ports. The purpose of this is not only for weather but to ensure there is space available in case safe refuge is sought.

i. Towboat Requirements: The USCG asked IRCA what they felt was a good horsepower minimum to place in the regulations. IRCA stated the existing regulations were adequate as horsepower is difficult to quantify, “A towboat rated at certain horsepower in 1970 is not the same today but can do the job.” The USCG will look more into the definition of “horsepower” and readdress in the future.

3. The USCG would like a notification/tracking system to be developed. This could include pre-departure notification to a monthly report. IRCA did not like the individual notification, as there is so much traffic. However, they are required to submit a monthly report to the ACOE and could info MSO Chicago. It was agreed this should be initiated.

4. IRCA was adamant about keeping the Burns Harbor Route as open as possible. They pointed to the history and the low amount of incidents over an extended period of time. They felt the regulations, as written, were sufficient.

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