[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Rules and Regulations]
[Pages 35097-35099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17070]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD08-97-018]
RIN 2115-AE84
Amendment to Regulated Navigation Area Regulations; Lower
Mississippi River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: On March 18, 1997, the Coast Guard established a temporary
regulated navigation area affecting the operation of downbound tows in
the Lower Mississippi River from mile 437 at Vicksburg, MS to mile 88
above Head of Passes. These regulations were subsequently amended on
March 21, March 28, April 4, April 15 and April 19. The amendments
added additional operating requirements for vessels of 1,600 gross tons
or greater, increased the operating limitations on tank barges and
ships carrying hazardous chemicals and gasses, and extended the RNA to
the boundary of the territorial sea at the approaches to Southwest
Pass. On April 15, in response to moderating river conditions, the
regulations were relaxed to permit tows of up to 30 barges to operate
when being pushed by two boats of 9,000 brake horsepower or greater.
On April 20, the towboat and barge limitations and the chemical and
gas ship operating restrictions expired. The regulations affecting
self-propelled vessels of 1,600 gross tons or greater were extended
until July 1, 1997.
In the interest of navigation safety in the narrow confines of the
Lower Mississippi River, the Coast Guard is extending the regulations
affecting self-propelled vessels of 1,600 gross tons or greater until
October 31, 1997. This action is being taken in order to keep the deep-
draft regulations in effect pending issuance of a notice of proposed
rulemaking that will seek public comment on making the regulations
permanent.
The regulated navigation area is needed to protect vessels,
bridges, shore-side facilities and the public from a safety hazard
created by deep-draft vessel operations along the Lower Mississippi
River. Self-propelled vessels of 1,600 or more gross tons are
prohibited from operating in this area unless they are in compliance
with this regulation.
EFFECTIVE DATES: This amended regulation is effective from 12 p.m. on
July 1, 1997 and terminates at 12 p.m. on October 31, 1997.
FOR FURTHER INFORMATION CONTACT:
CDR Harvey R. Dexter, Marine Safety Division, USCG Eighth District at
New Orleans, LA (504) 589-4860.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On March 18, 1997 (62 FR 14637, March 22, 1997), the Coast Guard
established a temporary regulated navigation area affecting the
operation of downbound tows in the Lower Mississippi River from mile
437 at Vicksburg, MS to mile 88 above Head of Passes. On March 21, 1997
(62 FR 15398, April 4, 1997), the Coast Guard amended the temporary
regulated navigation area by extending the
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southern limit of the regulated navigation area to the boundary of the
territorial sea at the approaches to Southwest Pass and included
operating requirements affecting the operation of self-propelled
vessels of 1,600 gross tons or greater. Increasing high water
conditions caused the Coast Guard to amend this regulation for a second
time on March 28, 1997 to establish additional safety measures
applicable to U.S. flagged and foreign-flagged vessels authorized to
carry cargoes listed under Title 46, Code of Federal Regulations Part
151 (chemical barges) and Parts 153-154 (chemical and gas ships).
Although Mississippi River floodwater levels had receded somewhat
by April 4, river current remained at a record high level at that time.
The loss of control of a tow as it entered the Mississippi River from
the Port Allen lock and several near misses involving tows longer than
600 feet exiting locks into the Mississippi River evidenced the need to
further limit the length of tows. It was determined that, by limiting
the maximum length of tows during the critical period when they were
entering or exiting locks along the Mississippi River to or from the
relatively still water of a lock forebay, towboats would be able to
exercise greater control of the tow during that critical period.
Therefore, on April 4, 1997 the district commander amended this
regulation to prohibit tows in excess of 600 feet from entering or
exiting lock forebays. This amendment also clarified the horsepower
restrictions in the earlier regulation to make it clear that the
horsepower rating of escort tugs cannot be counted in establishing the
number of barges that may be included in a tow. The Coast Guard also
extended the effective date of the regulation to April 20, 1997,
because the high water conditions were expected to last longer than
originally contemplated.
Due to the Lower Mississippi River returning to normal levels on or
about April 20, 1997, tow boat and barge limitations and chemical and
gas ship operating restrictions expired on April 20, 1997. Due to the
hazard created by deep-draft vessel operations on the Lower Mississippi
River during the periods of high water in late Spring and early Summer,
the operating restrictions on vessels of 1,600 gross tons or greater
were extended until July 1, 1997.
Based on problems experienced by deep-draft vessels operating on
the Lower Mississippi River, the district commander has deemed it
necessary to continue the requirements of the RNA for vessels of 1,600
gross tons or greater until October 31, 1997. This action is being
taken in order to keep the deep-draft regulations in effect pending
issuance of a notice of proposed rulemaking that will seek public
comment on making the regulations permanent.
During 1995 and 1996 a total of 86 self-propelled vessels of 1,600
gross tons or greater experienced casualties involving loss of power,
loss of steering or engine irregularities during the months of April
through June. Serious consequences may result from such casualties.
Engine failure was the probable cause of the recent M/V BRIGHT FIELD
allision that caused millions of dollars of property damage and posed
grave threats of death and personal injury to persons in the vicinity
of the allision.
The regulations left in place by the district commander are
intended to enhance the safety of navigation on the river and protect
shoreside facilities by causing masters and engineers to take measures
that will minimize the risk of steering casualties and engine failure
and irregularities. They also place the ship in a manning status and
operating condition that will allow the vessel to take prompt and
appropriate emergency action should a casualty occur thereby reducing
the likelihood of a cascading series of allisions and collisions
following a casualty. Communications from river pilots operating within
the RNA have established the necessity and viability of these
regulations and the necessity for their continuation during a period of
traditionally high casualty rates. As a result of the operating
restrictions, pilots have seen improvements in vessels' readiness to
respond to steering casualties and main propulsion irregularities and
failures.
This rule requires that all self-propelled vessels to which 33 Code
of Federal Regulations Sec. 164 applies, shall comply with the
following:
(a) Masters shall review the requirements of 33 CFR Sec. 164.25
pertaining to ``Tests Before Entering or Getting Underway.''
(b) The engine room shall be manned at all times when underway in
the RNA.
(c) Prior to entering the RNA or getting underway within the RNA,
the master of each vessel shall report to the ship's agent that the
regulations at 33 CFR 164.25 have been reviewed, are understood, and
the vessel is in compliance with the regulation.
(d) As part of the master's report, the chief engineer shall also
certify that the following additional operating conditions will be
satisfied so long as the vessel is underway within the RNA:
1. If the vessel has an automated main propulsion plant, it will be
operated in manual mode and will be prepared to answer maneuvering
commands immediately.
2. The vessel shall immediately provide maximum ahead or astern
power when so ordered by the bridge.
3. The main propulsion plant shall, in all respects, be ready for
operations in the RNA including the main propulsion air start systems,
fuel systems, lube oil systems, cooling systems, and automation
systems.
4. The master shall also certify that the gyrocompass is properly
operating and calibrated.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days after Federal Register publication.
Publication of notice of proposed rulemaking and delay of effective
date would be contrary to public interest because immediate action is
necessary to ensure self-propelled vessels are capable of operating
safely on the river and prevent allisions with bridges and shore-side
structures, and colliding with other vessels, causing danger to the
public.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential cost and benefits under section 6(a)(3) of that order. It has
not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule, if adopted, will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Small entities in this case would not
include a significant number of companies operating vessels of 1,600
gross tons or greater due to the nature and cost of operating vessels
of this size. The
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operating and manning requirements established by this regulation are
those of a prudent mariner and impose little or no additional financial
burden on the vessel. Similarly, vessels routinely communicate with
their agents prior to getting underway or entering port. Therefore, the
costs associated with requirement to include a certification that the
vessel is in compliance with 33 CFR 164.25 and certain other safety
related requirements are insignificant. This rule is deemed to not have
a significant economic impact on a substantial number of small
entities.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that under paragraph 2.B.2.(g)(5) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, navigation (waters), Reporting and
recordkeeping requirements, Safety measures, and Waterways.
Final Regulations
For the reasons set out in the preamble the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 46 CFR 1.46.
2. In section 165.T08-001, paragraph (c) is revised to read as
follows:
Sec. 165.T08-001. Regulated Navigation Area; Lower Mississippi River.
* * * * *
(c) Effective dates: This section is effective at 12 p.m. on July
1, 1997 and terminates at 12 p.m. on October 31, 1997.
Dated: June 24, 1997.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-17070 Filed 6-27-97; 8:45 am]
BILLING CODE 4910-14-M