[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Proposed Rules]
[Pages 45775-45777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23076]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CCGD08-97-020]
RIN 2115-AE84


Regulated Navigation Area Regulations; Mississippi River, LA--
Regulated Navigation Area

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise the Regulated 
Navigation Area (RNA) established under 33 CFR 165.810 by incorporating 
portions of the temporary RNA that affects vessels of 1,600 gross tons 
or greater operating on the Mississippi River. This revision requires 
enhanced safety procedures for vessels of 1,600 gross tons or greater 
operating on the Mississippi River. The Coast Guard is also proposing 
to require moored or anchored passenger vessels with embarked 
passengers to maintain a manned pilothouse watch for the safety of the 
vessel, crew and passengers.

DATES: Comments must be received on or before October 14, 1997.

ADDRESSES: Comments should be mailed to Commander, Eighth Coast Guard 
District (mov-1), Room 1341, Hale Boggs Federal Building, 501 Magazine 
Street, New Orleans, LA 70130-3396. The comments and other materials 
referenced in this notice will be available for inspection and copying 
at the Eighth Coast Guard District Marine Safety Division Office, New 
Orleans, LA during normal office hours between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Comments may also be 
hand delivered to this address.

FOR FURTHER INFORMATION CONTACT:
Mr. M.M. Ledet, Vessel Traffic Management Specialist, at the Eighth 
Coast Guard District Marine Safety Division, New Orleans, LA or by 
telephone at (504) 589-4686.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written views, data or arguments. Receipt of comments will 
be acknowledged if a stamped self-addressed postcard is enclosed. 
Persons submitting comments should include their names and addresses, 
identify this notice (CGD 08-97-20) and the specific section of the 
proposal that the comments apply, and give reasons for each comment. 
Please submit two copies of all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. The Coast Guard will consider all comments received 
during the comment period and may change this proposed rule in view of 
the comments.
    The Coast Guard plans no public hearings. Persons may request a 
public hearing by writing to the Marine Safety Division at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Regulatory History

    On December 14, 1996 the 36,000 gross ton M/V BRIGHT FIELD allided 
with the Riverwalk store complex causing extensive damage and numerous 
injuries. This marine casualty prompted the Captain of the Port New 
Orleans to issue Captain of the Port Orders to moored or anchored high 
capacity passenger vessels operating on the Mississippi River. These 
orders required those vessels to maintain a manned pilothouse watch in 
order to monitor river activity, and to be immediately available to 
activate emergency procedures to protect the vessel, crew and 
passengers in the event of an emergency radio broadcast, danger signal 
or other visual indication of a problem. The initial intent of this 
order was to establish an interim measure to prevent future allisions 
and collisions.
    On March 18, 1997, (62 FR 14637, March 27, 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 (62 FR 15398, April 1, 1997), 
March 29 (62 FR 16081, April 4, 1997), April 4 (62 FR 17704, April 11, 
1997), April 20 (62 FR 23358, April 30, 1997). 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.
    This RNA and its subsequent amendments was also prompted by 
unprecedented high waters on the Mississippi River. Conditions on the 
Lower Mississippi River became so severe that it necessitated the 
opening of the Bonnet Carre Spillway by the Army Corps of Engineers in 
order to ease high water conditions and partially combat very strong 
river currents. The high-water conditions contributed to numerous barge 
breakaways and a marked increase in vessel accidents. The additional 
operating requirements were designed to provide a greater margin of 
safety for vessels of 1,600 gross tons or greater operating on this 
waterway.
    On April 20 (62 FR 23358, April 30, 1997), the towboat and barge 
limitations and the chemical and gas ship operating restrictions 
expired. The regulations affecting self-propelled vessels of 1,600

[[Page 45776]]

gross tons or greater were extended until July 1, 1997. On June 24, 
1997 (62 FR 35097, June 30, 1997), the regulations affecting self-
propelled vessels of 1,600 gross tons or greater were again extended 
until October 31, 1997, pursuant to a notice published in 62 FR 35097. 
The purpose of this extension was to maintain the enhanced margin of 
safety that had been facilitated by these regulations. Although the 
Lower Mississippi River was receding, dangerous and unpredictable 
currents remained.

Background and Purpose

    In the interest of navigation safety in the narrow confines of the 
Lower Mississippi River, the Coast Guard is seeking to make permanent 
the regulations affecting self-propelled vessels of 1,600 gross tons or 
greater by incorporating them into 33 CFR 165.810. The regulated 
navigation area is needed to protect vessels, bridges, shore-side 
facilities, commercial businesses and the public from a safety hazard 
created by deep-draft vessel operations along the Lower Mississippi 
River.
    During 1995 and 1996 over 300 self-propelled vessels of 1,600 gross 
tons or greater operating on the Mississippi River experienced 
casualties involving loss of power, loss of steering or engine 
irregularities.
    The proposed regulations will enhance the safety of navigation on 
the river and protect shoreside facilities--including commercial 
businesses--by causing masters and engineers to take measures that will 
minimize the risk of steering casualties, engine failures and engine 
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. Comments from river pilots operating within the 
RNA have established the necessity and viability of these regulations 
and the necessity for their continuation. 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. 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.
    33 CFR 164.25 requires that before a person causes a vessel to 
enter or get underway on the navigable waters of the United States a 
series of steering systems, main propulsion machinery, and other 
equipment tests shall be conducted. Subsection 164.11(q) mandates that 
the tests required by Sec. 164.25 are made and recorded in the vessel's 
log. This allows the pilot to verify that the tests required by 
Sec. 164.25 have been conducted and logged in accordance with 
subsection 164.11(q).
    As an enhanced safety precaution for passenger vessels anchored or 
moored within the regulated navigation area, the Coast Guard is seeking 
to make permanent a regulation requiring certain passenger vessels to 
maintain a manned pilothouse watch to monitor river and/or waterway 
activity, and to be immediately available to activate emergency 
procedures to protect the vessel, crew and passengers in the event of 
an emergency radio broadcast, danger signal or other visual indication 
of a problem. The Coast Guard believes that this measure will 
significantly enhance the safety of passenger vessels moored or 
anchored within the regulated navigation area.
    Each ferryboat, and each small passenger vessel that operates with 
49 or less passengers, would be required to monitor and respond, but 
may conduct monitoring from a vantage point other than the pilothouse 
using a portable radio. These vessels were given consideration because 
of their relatively small size and associated reduced risk while 
passengers are aboard.

Discussion of Regulation

    The existing regulation in 33 CFR 165.810 establishes a Regulated 
Navigation Area for the waters of the Mississippi River below Baton 
Rouge, LA, including South Pass and Southwest Pass. By this proposed 
rule the Coast Guard adds specific operational requirements to certain 
vessels when transiting, moored or anchored in the Regulated Navigation 
Area. These requirements are designed to assist in the prevention of 
collisions and groundings, ensure port safety, enhance the safety of 
moored or anchored passenger vessels.
    Subsection (e) of this proposed rule addresses additional operating 
requirements for passenger vessels with embarked passengers. Passenger 
vessels shall continuously man the pilothouse and remain apprised of 
river activities in their vicinity by monitoring VHF emergency and 
working frequencies. This would allow an individual operating a 
passenger vessel to be immediately available to take necessary action 
to protect the vessel, crew and passengers in the event that an 
emergency broadcast, danger signal or visual indication of a problem is 
received or detected.
    An exception to this proposed rule is made for any ferryboat or 
small passenger vessel that operates with 49 or fewer passengers. These 
vessels are not required to continuously man the pilothouse since 
personnel may monitor VHF frequencies via a portable radio from a 
vantage point other than the pilot house.
    Subsection (f) of this proposed rule pertains to all self-propelled 
vessels bound by 33 CFR part 164. The proposed rule requires that the 
master shall ensure the vessel is in compliance with 33 CFR part 164 
and that the engine room is manned at all times while the vessel is 
underway in the RNA. Additionally, this subsection requires that the 
master ensure that the chief engineer has certified that: The main 
propulsion plant is ready in all respects for operations including the 
main propulsion air start systems, fuel systems, lube oil systems, 
cooling systems and automation systems; automatic or load limiting 
throttle systems are operating in the manual mode with engines 
available to immediately answer maneuvering commands; cooling, 
lubricating and fuel oil systems are within proper temperature 
parameters; and standby systems are ready to be placed immediately in 
service. These additional operating conditions are required so long as 
the vessel is underway in the RNA.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. Although the exact cost of the impact 
of this proposed rule is not known the safety benefits derived from 
these rules far exceed the de minimus nature of the costs. The 
prevention of another M/V BRIGHT FIELD-type allision would save 
shoreside businesses, maritime users and the public in general tens of 
millions of dollars in potential property damage and liability. It is 
difficult to precisely quantify the benefits accrued from the 
prevention of collisions and allisions on the Lower Mississippi

[[Page 45777]]

River. Nevertheless, this proposed rule represents a minimal cost in 
return for the heightened safety on this waterway, particularly given 
the fact that the requirements in this proposed rule supplement 
existing regulatory requirements.

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. The Coast Guard has reviewed it for 
potential impact on small entities. The Coast Guard does not believe 
that any of the entities affected by this proposed rule qualify as 
small entities. Furthermore, because the proposed rule affects deep-
draft vessels underway and passenger vessels when passengers are 
onboard, and because a ferryboat or small passenger vessel carrying 49 
people or less may monitor using a portable radio from a vantage point 
other than the pilot house, the Coast Guard's position is that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. If, however, an individual or 
organization believes that its business or organization qualifies as a 
small entity and that this proposed rule will have a significant 
economic impact on its business or organization, please submit a 
comment (see ADDRESSES) explaining why the individual or organization 
believes it qualifies and in what way and to what degree this proposed 
rule will adversely affect it.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612, and it is 
determined that it does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B (as revised by 61 FR 13563, March 27, 1996), this 
proposed rule 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, Mine safety, Navigation (waters), Reporting and 
recordkeeping requirements, Safety measures, and Waterways.
    In consideration of the foregoing, the Coast Guard proposes to 
amend part 165 of title 33, Code of Federal Regulations to read as 
follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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 Sec. 165.810, paragraph (a) is revised and new paragraphs (e) 
and (f) are added to read as follows:


Sec. 165.810  Mississippi River, LA-regulated navigation area.

    (a) Purpose and applicability: This section prescribes rules for 
all vessels operating in the Mississippi River below Baton Rouge, LA, 
including South Pass and Southwest Pass, to assist in the prevention of 
collisions and groundings so as to ensure port safety and to enhance 
the safety of passenger vessels moored or anchored in the Mississippi 
River. * * *
    (e) Watch requirements for anchored and moored passenger vessels.
    (1) Passenger vessels. Except as provided in paragraph (e)(2) of 
this section, each passenger vessel whenever one or more passengers are 
aboard shall:
    (i) Keep a continuously manned pilothouse and;
    (ii) Monitor river activities and marine VHF emergency and working 
frequencies of the port so as to be immediately available to take 
necessary action to protect the vessel, crew and passengers in the 
event that an emergency radio broadcast, danger signal or visual 
indication of a problem is received or detected.
    (2) Each ferryboat, and each small passenger vessel that operates 
with 49 or less passengers, may monitor river activities using a 
portable radio from a vantage point other than the pilothouse.
    (f) All self-propelled vessels subject to the regulations at 33 CFR 
part 164 shall also comply with the following:
    (1) The engine room shall be manned at all times while underway in 
the RNA.
    (2) Prior to embarking a pilot when entering or getting underway in 
the RNA, the master of each vessel shall ensure that the vessel is in 
compliance with 33 CFR part 164.
    (3) The master shall ensure that the chief engineer has certified 
that the following additional operating conditions will be satisfied so 
long as the vessel is underway within the RNA:
    (i) The main propulsion plant is in all respects ready for 
operations including the main propulsion air start systems, fuel 
systems, lubricating systems, cooling systems and automation systems;
    (ii) Cooling, lubricating and fuel oil systems are at proper 
operating temperatures;
    (iii) Automatic or load limiting main propulsion plant throttle 
systems are operating in manual mode with engines available to 
immediately answer maneuvering commands; and
    (iv) Main propulsion standby systems are ready to be immediately 
placed in service.

    Dated: August 22, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-23076 Filed 8-28-97; 8:45 am]
BILLING CODE 4910-14-M