[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15398-15400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8108]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 165

[CGD08-97-008]
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 347 at Vicksburg, MS to mile 88 
above Head of Passes. This amendment extends the southern limit of the 
regulated navigation area to the boundary of the territorial sea at the 
approaches to South West Pass and includes regulations affecting the 
operation of self-propelled vessels of 1600 gross tons or greater. The 
regulated navigation area is needed to protect vessels, bridges, shore-
side facilities and the public from a safety hazard created by high 
water and resulting flooding along the Lower Mississippi River. 
Downbound barge traffic and the transitting of self-propelled vessels 
of 1600 or more gross tons are prohibited unless they are in compliance 
with this regulation.

DATES: This amended regulation is effective from 10:00 a.m. on March 
21, 1997 and terminates at 12 p.m. on April 5, 1997.

FOR FURTHER INFORMATION CONTACT:
CDR Harvey R. Dexter, Marine Safety Division, USCG Eighth District at 
New Orleans, LA (504) 589-6271.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The velocity of river currents on the Lower Mississippi River are 
approaching an all time high. Several recent vessel allisions with 
bridges and barge breakaways have been caused by strong currents and 
eddies resulting from flood conditions on the Lower Mississippi River. 
Consequently, the

[[Page 15399]]

Commander, Eighth Coast Guard District has identified a need to place 
operating restrictions in regard to tows downbound on the Mississippi 
River to assure adequate safe power for navigation, and additional 
operating requirements on self-propelled vessels of 1600 or more gross 
tons operating anywhere within the Regulated Navigation Area (RNA). 
This amended emergency Temporary Regulated Navigation Area extends from 
one mile above the Interstate 20 Highway Bridge at Vicksburg, 
Mississippi (Lower Mississippi River mile 437), to the boundary of the 
territorial sea at the approaches to South West Pass.
    Downbound tows operating from the northern boundary of this RNA to 
mile 88 above Head of Passes shall be restricted as follows:
    (a) Tow boats with a brake horsepower of 7,400 (7,400 bhp) and 
greater shall be limited to a 25 barge tow.
    (b) Tow boats with brake horsepower of 6,000 (6,000 bhp), but less 
than 7,400 bhp, shall be limited to a 20 barge tow.
    (c) For all other tows the following minimum brake horsepower 
requirements apply:
    1. Loaded standard size dry cargo barges (195' by 35') traveling 
southbound: 300 brake horsepower per barge minimum.
    2. For all other loaded dry cargo barges and all loaded liquid 
barges southbound: one brake horsepower minimum for each 5 deadweight 
tons of cargo.
    3. For tows consisting of empty standard size dry cargo barges 
traveling southbound at Algiers Point: 200 brake horsepower per barge.
    4. For tows containing mixed empty and loaded barges, the higher, 
loaded, brake horsepower standard applies (300 brake horsepower).
    (d) For tows of 20 barges or larger, downbound transit through the 
Baton Rouge Railroad and Highway Bridge, also known as the Highway 190 
Bridge, is restricted to daylight only.
    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 in the increased currents present on the river and prevent 
downbound towing vessels from alliding with bridges and shore-side 
structures, and colliding with other vessels, causing danger to the 
public.

Regulation 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 company operating vessels of 1600 gross 
tons or greater due to the nature and cost of operating vessels of this 
size. However, it could include small towing companies that may be 
affected by this rule. Although this rule places night time 
restrictions for tows transiting the Baton Rouge Railroad and Highway 
Bridge, these restrictions are limited to tows of 20 ore more barges 
and operators may reduce the size of their tows to transit those areas. 
No other restrictions on transit are imposed so long as the horsepower 
requirements are met. These horsepower requirements are consistent with 
accepted industry practice and the actions of a prudent mariner under 
the circumstances. This rule is deemed to not have a substantial 
economic impact.

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:

[[Page 15400]]

    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. Sec. 165.T08-001 is revised to read as follows:


Sec. 165.T08-001.   Regulated Navigation Area; Lower Mississippi River.

    (a) Location: The following area is a regulated navigation area: 
All waters of the Mississippi River from one mile above the Interstate 
20 Highway Bridge at Vicksburg, MS (Lower Mississippi River Mile 437) 
to the boundary of the territorial sea at the approaches to South West 
Pass.
    (b) Regulations:
    (1) In accordance with general regulations in Section Sec. 165.11 
of this part, no downbound tows may operate within the Regulated 
Navigation Area (RNA) contrary to this regulation.
    (2) Tow boats with a brake horsepower of 7,400 (7,400 bhp) and 
greater shall be limited to a 25 barge tow.
    (3) Tow boats with a brake horsepower of 6,000 (6,000 bhp), but 
less than 7,400 bhp shall be limited to a 20 barge tow.
    (4) For all other tows the following minimum brake horsepower 
requirements apply:
    (i) Loaded standard size dry cargo barges (195' by 35') traveling 
southbound: 300 brake horsepower per barge minimum.
    (ii) For other loaded dry cargo barges and all loaded liquid barges 
southbound: one brake horsepower minimum for each 5 deadweight tons of 
cargo.
    (iii) For tows consisting of empty standard size dry cargo barges 
traveling southbound at Algiers Point: 200 brake horsepower per barge.
    (iv) For tows containing mixed empty and loaded barges, the higher, 
loaded, brake horsepower standards apply (300 brake horsepower).
    (5) For tows of 20 barges or larger, downbound transit through the 
Baton Rouge Railroad and Highway Bridge, also known as the Highway 190 
Bridge, is restricted to daylight only.
    (6) All self-propelled vessels to which the regulations at 33 CFR 
part 164 apply, shall comply with the following:
    (i) Masters shall review the requirements of 33 CFR Sec. 164.25 
pertaining to ``Tests Before Entering or Getting Underway.''
    (ii) The engine room shall be manned at all times while underway in 
the RNA.
    (iii) Prior to entering or getting underway in the RNA, the master 
of each vessel shall report to the ship's agent that 33 CFR part 164 
has been reviewed, the requirements are understood, and his vessel is 
in compliance with the regulation.
    (iv) The master shall also report 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:
    (A) If the vessel has an automated main propulsion plant, it shall 
be operated in manual mode and will be prepared to answer maneuvering 
commands immediately.
    (B) The vessel shall immediately provide maximum ahead or astern 
power when so ordered by the bridge.
    (C) The main propulsion plant shall in all respects be ready for 
operations in the regulated navigation area including the main 
propulsion air start systems, fuel systems, lube oil systems, cooling 
systems, and automation systems.
    (v) The master shall also certify that the gyrocompass is properly 
operating and calibrated.
    (7) For vessels subject to this regulation, Commander, Eighth Coast 
Guard District urges that main propulsion standby systems be placed on-
line or be ready to be placed on-line immediately.
    (8) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band Radio, Channel 22 (157.1 MHz).
    (c) Effective dates: This section is effective at 10:00 a.m. on 
March 21, 1997 and terminates at 12 p.m. on April 5, 1997.

    Dated: March 21, 1996.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-8108 Filed 3-31-97; 8:45 am]
BILLING CODE 4910-14-M