[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16081-16082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8777]



[[Page 16081]]

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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CCGD08-97-008]
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 (62 FR14637, 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. On March 21, 1997 
(62 FR15398, April 1, 1997), the Coast Guard amended the temporary 
regulated navigation area by extending the 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 1600 gross tons or 
greater. Increasing high water conditions are causing the Coast Guard 
to amend for a second time the regulation 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). The Coast Guard is also extending the effective date of the 
regulation to April 10, 1997, because the high water conditions are 
expected to last longer than originally contemplated. 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 transmitting of self-propelled vessels of 1600 
or more gross tons and chemical and gas ships are prohibited from 
entering this area unless they are in compliance with this regulation.

EFFECTIVE DATES: This amended regulation is effective at 12:00 p.m. on 
March 29, 1997 and terminates at 12 p.m. on April 10, 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 is 
approaching an all time high. Several recent vessel allisions with 
bridges, one of which involved a chemical barge, and barge breakaways, 
including one involving 134 barges from two barge fleeting facilities, 
have been caused by strong currents and eddies resulting from flood 
conditions on the Lower Mississippi River. The Commander, Eighth Coast 
Guard District has already placed operating restrictions on 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). The district commander is now 
establishing requirements for fleeting operations in which chemical 
barges are maintained. In addition, these new regulations will 
establish requirements for both upbound and downbound tows containing 
chemical barges, and for downbound chemical or gas ships operating on 
the Lower Mississippi River from mile 437 at Vicksburg, MS to mile 78 
above Head of Passes. Downbound chemical or gas ships will be limited 
to daylight transit only. 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 Southwest 
Pass.
    For purposes of this amended regulation, ``chemical barges'' are 
defined as barges authorized to carry cargoes listed under Title 46, 
Code of Federal Regulations Sec. 151 (Subchapter O); ``chemical ships'' 
are defined as U.S. flagged or foreign-flagged vessels subject to the 
requirements of Title 46, Code of Federal Regulations, part 153 
(Subchapter O); and ``gas ships'' are defined as U.S. flagged or 
foreign-flagged vessels subject to the requirements of Title 46, Code 
of Federal Regulations, part 154 (Subchapter O).
    This amended regulation requires that chemical barges maintained in 
a fleeting area be placed in a protected position within the fleet.
    Whenever possible, shifting of chemical barges within a fleeting 
area shall be limited to daylight hours.
    Upbound and downbound tows containing chemical barges shall place 
them in the most protected position within the tow configuration.
    Downbound chemical or gas ships operating on the Lower Mississippi 
River from mile 437 at Vicksburg, MS to mile 78 above Head of Passes 
shall only transit during daylight hours.
    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.

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).
    For the reasons expressed below (Small Entities), 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 chemical or gas 
ships 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. This amendment requires towing operations to place 
chemical barges in the most protected position within the tow 
configuration. This is not a constraint on operation since it does not 
limit the type or kind of barges within a tow, but merely requires 
prudence when configuring a tow. No additional restrictions on

[[Page 16082]]

transit for towing operations are imposed by this amendment. This 
regulation may also affect fleet operators by requiring that chemical 
barges be moored in a protected position within the fleet. The 
regulation also requires that, if chemical barges are to be shifted in 
a fleeting area, when possible they be shifted during the day. These 
requirements are consistent with accepted industry practice, impose 
minimal financial burdens, and are consistent with the actions of 
prudent operators 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.

Temporary Regulations

    For the reasons set out in the preamble the Coast Guard amends 33 
CFR Part 165 as follows:

PART 165--[AMEMDED]

    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 (b)(8) is revised; paragraphs 
(b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), and (b)(15) are 
added; and paragraph (c) is revised to read as follows:


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

* * * * *
    (b) * * *
    (8) For purposes of this section, ``chemical barges'' are defined 
as barges authorized to carry cargoes listed under 46 CFR part 151 
(Subchapter O).
    (9) Chemical barges maintained in a fleeting area shall be placed 
in a protected position within the fleet.
    (10) Whenever possible, shifting of chemical barges within a 
fleeting area shall be limited to daylight hours.
    (11) Upbound and downbound tows containing chemical barges shall 
place them in the most protected position within the tow configuration.
    (12) For purposes of this section, ``chemical ships'' are defined 
as U.S. flagged or foreign-flagged vessels subject to the requirements 
of 46 CFR part 153 (Subchapter O).
    (13) For purposes of this section, ``gas ships'' are defined as 
U.S. flagged or foreign-flagged vessels subject to the requirements of 
46 CFR part 154 (Subchapter O).
    (14) Downbound chemical or gas ships operating on the Lower 
Mississippi River from mile 437 at Vicksburg, MS to mile 78 above Head 
of Passes shall only transit during daylight hours.
    (15) 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 12:00 p.m. on 
March 29, 1997 and terminates at 12 p.m. on April 10, 1997.

    Dated: March 28, 1997.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-8777 Filed 4-2-97; 2:44 pm]
BILLING CODE 4910-14-M