[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Rules and Regulations]
[Pages 23358-23360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11209]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 and April 15. The amendments added 
additional operating requirements for vessels of 1600 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 tow boats of 9,000 brake horsepower or greater.
    The threat posed by high water and currents on the Lower 
Mississippi River has continued to abate. The water level at the Baton 
Rouge Gauge crested on March 26 at 43.8 feet. By April 14, it had 
fallen to 39.6 feet and has continued to fall. It is projected to reach 
37.0 feet on April 20, 1997. Similarly, the river current at the Baton 
Rouge Gauge had fallen from a high of approximately 9 miles per hour on 
March 26 to 7.3 miles per hour as of 14 April. On April 20, it is 
projected to be 6 miles per hour. After consultation with marine 
industry groups, state government agencies, and river pilots 
organizations, the district commander has decided to further amend the 
regulations. This amendment will permit the tow boat and barge 
limitations and chemical and gas ship operating restrictions to expire 
as scheduled at 12 p.m. on April 20, 1997, while maintaining the 
regulations affecting self-propelled vessels of 1,600 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 deep draft vessel operations along the Lower Mississippi 
River during the periods of high water in late spring and early summer. 
Self-propelled vessels of 1600 or more gross tons are prohibited from 
operating in this area unless they are in compliance with this 
regulation.

DATES: This amended regulation is effective at 12 p.m. on April 20, 
1997 and terminates at 12 p.m. on July 1, 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

    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. On March 21, 1997 
(62 FR 15398, 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 caused the Coast Guard to 
amend this regulation for a second time on March 28, 1997 (62 FR 16081, 
April 4, 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 Lower 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 (62 FR 17704, April 11, 1997) the 
district commander amended this regulation for the third time to 
prohibit

[[Page 23359]]

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.
    The threat posed by high water and currents on the Lower 
Mississippi River has continued to abate. The water level at the Baton 
Rouge Gauge crested on March 26 at 43.8 feet. By April 14, it had 
fallen to 39.6 feet, and has continued to fall. It is projected to 
reach 37.0 feet on April 20, 1997. The river current at the Baton Rouge 
Gauge fell from a high of approximately 9 miles per hour on March 26 to 
7.3 miles per hour on April 14. On April 20, it is projected to be 6 
miles per hour. Several downbound test runs with varying tow and tow 
boat configurations have established that river conditions are much 
safer for large tow configurations than when this RNA was established.
    Although the district commander has determined that water levels 
and current speeds in the lower Mississippi River have returned to a 
level that will permit the relaxation of some operating restrictions on 
tow boats and tows, it is anticipated that spring rains and unusually 
high water runoff from snow melt in the upper reaches of the 
Mississippi River drainage will maintain higher than normal river and 
current levels in the Lower Mississippi River for the foreseeable 
future. This amendment does not affect the expiration on April 20th of 
rules regulating barge number and horsepower requirements and chemical 
and tank vessel operating restrictions. However, the Captain of the 
Port, Marine Safety Office New Orleans has established a vessel control 
safety zone in the vicinity of Wilkinson Point from mile 225 to mile 
238 on the Lower Mississippi River to address navigational safety 
concerns unique to that area. The requirements of this safety zone 
remain in effect until changed by the Captain of the Port. Any such 
changes will be included in a Marine Information Broadcast and other 
communications to the industry.
    Based on problems experienced by deep draft vessels operating on 
the Lower Mississippi River in late spring and early summer during 
periods of unusually high water and current, as is anticipated to be 
the case this year, the district commander has deemed it necessary to 
continue the requirements of the RNA for vessels of 1,600 tons or 
greater until July 1, 1997. In most years, river and current levels 
have returned to normal after July 1.
    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, 
especially during high water periods. 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 causalities 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 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 1600 
gross tons or greater due to the nature and cost of operating vessels 
of this size. The operating and manning requirements

[[Page 23360]]

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 
the 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 
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, 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 Sec. 165.T08-001, paragraphs (b)(1), (b)(2), (b)(3), (b)(4) 
are revised; (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), 
(b)(12), (b)(13), (b)(14), (b)(15) are removed; and paragraph (c) is 
revised to read as follows:


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

* * * * *
    (b) * * *
    (1) In accordance with general regulations in Sec. 165.11 of this 
part, no self-propelled vessels of 1600 gross tons may operate within 
the Regulated Navigation Area (RNA) contrary to this regulation.
    (2) 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 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.
    (3) 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.
    (4) 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 p.m. on April 
20, 1997 and terminates at 12 p.m. on July 1, 1997.

    Dated: April 19, 1997.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-11209 Filed 4-29-97; 8:45 am]
BILLING CODE 4410-14-M