[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Proposed Rules]
[Pages 16754-16756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6305]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD08-07-007]
RIN 1625-AA11


Regulated Navigation Area; Mississippi River, Eighty-One Mile 
Point

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the existing regulated 
navigation area (RNA) for the Lower Mississippi River (LMR) mile marker 
(MM) 233.9 through South and South West Passes by establishing 
mandatory check-in procedures for vessels transiting on the waters of 
the Mississippi River between (MM) 167.5 LMR and 187.9 LMR. This 
proposed rule is needed to minimize the risk of collisions, allisions, 
and groundings occurring as a result of vessels meeting unanticipated 
traffic in the vicinity of 81 Mile Point, MM 178 LMR. This proposed 
rule would require vessels, subject to the Bridge to Bridge 
Radiotelephone Act (33 United States Code 26) to notify Vessel Traffic 
Center Lower Mississippi River, New Orleans (VTC New Orleans) prior to 
entering or getting underway in this section of the RNA.

DATES: Comments and related material must reach the Coast Guard on or 
before June 4, 2007.

ADDRESSES: You may mail comments and related material to Marine Safety 
Unit Baton Rouge, 6041 Crestmount Drive, Baton Rouge, LA 70809. Marine 
Safety Unit Baton Rouge maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Marine Safety Unit Baton Rouge between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Todd Peterson, Marine 
Safety Unit Baton Rouge, at (225) 298-5400.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD08-07-
007], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
that your submission reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Unit Baton Rouge at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a separate notice in the Federal Register.

Background and Purpose

    From 1999 to 2006 there have been 64 reported collisions, 
allisions, or groundings on the Lower Mississippi River between MM 
167.5 and 187.9. There have been 21 allisions, 2 barge breakaways, 13 
collisions and 28 groundings. Of these 64 casualties, 3 were 
categorized by 46 CFR 4 as serious marine incidents and 5 as major 
marine casualties. These casualties have involved all sectors of the 
maritime industry including deep draft shipping, towing vessels, and 
barge fleets and have occurred at high, normal and low water 
conditions.
    A waterways user group subcommittee of the Lower Mississippi River 
Waterway Safety Advisory Committee (LMRWSAC) examined marine casualties 
on the LMR in the vicinity of 81 Mile Point. This subcommittee 
consisted of members of the pilots association, towing vessel industry, 
barge fleets and the Coast Guard. This subcommittee reviewed the 
location and marine investigation associated with each casualty and 
subjectively examined river conditions within this RNA. This committee 
determined that existing waterways management tools may not be 
sufficient to safely navigate in the vicinity of 81 Mile Point. 
Providing position reports to VTC New Orleans would allow the Coast 
Guard to track vessels in this proposed RNA and provide advice to 
mariners about upcoming traffic in an effort to eliminate meeting and 
overtaking scenarios at Eighty-One Mile Point.

[[Page 16755]]

Discussion of Rule

    Vessels operating within this proposed RNA (MM 167.5 to MM 187.9) 
would be required to provide position reports to VTC New Orleans at the 
following locations:
    Vessels transiting upriver would provide position reports at MM 
167.5 (Sunshine Bridge) and MM 173.7 (Bringier Point Light).
    Vessels transiting downriver would provide position reports at MM 
187.9 (Cos-mar Light) and 183.9 (Wyandotte Chemical Dock Lights).
    Vessels getting underway within this RNA would provide position 
reports immediately before getting underway and at the above locations 
when heading upriver or downriver.
    Fleet tows operating within their fleet would not be required to 
report while within the fleet but would provide a position report if 
they left the fleet or moved into the channel. Position reports would 
be made on VHF Channel 63A and would provide the name of the vessel, 
size of tow if applicable including number of loads and empties, 
destination, and confirm proper operation of their AIS if AIS is 
required under 33 CFR 164.46. At the time of the position report, the 
VTC would advise the mariner operating the vessel on upcoming traffic.

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. The Office of Management and Budget has not reviewed it 
under that Order. We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation is unnecessary. The 
rule does not prohibit transit, but merely requires checking in with 
VTS New Orleans utilizing existing equipment. The impacts on routine 
navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This RNA will not have an impact on a 
substantial number of small entities because this rule will not 
obstruct the regular flow of commercial vessel traffic conducting 
business within the RNA. It does not require the purchase of additional 
equipment and instead utilizes existing VHF capabilities already 
required by other laws or regulations.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment to Marine 
Safety Unit Baton Rouge explaining why you think it qualifies and how 
and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance; please contact LT Todd Peterson, 
Marine Safety Unit Baton Rouge at (225) 298-5400.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency

[[Page 16756]]

provides Congress, through the Office of Management and Budget, with an 
explanation of why using these standards would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) that are developed or adopted 
by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this proposed rule 
should be categorically excluded, under figure 2-1, paragraph (34)(g), 
of the Instruction, from further environmental documentation. This 
proposed rule fits in paragraph (34)(g) because it is a regulated 
navigation area. A preliminary ``Environmental Analysis Check List'' is 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision 
whether this rule should be categorically excluded from further 
environmental review.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Amend Sec.  165.810 by adding paragraph (g) to read as follows:


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

* * * * *
    (g) Movement of vessels in the vicinity of Eighty-One Mile Point, 
Geary LA mm 167.5-187.9 LMR. (1) Prior to proceeding upriver past MM 
167.5, LMR, Sunshine Bridge, vessels shall contact Vessel Traffic 
Center (VTC) New Orleans on VHF Channel 63A to check-in. Vessels must 
provide name, destination, confirm proper operation of their automated 
identification system (AIS) if required under 33 CFR 164.46 and, if 
applicable, size of tow and number of loaded and empty barges. At MM 
173.7, LMR, Bringier Point Light, ascending vessels shall contact VTC 
New Orleans and provide a follow-on position check. At both check-in 
and follow-on position check VTC New Orleans will advise the vessel on 
traffic approaching Eighty-One Mile Point.
    (2) Prior to proceeding downriver past MM 187.9, LMR, COS-MAR 
Lights, vessels shall contact Vessel Traffic Center (VTC) New Orleans 
on VHF Channel 63A to check-in. Vessels must provide name, destination, 
confirm proper operation of their automated identification system (AIS) 
if required under 33 CFR 164.46 and, if applicable, size of tow and 
number of loaded and empty barges. At MM 183.9 LMR, Wyandotte Chemical 
Dock Lights, descending vessels shall contact VTC New Orleans and 
provide a follow-on position check. At both check-in and follow-on 
position check VTC New Orleans will advise the vessel on traffic 
approaching Eighty-One Mile Point.
    (3) All vessels getting underway between miles 167.5 and 187.9 must 
check-in with VTC New Orleans on VHF Channel 63A immediately prior to 
getting underway and must comply with the respective ascending and 
descending check-in and follow-on points listed in paragraphs (g)(1) 
and (g)(2) above.
    (4) Fleet vessels must check-in with VTC New Orleans if they leave 
their respective fleet or if they move into the main channel. Fleet 
vessels are not required to check-in if they are operating exclusively 
within their fleet.

    Dated: 23 March 2007.
J. R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-6305 Filed 4-4-07; 8:45 am]
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