[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Rules and Regulations]
[Pages 41624-41626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14697]


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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: Final rule.

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SUMMARY: The Coast Guard has amended the 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 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 
Eighty-One Mile Point, MM 178 LMR. This rule requires vessels, subject 
to the Bridge to Bridge Radiotelephone Act (33 U.S.C. 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: This rule is effective August 30, 2007.

ADDRESSES: Documents indicated in this preamble as being in the docket, 
are part of docket [CGD08-07-007] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Unit Baton Rouge, 6041 
Crestmount Drive, Baton Rouge, LA 70809 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:

Regulatory Information

    On April 5, 2007 we published a notice of proposed rulemaking 
(NPRM) entitled Regulated Navigation Area; Mississippi River, Eighty-
One Mile Point in the Federal Register (72 FR 65). We received no 
comments on the proposed rule. No public meetings were requested and 
none were held.

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 part 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 RNA and provide advice to mariners about 
upcoming traffic in an effort to eliminate meeting and overtaking 
scenarios at Eighty-One Mile Point.

Discussion of Comments and Changes

    There were no comments received on this rule change. No public 
meetings were requested and none were held.

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 costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order.
    This rule does not prohibit vessel transits, barge fleeting, or 
towboat operations within the RNA, but merely requires checking in with 
VTS New Orleans using 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 rule does 
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 uses

[[Page 41625]]

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If this rule 
affects 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 rule calls 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 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 rule does not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 determined 
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 rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This 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.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
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

[[Page 41626]]

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: July 16, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
 [FR Doc. E7-14697 Filed 7-30-07; 8:45 am]
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