[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
