[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18810-18814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9568]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CCGD08-97-020]
RIN 2115-AE84
Mississippi River, LA: Regulated Navigation Area
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the Regulated Navigation Area
(RNA) for vessels operating in the Mississippi River below Baton Rouge,
including South Pass and Southwest Pass, by adding requirements for
vessels of 1,600 gross tons or greater operating in the RNA. These
requirements entail enhanced safety procedures for vessels of 1,600
gross tons or greater operating on the Mississippi River. The Coast
Guard is also requiring moored or anchored passenger vessels with
embarked passengers to maintain manned pilothouse watches for the
safety of the vessel, crew and passengers.
DATES: This final rule is effective April 16, 1999, with the exception
of Sec. 165.810(f)(1), which is effective June 1, 1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Eighth Coast Guard District,
Marine Safety Division, 501 Magazine Street, Room 1341, New Orleans,
LA, during normal office hours between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is (504)
589-4686.
FOR FURTHER INFORMATION CONTACT: Mr. M.M. Ledet, Vessel Traffic
Management Specialist, at the Eighth Coast Guard District, Marine
Safety Division, New Orleans, LA, or by telephone at (504) 589-4686.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 30, 1997 (62 FR 58650), the Coast Guard published an
interim rule with request for comments entitled ``Regulated Navigation
Area Regulations; Mississippi River, LA-Regulated Navigation Area'' in
the Federal Register. The Coast Guard received nine letters commenting
on the interim rule. One comment requested a public hearing to discuss
33 CFR 165.810(e) ``Watch requirements for anchored and moored
passenger vessels.'' Because this section was not open for comment,
since there had been several previous opportunities for the public to
provide input on this watch requirement, the Coast Guard did not opt to
hold a public hearing. However, the Coast Guard took into consideration
the information contained in the comment pertaining to 33 CFR
165.810(e) and, after a thorough review of the existing regulations,
has changed this section to eliminate any confusion as to the
definition of a ``small passenger-carrying vessel'' by referring to the
definition contained in 46 CFR 175.110.
On August 29, 1997 (62 FR 45775), the Coast Guard published a
notice of proposed rulemaking entitled ``Regulated Navigation Area
Regulations; Mississippi River, LA-Regulated Navigation Area'' in the
Federal Register. The Coast Guard received two letters commenting on
the proposed rulemaking. No public hearing was requested, and none was
held. On December 14, 1996, the 36,000 gross ton M/V BRIGHT FIELD
allided with the Riverwalk store complex causing extensive damage and
numerous injuries. This marine casualty prompted the Captain of the
Port New Orleans to issue Captain of the Port Orders to moored or
anchored passenger vessels operating on the Mississippi River. These
orders required those vessels to maintain manned pilothouse watches in
order to monitor river activity and to be immediately available to
activate emergency procedures to protect the vessel, crew, and
passengers in the event of an emergency procedures to protect the
vessel, crew, and passengers in the event of an emergency radio
broadcast, danger signal, or other, visual indication of a problem. The
initial intent of this order was to establish an interim measure to
prevent future allisions and collisions. On March 18, 1997 (62 FR
14637, March 27, 1997), the Coast Guard established a temporary
regulated navigation area (RNA) affecting the operation of downbound
tows in the Lower Mississippi River from mile 437 at Vicksburg, MS, to
mile 88 above Head of Passes. This RNA was subsequently amended on
March 31, (62 FR 15398, April 1, 1997), March 29 (62 FR 16081, April 4,
1997), April 4 (62 FR 17704, April 11, 1997) and April 20 (62 FR 23358,
April 30, 1997). The amendments added operating requirements for
vessels of 1,600 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.
This RNA and its subsequent amendments were also prompted by
unprecedented high waters on the Mississippi River. Conditions on the
Lower Mississippi River became so severe that they necessitated the
opening of the Bonnet Carre Spillway by the Army Corps of Engineers in
order to ease high water and partially combat very strong river
currents. The high water contributed to numerous barge breakaways and a
marked increase in vessel accidents. The additional operating
requirements were designed to provide a greater margin of safety for
vessels of 1,600 gross tons or greater operating on this waterway.
On April 20, 1997 (62 FR 23358, April 30, 1997), the towboat and
barge limitations and the chemical and gas ship operating restrictions
expired. The regulations affecting self-propelled vessels of 1,600
gross tons or greater were extended until July 1, 1997. On June 24,
1997 (62 FR 35097, June 30, 1997), the regulations affecting self-
propelled vessels of 1,600 gross tons or greater were again extended,
until
[[Page 18811]]
October 31, 1997. The purpose of this extension was to maintain the
enhanced margin of safety that had been facilitated by these
regulations. Although the Lower Mississippi River was receding,
dangerous and unpredictable currents remained.
This final rule makes permanent the requirements of the temporary
RNA, 33 CFR 165.T08-001, and adds those requirements to the permanent
RNA established in 33 CFR 165.810. There was no adverse feedback from
the public on the extensions or the concomitant operating requirements.
Moreover, the additional operating requirements imposed increased the
level of safety in the RNA.
Background and Purpose
In the interest of navigation safety in the narrow confines of the
Lower Mississippi River, the Coast Guard is revising the regulations in
33 CFR 165.810 affecting self-propelled vessels of 1,600 gross tons or
greater. The RNA described in this rule is required to protect vessels,
bridges, shore-side facilities, commercial businesses, and the public
from a safety hazard created by operations of deep-draft vessels along
the Lower Mississippi River. During 1995 and 1996 over 300 self-
propelled vessels of 1,600 gross tons or greater operating on the
Mississippi River experienced casualties involving loss of power, loss
of steering, or engine irregularities. The regulations will enhance the
safety of navigation on the river and protect shoreside facilities,
including commercial businesses, by causing masters and engineers to
take measures that will minimize the risk of steering casualties,
engine failures, and engine 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.
To enhance safety for passenger vessels anchored or moored within
the RNA, the Coast Guard is requiring certain passenger vessels to
maintain manned pilothouse watches to monitor activity on the water and
to be immediately available to activate emergency procedures to protect
the vessel, crew, and passengers in the event of an emergency radio
broadcast, danger signal, or other, visual indication of a problem.
This measure will significantly enhance the safety of passenger vessels
moored or anchored within the RNA. Each ferryboat, and each small
passenger vessel to which 46 CFR 175.110 applies, will be required to
monitor and respond, but may conduct monitoring from a vantage point
other than the pilothouse using a portable radio. These vessels were
given consideration because of their relatively small size and the
distribution of safety and emergency system controls throughout the
vessel.
Discussion of Rule
The existing regulation in 33 CFR 165.810 establishes an RNA for
the waters of the Mississippi River below Baton Rouge, LA, including
South Pass and Southwest Pass. By this rule the Coast Guard adds
specific operational requirements to certain vessels when transiting,
moored, or anchored in the RNA. These requirements are designed to
assist in the prevention of collisions and groundings, ensure port
safety, enhance the safety of moored or anchored passenger vessels, and
protect the navigable waters of the Mississippi River from
environmental harm.
Subsection (e) of this rule addresses additional operating
requirements for passenger vessels with embarked passengers. Passenger
vessels shall continuously man their pilothouse and remain apprised of
river activities in their vicinity by monitoring VHF emergency and
working frequencies. This allows an individual operating a passenger
vessel to be immediately available to take necessary action to protect
the vessel, crew, and passengers in the event that an emergency
broadcast, danger signal or other visual indication of a problem is
received or detected. An exception to this rule is made for ferryboats,
and for small passenger vessels to which 46 CFR 175.110 applies.
Continuously manned pilothouses are not required on these vessels since
shipboard emergency systems are normally distributed throughout the
vessel rather than being centralized on the bridge and in the
engineroom. Vessel personnel can adequately monitor VHF frequencies by
portable radio from a vantagepoint other than the pilothouse.
Subsection (f) of this rule pertains to all self-propelled vessels
of 1,600 or more gross tons covered by 33 CFR Part 164. The rule
requires that the master shall ensure that the vessel is in compliance
with 33 CFR Part 164 and that the engineroom is manned at all times
while the vessel is under way in the RNA. Additionally, this subsection
requires the master to ensure the chief engineer has certified that the
main propulsion plant is ready in all respects for operations including
the main-propulsion air-start systems, fuel systems, lube-oil systems,
cooling systems, and automation systems; that main propulsion machinery
is available to immediately respond to the full range of maneuvering
commands; that any load-limiting programs or automatic acceleration-
limiting programs that would limit the speed of response to engine
orders beyond that needed to prevent immediate damage to the propulsion
machinery are capable of being overridden immediately; that cooling,
lubricating, and fuel-oil systems are within proper temperature
parameters; and that standby systems are ready to be placed immediately
in service. These additional operating conditions are required so long
as the vessel is under way in the RNA.
Discussion of Comments and Changes
The Coast Guard received nine comments regarding the interim rule.
Comment Relating to 33 CFR 165.810(e)
One comment received pertained to paragraph (e) of this rule.
Although this subsection was not open for comment, the comment voiced
the opinion that the term ``small passenger vessel'' needed to be
defined and that passenger-carrying vessels without provisions for
overnight passengers should not be included in the prescriptive
provisions of this RNA rule. It was learned during the investigation
into the M/V BRIGHT FIELD collision that the US-flagged vessels in the
area were the QUEEN OF NEW ORLEANS and the CREOLE QUEEN. The QUEEN OF
NEW ORLEANS was moored, and the CREOLE QUEEN had just got underway.
Each had a manned bridge, which heard the VHF-FM broadcast and could
ascertain the situation and take appropriate action. The two foreign-
flagged vessels near the accident were the M/V ENCHANTED ISLE and the
M/V NIEUW AMSTERDAM. Each was moored, and neither monitored the VHF-FM
radio, but each had an officer on the bridge who quickly ascertained
the emergency situation and began implementing emergency measures.
This regulation will require passenger vessels to man the
pilothouse and will impose a high standard of care, which the four
vessels discussed met without a regulation. This regulation imposes on
transient vessels, including foreign-flag passenger vessels, the same
standard of care already placed on local passenger vessels in their
Certificate of Inspection issued by the OCMI. However, after careful
review of the arrangement and configuration of these vessels and the
comment's concern that the regulations did not specifically define
``small passenger vessel'' in the proposed rules, the Coast Guard has
revised paragraph (e)(2) to allow all small passenger
[[Page 18812]]
vessels to which 46 CFR 175.110 applies to use portable radios to
continuously monitor vessel-traffic and river conditions.
Comments Relating to 33 CFR 165.810(f)
The remaining eight comments addressed paragraph (f)(3)(iii) of the
interim rule. Seven of the eight comments proposed that the ``Manual
Mode'' provision should be removed. One comment in particular stressed
that the proposed rule--as written--would detrimentally affect the
safety of a particular company's operation. It stated that the proposed
33 CFR 165.810 (f)(3)(iii), which requires ``[a]utomatic or load
limiting main propulsion plant throttle systems [to be] operated in the
manual mode with engines available to immediately answer maneuvering
commands,'' will reduce the level of safety presently maintained by the
company's vessels. It explained that the company's vessels now use
engine control systems designed to be operated from the bridge. The
comment also indicated that the control systems could override any of
the automatic-stop or load-limiting functions from the bridge, the
engine-control room, or the emergency-maneuvering platform on the
engine side. Essentially, this comment contended that the company's
vessels have the full range of engine speed from all stations. The
comment further noted that requiring operation of the engine-control
system in the manual mode from the engine-control room removed one
engineer from emergency response and that maneuvering in the manual
mode put one more human element into the engine-control system. The
comment also stated that the company has safety-management practices in
place that address the concerns expressed in proposed 33 CFR
165.810(f)(3)(iii). Lastly, this comment recommended that that rule be
replaced with 33 CFR 164.13(b), which would apply to all vessels. This
rule requires that ``[e]ach tanker must have an engineering watch
capable of monitoring the propulsion system, communicating with the
bridge, and implementing manual control measures immediately when
necessary. The watch must be physically present in the machinery spaces
or in the main control space and must consist of at least a licensed
engineer.''
Discussion of Change to ``Manual Mode'' Provision
The Coast Guard agrees with that portion of the comment that
pertains to the concerns that 33 CFR 165.810(f)(3)(iii) could impair
the safety of vessels. It is possible that different engineroom
configurations could cause confusion as to what precisely ``manual
mode'' entails. For example, one master could interpret manual mode as
requiring operation of the main engine from the engine-side throttle
control, while another could interpret it as allowing engineroom-watch
personnel to operate the main engine from the control booth. This
confusion, and the possibility of automatic control systems being
placed in jeopardy if main-propulsion throttle-system computer programs
are deactivated or placed in a manual override mode in order to achieve
a ``manual mode'' state, warrants further study by the Coast Guard in
conjunction with industry. Therefore, the language contained in 33 CFR
165.810(f)(3)(iii) that required ``[a]utomatic or load limiting main
propulsion plant throttle systems [to be] operated in the manual mode
with engines available to immediately answer maneuvering commands,'' is
changed in this rule. Accordingly, 33 CFR 165.810(f)(3)(iii) will now
require that main propulsion machinery be available to immediately
respond to the full range of maneuvering commands, and that any load-
limiting programs or automatic acceleration-limiting programs that
would limit the speed of response to engine orders beyond that needed
to prevent immediate damage to the propulsion machinery be capable of
being overridden immediately.
Discussion of Change to Engineroom Manning
This final rule, like its predecessors, will require that the
engineroom be manned at all times while the vessel is under way in the
RNA. This manning requirement significantly increases safety by placing
qualified eyes and ears in close proximity to the detailed alarms and
indicators, the operating machinery, and the machinery controls. This
rule does tie at least one engineering watchstander to the engineroom
for watch responsibilities, limiting that engineer's availability for
response to casualties elsewhere. However, the Coast Guard believes the
presence of a licensed engineer in the engineroom, capable of immediate
communications with the bridge, is essential to the safety of the
vessel and the port. For clarity, 33 CFR 165.810(f)(1) is changed to
read: ``* * * each vessel must have an engineering watch capable of
monitoring the propulsion system, communicating with the bridge, and
implementing manual-control measures immediately when necessary. The
watch must be physically present in the machinery spaces or in the
machinery-control spaces and must consist of at least a licensed
engineer.''
The Coast Guard considers this change to Sec. 165.810(f)(1) to be
within the scope of the language contained in the interim rule for this
same section. The requirement for the physical presence of a licensed
engineer in the machinery spaces or machinery control spaces is a
logical outgrowth of the interim rule's requirement that the
``engineroom shall be manned at all times.'' Moreover, the existing
practice in the RNA for self-propelled vessels of 1,600 gross tons or
greater is to ``man'' the engineroom at all times with a licensed
engineer. The use of a licensed engineer also adheres to the
requirements established under Standard of Training and Certification
of Watchstanding (STCW). However, since this change to
Sec. 165.810(f)(1) employs terms different from those contained in the
interim rule, the Coast Guard will accept comments limited to this
particular section of the final rule. If the Coast Guard receives
comments that indicate there is a significant impact due to the
difference between what was published in the interim rule and what is
established in the final rule, it will open an additional comment
period for Sec. 165.810(f)(1) only.
Discussion Limiting Rule to Deep-Draft Vessels
The eighth comment noted that the proposed rule, as written, would
force towboats and tugboats to comply with the same operational
requirements that apply to deep-draft vessels even though the
requirements are ill-suited for towing. It noted that the language in
the proposed rule does not take into account a recent change to 33 CFR
Part 164. In the past, Part 164 applied only to self-propelled vessels
of 1,600 or more gross tons. However, the Final Rule on Navigation
Safety Equipment for Towing Vessels, published in the July 3, 1996 (61
FR 35064), amended part 164 to include ``towing vessels of 12 meters or
more in length.'' As a result of this change, the proposed rule would
have the unintended result of requiring towboats and tugboats to comply
with requirements that do not apply to their mode of operation. The
Coast Guard agrees with this comment. The intent of the proposed rule
was that it applies only to vessels of 1,600 gross tons or greater, not
to towboats or tugboats. The final rule has been amended to eliminate
this unintended result.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not
[[Page 18813]]
require an assessment of potential cost and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1997). The Coast Guard expects the
economic impact of this rule to be so minimal that full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. The Coast Guard expects this because
it did not receive any comments on the expense of implementing this
rule. This rule does not require that additional personnel are required
aboard each vessel; rather, it requires existing watchstanding
personnel to be immediately available to respond to vessel emergencies.
This rule establishes additional requirements in order to enhance
vessel safety and better protect property within the RNA. This rule did
impose additional costs, the Coast Guard believes they would be far
outweighed by the safety benefits accrued from the rule. The prevention
of another M/V BRIGHT FIELD-type allision would save shoreside
businesses, maritime users, and the public in general tens of millions
of dollars in potential property damage and personal injury.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers the economic impact on small entities of each
rule for which a general notice of proposed rulemaking is required.
``Small entities'' include 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. Because this final rule affects deep-
draft vessels under way and passenger vessels when passengers are
onboard, and because a ferryboat or small passenger vessel may monitor
river activities using a portable radio from a vantage point other than
the pilothouse, the Coast Guard's position is that this rule will not
have a significant economic impact on a substantial number of small
entities.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 602 et seq.) that this rule will
not have a significant economic impact on a substantial number of small
entities. If, however, you think that your business or organization
qualifies as a small entity and that this rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this rule will economically affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact Mr. M.M. Ledet, Vessel Traffic
Management Specialist, at the Eighth Coast Guard District, Marine
Safety Division, new Orleans, LA, or by telephone at (504) 589-4686,
for assistance.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1B (as revised by 61 FR 13563; March 27,
1996), this rule 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.
In consideration of the foregoing, the Coast Guard amends part 165
of Title 33, Code of Federal Regulations, to read 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. 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. 165.810, revise paragraphs (e) and (f) to read as
follows:
Sec. 165.810 Mississippi River, LA--regulated navigation area.
* * * * *
(e) Watch requirements for anchored and moored passenger vessels.
(1) Passenger vessels. Except as provided in paragraph (e)(2) of
this section, each passenger vessel with one or more passengers on
board, must--
(i) Keep a continuously manned pilothouse; and
(ii) Monitor river activities and marine VHF, emergency and working
frequencies of the port, so as to be immediately available to take
necessary action to protect the vessel, crew, and passengers if an
emergency radio broadcast, danger signal, or visual or other indication
of a problem is received or detected.
(2) Each ferryboat, and each small passenger vessel to which 46 CFR
175.110 applies, may monitor river activities using a portable radio
from a vantage point other than the pilothouse.
(f) Each self-propelled vessel of 1,600 or more gross tons subject
to 33 CFR part 164 shall also comply with the following:
(1) While under way in the RNA, each vessel must have an
engineering watch capable of monitoring the propulsion system,
communicating with the bridge, and implementing manual-control measures
immediately when necessary. The watch must be physically present in the
machinery spaces or in the machinery-control spaces and must consist of
at least a licensed engineer.
(2) Before embarking a pilot when entering or getting under way in
the RNA, the master of each vessel shall ensure that the vessel is in
compliance with 33 CFR part 164.
(3) The master shall ensure that the chief engineer has certified
that the following additional operating conditions will be satisfied so
long as the vessel is under way within the RNA:
(i) The main propulsion plant is in all respects ready for
operations including the main-propulsion air-start systems, fuel
systems, lubricating systems, cooling systems, and automation systems;
(ii) Cooling, lubricating, and fuel-oil systems are at proper
operating temperatures;
(iii) Main propulsion machinery is available to immediately respond
to the full range of maneuvering commands any load-limiting programs or
automatic acceleration-limiting programs that
[[Page 18814]]
would limit the speed of response to engine orders beyond that needed
to prevent immediate damage to the propulsion machinery are capable of
being overridden immediately.
(iv) Main-propulsion standby systems are ready to be immediately
placed in service.
Dated: March 22, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-9568 Filed 4-15-99; 8:45 am]
BILLING CODE 4910-15-M
