[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16081-16082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8777]
[[Page 16081]]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CCGD08-97-008]
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 (62 FR14637, 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 FR15398, 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 are causing the Coast Guard
to amend for a second time the regulation 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). The Coast Guard is also extending the effective date of the
regulation to April 10, 1997, because the high water conditions are
expected to last longer than originally contemplated. 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 transmitting of self-propelled vessels of 1600
or more gross tons and chemical and gas ships are prohibited from
entering this area unless they are in compliance with this regulation.
EFFECTIVE DATES: This amended regulation is effective at 12:00 p.m. on
March 29, 1997 and terminates at 12 p.m. on April 10, 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 is
approaching an all time high. Several recent vessel allisions with
bridges, one of which involved a chemical barge, and barge breakaways,
including one involving 134 barges from two barge fleeting facilities,
have been caused by strong currents and eddies resulting from flood
conditions on the Lower Mississippi River. The Commander, Eighth Coast
Guard District has already placed operating restrictions on 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). The district commander is now
establishing requirements for fleeting operations in which chemical
barges are maintained. In addition, these new regulations will
establish requirements for both upbound and downbound tows containing
chemical barges, and for downbound chemical or gas ships operating on
the Lower Mississippi River from mile 437 at Vicksburg, MS to mile 78
above Head of Passes. Downbound chemical or gas ships will be limited
to daylight transit only. 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 Southwest
Pass.
For purposes of this amended regulation, ``chemical barges'' are
defined as barges authorized to carry cargoes listed under Title 46,
Code of Federal Regulations Sec. 151 (Subchapter O); ``chemical ships''
are defined as U.S. flagged or foreign-flagged vessels subject to the
requirements of Title 46, Code of Federal Regulations, part 153
(Subchapter O); and ``gas ships'' are defined as U.S. flagged or
foreign-flagged vessels subject to the requirements of Title 46, Code
of Federal Regulations, part 154 (Subchapter O).
This amended regulation requires that chemical barges maintained in
a fleeting area be placed in a protected position within the fleet.
Whenever possible, shifting of chemical barges within a fleeting
area shall be limited to daylight hours.
Upbound and downbound tows containing chemical barges shall place
them in the most protected position within the tow configuration.
Downbound chemical or gas ships operating on the Lower Mississippi
River from mile 437 at Vicksburg, MS to mile 78 above Head of Passes
shall only transit during daylight hours.
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.
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).
For the reasons expressed below (Small Entities), 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 chemical or gas
ships 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. This amendment requires towing operations to place
chemical barges in the most protected position within the tow
configuration. This is not a constraint on operation since it does not
limit the type or kind of barges within a tow, but merely requires
prudence when configuring a tow. No additional restrictions on
[[Page 16082]]
transit for towing operations are imposed by this amendment. This
regulation may also affect fleet operators by requiring that chemical
barges be moored in a protected position within the fleet. The
regulation also requires that, if chemical barges are to be shifted in
a fleeting area, when possible they be shifted during the day. These
requirements are consistent with accepted industry practice, impose
minimal financial burdens, and are consistent with the actions of
prudent operators 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.
Temporary Regulations
For the reasons set out in the preamble the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--[AMEMDED]
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 Section 165.T08-001 paragraph (b)(8) is revised; paragraphs
(b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), and (b)(15) are
added; and paragraph (c) is revised to read as follows:
Sec. 165.T08-001 Regulated Navigation Area; Lower Mississippi River.
* * * * *
(b) * * *
(8) For purposes of this section, ``chemical barges'' are defined
as barges authorized to carry cargoes listed under 46 CFR part 151
(Subchapter O).
(9) Chemical barges maintained in a fleeting area shall be placed
in a protected position within the fleet.
(10) Whenever possible, shifting of chemical barges within a
fleeting area shall be limited to daylight hours.
(11) Upbound and downbound tows containing chemical barges shall
place them in the most protected position within the tow configuration.
(12) For purposes of this section, ``chemical ships'' are defined
as U.S. flagged or foreign-flagged vessels subject to the requirements
of 46 CFR part 153 (Subchapter O).
(13) For purposes of this section, ``gas ships'' are defined as
U.S. flagged or foreign-flagged vessels subject to the requirements of
46 CFR part 154 (Subchapter O).
(14) Downbound chemical or gas ships operating on the Lower
Mississippi River from mile 437 at Vicksburg, MS to mile 78 above Head
of Passes shall only transit during daylight hours.
(15) 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 12:00 p.m. on
March 29, 1997 and terminates at 12 p.m. on April 10, 1997.
Dated: March 28, 1997.
Timothy W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-8777 Filed 4-2-97; 2:44 pm]
BILLING CODE 4910-14-M
