[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Proposed Rules]
[Pages 45775-45777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23076]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CCGD08-97-020]
RIN 2115-AE84
Regulated Navigation Area Regulations; Mississippi River, LA--
Regulated Navigation Area
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise the Regulated
Navigation Area (RNA) established under 33 CFR 165.810 by incorporating
portions of the temporary RNA that affects vessels of 1,600 gross tons
or greater operating on the Mississippi River. This revision requires
enhanced safety procedures for vessels of 1,600 gross tons or greater
operating on the Mississippi River. The Coast Guard is also proposing
to require moored or anchored passenger vessels with embarked
passengers to maintain a manned pilothouse watch for the safety of the
vessel, crew and passengers.
DATES: Comments must be received on or before October 14, 1997.
ADDRESSES: Comments should be mailed to Commander, Eighth Coast Guard
District (mov-1), Room 1341, Hale Boggs Federal Building, 501 Magazine
Street, New Orleans, LA 70130-3396. The comments and other materials
referenced in this notice will be available for inspection and copying
at the Eighth Coast Guard District Marine Safety Division Office, New
Orleans, LA during normal office hours between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. Comments may also be
hand delivered to this address.
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:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, data or arguments. Receipt of comments will
be acknowledged if a stamped self-addressed postcard is enclosed.
Persons submitting comments should include their names and addresses,
identify this notice (CGD 08-97-20) and the specific section of the
proposal that the comments apply, and give reasons for each comment.
Please submit two copies of all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. The Coast Guard will consider all comments received
during the comment period and may change this proposed rule in view of
the comments.
The Coast Guard plans no public hearings. Persons may request a
public hearing by writing to the Marine Safety Division at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Regulatory History
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 high
capacity passenger vessels operating on the Mississippi River. These
orders required those vessels to maintain a manned pilothouse watch 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 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 affecting the
operation of downbound tows in the Lower Mississippi River from mile
437 at Vicksburg, MS to mile 88 above Head of Passes. These regulations
were subsequently amended on March 21 (62 FR 15398, April 1, 1997),
March 29 (62 FR 16081, April 4, 1997), April 4 (62 FR 17704, April 11,
1997), April 20 (62 FR 23358, April 30, 1997). The amendments added
additional 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 was also prompted by
unprecedented high waters on the Mississippi River. Conditions on the
Lower Mississippi River became so severe that it necessitated the
opening of the Bonnet Carre Spillway by the Army Corps of Engineers in
order to ease high water conditions and partially combat very strong
river currents. The high-water conditions 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 (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
[[Page 45776]]
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 October 31, 1997, pursuant to a notice published in 62 FR 35097.
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.
Background and Purpose
In the interest of navigation safety in the narrow confines of the
Lower Mississippi River, the Coast Guard is seeking to make permanent
the regulations affecting self-propelled vessels of 1,600 gross tons or
greater by incorporating them into 33 CFR 165.810. The regulated
navigation area is needed to protect vessels, bridges, shore-side
facilities, commercial businesses and the public from a safety hazard
created by deep-draft vessel operations 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 proposed 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. Comments from river pilots operating within the
RNA have established the necessity and viability of these regulations
and the necessity for their continuation. As a result of the operating
restrictions, pilots have seen improvements in vessels' readiness to
respond to steering casualties and main propulsion irregularities and
failures. Self-propelled vessels of 1,600 or more gross tons are
prohibited from operating in this area unless they are in compliance
with this regulation.
33 CFR 164.25 requires that before a person causes a vessel to
enter or get underway on the navigable waters of the United States a
series of steering systems, main propulsion machinery, and other
equipment tests shall be conducted. Subsection 164.11(q) mandates that
the tests required by Sec. 164.25 are made and recorded in the vessel's
log. This allows the pilot to verify that the tests required by
Sec. 164.25 have been conducted and logged in accordance with
subsection 164.11(q).
As an enhanced safety precaution for passenger vessels anchored or
moored within the regulated navigation area, the Coast Guard is seeking
to make permanent a regulation requiring certain passenger vessels to
maintain a manned pilothouse watch to monitor river and/or waterway
activity, 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. The Coast Guard believes that this measure will
significantly enhance the safety of passenger vessels moored or
anchored within the regulated navigation area.
Each ferryboat, and each small passenger vessel that operates with
49 or less passengers, would 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 associated reduced risk while
passengers are aboard.
Discussion of Regulation
The existing regulation in 33 CFR 165.810 establishes a Regulated
Navigation Area for the waters of the Mississippi River below Baton
Rouge, LA, including South Pass and Southwest Pass. By this proposed
rule the Coast Guard adds specific operational requirements to certain
vessels when transiting, moored or anchored in the Regulated Navigation
Area. 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.
Subsection (e) of this proposed rule addresses additional operating
requirements for passenger vessels with embarked passengers. Passenger
vessels shall continuously man the pilothouse and remain apprised of
river activities in their vicinity by monitoring VHF emergency and
working frequencies. This would allow 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 visual indication of a problem is
received or detected.
An exception to this proposed rule is made for any ferryboat or
small passenger vessel that operates with 49 or fewer passengers. These
vessels are not required to continuously man the pilothouse since
personnel may monitor VHF frequencies via a portable radio from a
vantage point other than the pilot house.
Subsection (f) of this proposed rule pertains to all self-propelled
vessels bound by 33 CFR part 164. The proposed rule requires that the
master shall ensure the vessel is in compliance with 33 CFR part 164
and that the engine room is manned at all times while the vessel is
underway in the RNA. Additionally, this subsection requires that the
master ensure that 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; automatic or load limiting
throttle systems are operating in the manual mode with engines
available to immediately answer maneuvering commands; cooling,
lubricating and fuel oil systems are within proper temperature
parameters; and standby systems are ready to be placed immediately in
service. These additional operating conditions are required so long as
the vessel is underway in the RNA.
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. 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 proposed rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. Although the exact cost of the impact
of this proposed rule is not known the safety benefits derived from
these rules far exceed the de minimus nature of the costs. 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 liability. It is
difficult to precisely quantify the benefits accrued from the
prevention of collisions and allisions on the Lower Mississippi
[[Page 45777]]
River. Nevertheless, this proposed rule represents a minimal cost in
return for the heightened safety on this waterway, particularly given
the fact that the requirements in this proposed rule supplement
existing regulatory requirements.
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. The Coast Guard has reviewed it for
potential impact on small entities. The Coast Guard does not believe
that any of the entities affected by this proposed rule qualify as
small entities. Furthermore, because the proposed rule affects deep-
draft vessels underway and passenger vessels when passengers are
onboard, and because a ferryboat or small passenger vessel carrying 49
people or less may monitor using a portable radio from a vantage point
other than the pilot house, the Coast Guard's position is that this
proposed rule will not have a significant economic impact on a
substantial number of small entities. If, however, an individual or
organization believes that its business or organization qualifies as a
small entity and that this proposed rule will have a significant
economic impact on its business or organization, please submit a
comment (see ADDRESSES) explaining why the individual or organization
believes it qualifies and in what way and to what degree this proposed
rule will adversely affect it.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612, and it is
determined that it does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1B (as revised by 61 FR 13563, March 27, 1996), this
proposed 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, Mine safety, Navigation (waters), Reporting and
recordkeeping requirements, Safety measures, and Waterways.
In consideration of the foregoing, the Coast Guard proposes to
amend 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, paragraph (a) is revised and new paragraphs (e)
and (f) are added to read as follows:
Sec. 165.810 Mississippi River, LA-regulated navigation area.
(a) Purpose and applicability: This section prescribes rules for
all vessels operating in the Mississippi River below Baton Rouge, LA,
including South Pass and Southwest Pass, to assist in the prevention of
collisions and groundings so as to ensure port safety and to enhance
the safety of passenger vessels moored or anchored in the Mississippi
River. * * *
(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 whenever one or more passengers are
aboard shall:
(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 in the
event that an emergency radio broadcast, danger signal or visual
indication of a problem is received or detected.
(2) Each ferryboat, and each small passenger vessel that operates
with 49 or less passengers, may monitor river activities using a
portable radio from a vantage point other than the pilothouse.
(f) All self-propelled vessels subject to the regulations at 33 CFR
part 164 shall also comply with the following:
(1) The engine room shall be manned at all times while underway in
the RNA.
(2) Prior to embarking a pilot when entering or getting underway 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 underway 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) Automatic or load limiting main propulsion plant throttle
systems are operating in manual mode with engines available to
immediately answer maneuvering commands; and
(iv) Main propulsion standby systems are ready to be immediately
placed in service.
Dated: August 22, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 97-23076 Filed 8-28-97; 8:45 am]
BILLING CODE 4910-14-M
