Amendment to Regulated Navigation Area Regulations; Lower Mississippi River

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 437 at Vicksburg, MS to mile 88

above Head of Passes. These regulations were subsequently amended on

March 21, March 28, April 4 and April 15. The amendments added

additional operating requirements for vessels of 1600 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. On

April 15, in response to moderating river conditions, the regulations

were relaxed to permit tows of up to 30 barges to operate when being

pushed by tow boats of 9,000 brake horsepower or greater.

The threat posed by high water and currents on the Lower

Mississippi River has continued to abate. The water level at the Baton

Rouge Gauge crested on March 26 at 43.8 feet. By April 14, it had

fallen to 39.6 feet and has continued to fall. It is projected to reach

37.0 feet on April 20, 1997. Similarly, the river current at the Baton

Rouge Gauge had fallen from a high of approximately 9 miles per hour on

March 26 to 7.3 miles per hour as of 14 April. On April 20, it is

projected to be 6 miles per hour. After consultation with marine

industry groups, state government agencies, and river pilots

organizations, the district commander has decided to further amend the

regulations. This amendment will permit the tow boat and barge

limitations and chemical and gas ship operating restrictions to expire

as scheduled at 12 p.m. on April 20, 1997, while maintaining the

regulations affecting self-propelled vessels of 1,600 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 deep draft vessel operations along the Lower Mississippi

River during the periods of high water in late spring and early summer.

Self-propelled vessels of 1600 or more gross tons are prohibited from

operating in this area unless they are in compliance with this

regulation.

DATES: This amended regulation is effective at 12 p.m. on April 20,

1997 and terminates at 12 p.m. on July 1, 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

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. On March 21, 1997

(62 FR 15398, 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 caused the Coast Guard to

amend this regulation for a second time on March 28, 1997 (62 FR 16081,

April 4, 1997) 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).

Although Lower Mississippi River floodwater levels had receded

somewhat by April 4, river current remained at a record high level at

that time. The loss of control of a tow as it entered the Mississippi

River from the Port Allen lock and several near-misses involving tows

longer than 600 feet exiting locks into the Mississippi River evidenced

the need to further limit the length of tows. It was determined that,

by limiting the maximum length of tows during the critical period when

they were entering or exiting locks along the Mississippi River to or

from the relatively still water of a lock forebay, towboats would be

able to exercise greater control of the tow during that critical

period. Therefore, on April 4, 1997 (62 FR 17704, April 11, 1997) the

district commander amended this regulation for the third time to

prohibit

[[Page 23359]]

tows in excess of 600 feet from entering or exiting lock forebays. This

amendment also clarified the horsepower restrictions in the earlier

regulation to make it clear that the horsepower rating of escort tugs

cannot be counted in establishing the number of barges that may be

included in a tow. The Coast Guard also extended the effective date of

the regulation to April 20, 1997, because the high water conditions

were expected to last longer than originally contemplated.

The threat posed by high water and currents on the Lower

Mississippi River has continued to abate. The water level at the Baton

Rouge Gauge crested on March 26 at 43.8 feet. By April 14, it had

fallen to 39.6 feet, and has continued to fall. It is projected to

reach 37.0 feet on April 20, 1997. The river current at the Baton Rouge

Gauge fell from a high of approximately 9 miles per hour on March 26 to

7.3 miles per hour on April 14. On April 20, it is projected to be 6

miles per hour. Several downbound test runs with varying tow and tow

boat configurations have established that river conditions are much

safer for large tow configurations than when this RNA was established.

Although the district commander has determined that water levels

and current speeds in the lower Mississippi River have returned to a

level that will permit the relaxation of some operating restrictions on

tow boats and tows, it is anticipated that spring rains and unusually

high water runoff from snow melt in the upper reaches of the

Mississippi River drainage will maintain higher than normal river and

current levels in the Lower Mississippi River for the foreseeable

future. This amendment does not affect the expiration on April 20th of

rules regulating barge number and horsepower requirements and chemical

and tank vessel operating restrictions. However, the Captain of the

Port, Marine Safety Office New Orleans has established a vessel control

safety zone in the vicinity of Wilkinson Point from mile 225 to mile

238 on the Lower Mississippi River to address navigational safety

concerns unique to that area. The requirements of this safety zone

remain in effect until changed by the Captain of the Port. Any such

changes will be included in a Marine Information Broadcast and other

communications to the industry.

Based on problems experienced by deep draft vessels operating on

the Lower Mississippi River in late spring and early summer during

periods of unusually high water and current, as is anticipated to be

the case this year, the district commander has deemed it necessary to

continue the requirements of the RNA for vessels of 1,600 tons or

greater until July 1, 1997. In most years, river and current levels

have returned to normal after July 1.

During 1995 and 1996 a total of 86 self-propelled vessels of 1,600

gross tons or greater experienced casualties involving loss of power,

loss of steering or engine irregularities during the months of April

through June. Serious consequences may result from such casualties,

especially during high water periods. Engine failure was the probable

cause of the recent M/V BRIGHT FIELD allision that caused millions of

dollars of property damage and posed grave threats of death and

personal injury to persons in the vicinity of the allision.

The regulations left in place by the district commander are

intended to enhance the safety of navigation on the river and protect

shoreside facilities by causing masters and engineers to take measures

that will minimize the risk of steering casualties and engine failure

and 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. Communications from river pilots operating within

the RNA have established the necessity and viability of these

regulations and the necessity for their continuation during a period of

traditionally high casualty rates. As a result of the operating

restrictions, pilots have seen improvements in vessels' readiness to

respond to steering causalities and main propulsion irregularities and

failures.

This rule requires that 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 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 on the river and prevent allisions 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).

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 vessels of 1600

gross tons or greater due to the nature and cost of operating vessels

of this size. The operating and manning requirements

[[Page 23360]]

established by this regulation are those of a prudent mariner and

impose little or no additional financial burden on the vessel.

Similarly, vessels routinely communicate with their agents prior to

getting underway or entering port. Therefore, the costs associated with

the requirement to include a certification that the vessel is in

compliance with 33 CFR 164.25 and certain other safety related

requirements are insignificant. 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, Waterways.

Final Regulations

For the reasons set out in the preamble the Coast Guard amends 33

CFR Part 165 as follows:

PART 165 [AMENDED]

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.T08-001, paragraphs (b)(1), (b)(2), (b)(3), (b)(4)

are revised; (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11),

(b)(12), (b)(13), (b)(14), (b)(15) are removed; and paragraph (c) is

revised to read as follows:

Sec. 165.T08-001. Regulated Navigation Area, Lower Mississippi River.

* * * * *

(b) * * *

(1) In accordance with general regulations in Sec. 165.11 of this

part, no self-propelled vessels of 1600 gross tons may operate within

the Regulated Navigation Area (RNA) contrary to this regulation.

(2) 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 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.

(3) 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.

(4) 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 p.m. on April

20, 1997 and terminates at 12 p.m. on July 1, 1997.

Dated: April 19, 1997.

Timothy W. Josiah,

Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

[FR Doc. 97-11209 Filed 4-29-97; 8:45 am]

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