Regulated Navigation Area Regulations; Mississippi River, LA Regulated Navigation Area

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.

-----------------------------------------------------------------------

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