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

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is revising the Regulated Navigation Area

(RNA) for vessels operating in the Mississippi River below Baton Rouge,

Louisiana including South Pass and Southwest Pass by adding additional

requirements for vessels of 1,600 gross tons or greater operating in

the RNA. 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 requiring moored or anchored passenger vessels with

embarked passengers to maintain a manned pilothouse watch for the

safety of the vessel, crew and passengers.

DATES: This interim rule is effective October 30, 1997. Comments must

reach the Coast Guard on or before December 29, 1997.

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:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments

specifically pertaining to 33 CFR Sec. 165.810(f)(3)(iii) of this rule.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD08-97-020) and the specific section of

this document to which each comment applies, and give the reason 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. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this rule in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include the reasons why a hearing

would be beneficial. If it determines 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 Information

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. No public hearing was requested and none was held.

The Coast Guard received 2 letters commenting on the proposed

rulemaking. Based on information presented in one of the comments,

concerning proposed 33 CFR 165.810(f)(3)(iii), the Coast Guard is

reconsidering this provision. This rule is being published as an

interim rule and the Coast Guard requests all interested parties to

comment on 33 CFR 165.810(f)(3)(iii).

On December 14, 1996, the 36,000 gross ton M/V BRIGHT FIELD, while

transiting the Lower Mississippi River, allided with the Riverwalk

store complex in New Orleans, Louisiana 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) and 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 and

South Pass of the Mississippi River.

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 sever 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

gross tons or greater were extended until

[[Page 58651]]

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. 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 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 by the

temporary RNA increased the level of safety in the RNA. The interim

rule is effective immediately upon expiration of the temporary RNA so

that there will be no lapse either in watch requirements for anchored

or manned passenger vessels and in operating requirements for vessels

1,600 gross tons or greater. A lapse would have a detrimental impact on

vessel safety in the RNA. Because of safety considerations, and given

the fact that the temporary RNA has been in effect for over six months,

good cause exists for making this rule effective upon publication in

the Federal Register.

Background and Purpose

In the interest of navigation safety in the narrow confines of the

Lower Mississippi River, the Coast Guard is making permanent the

temporary regulations in 33 CFR 165.T08-001 affecting self-propelled

vessels of 1,600 gross tons or greater. The Coast Guard is

incorporating the temporary regulations into the permanent regulations

at 33 CFR 165.810. The regulated navigation area described in this rule

is required to protect vessels, bridges, shoreside 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

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.

As an enhanced safety precaution for passenger vessels anchored or

moored within the regulated navigation area, the Coast Guard is

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. 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, will

be required to monitor and respond, but may conduct monitoring form a

vantage point other than the pilothouse using a portable radio. These

vessels were give consideration because of their relatively small size

and associated reduced risk while passengers are aboard.

Discussion of Interim Rule

The existing regulation in 33 CFR Sec. 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 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

allision, collision and grounding, 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 the 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 visual indication of a problem is received

or detected. An exception to this 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 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 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 the master to ensure the chief engineer has certified that:

the main propulsion plant is ready in all aspects 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.

Discussion of Comments and Changes

The Coast Guard received two comments regarding the proposed

rulemaking. One comment stated that the proposed rule as written will

detrimentally affect the safety of a particular company's operation. It

stated that the proposed requirement in 33 CFR Part 165.810(f)(3)(iii),

that 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. The

comment explained that the company's vessels presently utilize engine

control systems designed to be operated from the bridge. The comment

also indicated the control systems can 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. The

comment also indicated the company's vessels have the full range of

engine speed from all stations. The comment further indicated that

requiring operation of the engine control system in the manual mode

from the engine control room removed one engineer from emergency

response

[[Page 58652]]

capabilities and that maneuvering in the manual mode put one more human

element into the engine control system. The comment also noted that the

company has safety management practices in place that address the

concerns expressed in 33 CFR Part 165.810(f)(3)(iii). The comment

further recommended that the proposed rule in 33 CFR Part

165.810(f)(3)(iii) be replaced with 33 CFR Part 164.13(b) and that the

rule apply to all vessels. The latter regulation 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.''

The Coast Guard agrees in part with that portion of the comment

asserting that 33 CFR Part 165.810(f)(3)(iii) could adversely impact

the safety of vessels. It is possible that different engine room

configurations could cause confusion at 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 read this regulation as allowing engine

room 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. The

Coast Guard is also reopening to the public a 60 day comment period to

specifically address 33 CFR Part 165.810(f)(3)(iii). This will allow

the Coast Guard to better ascertain the impact of this subsection upon

the public.

Replacing 33 CFR 165.810(f)(3)(iii) with 33 CFR 164.13(b) as

recommended in the comments does not address operation of the engines

in the manual mode and therefore does not provide the margin of safety

the Coast Guard may ultimately find necessary. The proposed regulation

does tie at least one engineering watchstander to the engine room 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 engine room, capable of

immediate communications with the bridge, is essential to the safety of

the vessel and the port. No changes to the proposed rule were made.

The second 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 operations. The comments noted

that the language in the proposed rule does not take into account a

recent change to 33 CFR Part 164. In the past, 33 CFR Part 164 only

applied 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, Federal Register (61 FR 35064), amended

33 CFR 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 apply only to vessels of 1,600 gross tons or greater, not to

towboats or tugboats. The rule has been amended to eliminate this

unintended result.

For purposes of clarity and to be more consistent with other

sections of this part, the upper boundary of this RNA is no longer

defined by the words, ``* * * below Baton Rouge.'' Lower Mississippi

River mile 233.9 above Head of Passes will now define the upper limit

of this RNA by replacing the words ``* * * below Baton Rouge'' as found

in 33 CFR Sec. 165.810 (a) and (b). This language will more precisely

delineate the upper boundary of the RNA thereby avoiding potential

confusion as to the exact location of ``* * * below Baton Rouge.''

Regulatory Evaluation

This interim 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, 1997). The Coast Guard expects the economic impact of this

interim rule to be so minimal that full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. The regulation does not require that additional personnel

are required aboard each vessel, rather it requires that existing

watchstanding personnel to be immediately available to take necessary

action to respond to vessel emergencies. This interim rule establishes

additional requirements in order to enhance vessel safety and better

protect property within the RNA. In the event this rule imposes

additional costs the Coast Guard believes this burden is 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 the 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 river activities using a portable radio from a vantage

point other than the pilot house, 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. 601 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 214(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 interim 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

[[Page 58653]]

Division, New Orleans, LA or by telephone at (504) 589-4686 for

assistance.

Collection of Information

This interim 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 interim 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

Environment

The Coast Guard considered the environmental impact of this interim

rule and concluded that under paragraph 2.B.2(e)(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 section 165.810, paragraph (a) and (b) introductory text are

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 Lower Mississippi River below mile 233.9

above Head of Passes including South Pass and Southwest Pass, to assist

in the prevention of allisions; collisions and groundings so as to

ensure port safety and protect the navigable waters of the Mississippi

River from environmental harm resulting from those incidents, and to

enhance the safety of passenger vessels moored or anchored in the

Mississippi River.

(b) Lower Mississippi River below mile 233.9 above Head of Passes

including South and Southwest Passes:

* * * * *

(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, 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 of 1,600 or more gross tons 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: October 24, 1997.

T.W. Josiah,

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

[FR Doc. 97-28745 Filed 10-29-97; 8:45 am]

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